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| 5 | 5 | | 2023 -- H 5212 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000203 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF |
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| 16 | 16 | | LICENSES |
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| 17 | 17 | | Introduced By: Representatives Serpa, and Noret |
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| 18 | 18 | | Date Introduced: January 19, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled 1 |
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| 24 | 24 | | "Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 3 |
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| 26 | 26 | | (a) Any person who drives a motor vehicle on any highway of this state who never applied 4 |
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| 27 | 27 | | for a license or who drives after his or her application for a license has been refused, or after his or 5 |
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| 28 | 28 | | her license has expired or who otherwise drives without a license or at a time when his or her license 6 |
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| 29 | 29 | | to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic 7 |
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| 30 | 30 | | drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4) 8 |
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| 31 | 31 | | manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in 9 |
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| 32 | 32 | | death; or (4)(5) three (3) moving violations within a one-year period; shall be guilty of a 10 |
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| 33 | 33 | | misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third 11 |
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| 34 | 34 | | or subsequent offenses. 12 |
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| 35 | 35 | | (b) The division of motor vehicles upon receiving a record of the conviction of any person 13 |
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| 36 | 36 | | upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 14 |
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| 37 | 37 | | set forth in this section shall suspend the person's license or deny the person's application for any 15 |
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| 38 | 38 | | length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 16 |
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| 39 | 39 | | receiving a record of conviction of a second violation of driving a motor vehicle while the license 17 |
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| 40 | 40 | | of that person was suspended for reasons set forth in this section, the division of motor vehicles 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000203 - Page 2 of 5 |
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| 44 | 44 | | shall suspend the person's license or deny the person's application for any length of time that it shall 1 |
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| 45 | 45 | | deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall 2 |
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| 46 | 46 | | result in license revocation. Upon receiving a record of the conviction of any person upon a charge 3 |
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| 47 | 47 | | of driving after his or her application for a license had been refused, or after his or her license had 4 |
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| 48 | 48 | | been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall 5 |
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| 49 | 49 | | not issue a new license for an additional period of one year from and after the date the person would 6 |
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| 50 | 50 | | otherwise have been entitled to apply for a new license. 7 |
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| 51 | 51 | | (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 8 |
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| 52 | 52 | | ($500) shall be imposed, and if the person was driving after his or her application for a license had 9 |
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| 53 | 53 | | been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 10 |
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| 54 | 54 | | for operating under the influence of a controlled substance or intoxicating liquor, or his or her 11 |
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| 55 | 55 | | refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor 12 |
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| 56 | 56 | | vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a 13 |
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| 57 | 57 | | minimum of ten (10) days. 14 |
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| 58 | 58 | | (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 15 |
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| 59 | 59 | | section within a five (5) year period shall be imposed, and if the person was driving after his or her 16 |
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| 60 | 60 | | application for a license had been refused, or at a time when his or her license to operate was 17 |
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| 61 | 61 | | suspended, revoked, or cancelled for operating under the influence of a controlled substance or 18 |
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| 62 | 62 | | intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter 19 |
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| 63 | 63 | | from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person 20 |
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| 64 | 64 | | shall be imprisoned for a minimum of six (6) months to one year. 21 |
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| 65 | 65 | | (3) For any subsequent conviction within a five (5) year period, a fine of one thousand 22 |
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| 66 | 66 | | dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 23 |
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| 67 | 67 | | required to participate in a public service program designated and approved by the court. If the 24 |
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| 68 | 68 | | person was driving after his or her application for a license had been refused or at a time when his 25 |
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| 69 | 69 | | or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence 26 |
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| 70 | 70 | | of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; 27 |
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| 71 | 71 | | (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so 28 |
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| 72 | 72 | | as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. 29 |
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| 73 | 73 | | Jurisdiction for violations of this section is given to the district court and the court shall have full 30 |
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| 74 | 74 | | authority to impose any sentence authorized for violations of this section. 31 |
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| 75 | 75 | | (d) No fines, suspensions, treatment, or jail provided for under this section can be 32 |
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| 76 | 76 | | suspended. 33 |
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| 77 | 77 | | SECTION 2. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000203 - Page 3 of 5 |
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| 81 | 81 | | "Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: 1 |
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| 82 | 82 | | 31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 2 |
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| 83 | 83 | | (a) Any person who drives a motor vehicle on any highway of this state who never applied 3 |
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| 84 | 84 | | for a license or who drives after his or her application for a license has been refused, or after his or 4 |
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| 85 | 85 | | her license has expired or who otherwise drives without a license or at a time when his or her license 5 |
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| 86 | 86 | | to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic 6 |
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| 87 | 87 | | drug or intoxicating liquor; (2) refusing to submit to a chemical test; reckless driving; (3) 7 |
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| 88 | 88 | | manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in 8 |
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| 89 | 89 | | death; or (4) three (3) moving violations within a one-year period; shall be guilty of a misdemeanor 9 |
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| 90 | 90 | | for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent 10 |
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| 91 | 91 | | offenses. 11 |
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| 92 | 92 | | (b) The division of motor vehicles upon receiving a record of the conviction of any person 12 |
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| 93 | 93 | | upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 13 |
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| 94 | 94 | | set forth in this section shall suspend the person’s license or deny the person’s application for any 14 |
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| 95 | 95 | | length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 15 |
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| 96 | 96 | | receiving a record of conviction of a second violation of driving a motor vehicle while the license 16 |
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| 97 | 97 | | of that person was suspended for reasons set forth in this section, the division of motor vehicles 17 |
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| 98 | 98 | | shall suspend the person’s license or deny the person’s application for any length of time that it 18 |
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| 99 | 99 | | shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction 19 |
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| 100 | 100 | | shall result in license revocation. Upon receiving a record of the conviction of any person upon a 20 |
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| 101 | 101 | | charge of driving after his or her application for a license had been refused, or after his or her license 21 |
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| 102 | 102 | | had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles 22 |
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| 103 | 103 | | shall not issue a new license for an additional period of one year from and after the date the person 23 |
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| 104 | 104 | | would otherwise have been entitled to apply for a new license. 24 |
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| 105 | 105 | | (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 25 |
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| 106 | 106 | | ($500) shall be imposed, and if the person was driving after his or her application for a license had 26 |
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| 107 | 107 | | been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 27 |
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| 108 | 108 | | for operating under the influence of a controlled substance or intoxicating liquor, or his or her 28 |
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| 109 | 109 | | refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor 29 |
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| 110 | 110 | | vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a 30 |
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| 111 | 111 | | minimum of ten (10) days. 31 |
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| 112 | 112 | | (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 32 |
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| 113 | 113 | | section within a five (5) year period shall be imposed, and if the person was driving after his or her 33 |
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| 114 | 114 | | application for a license had been refused, or at a time when his or her license to operate was 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000203 - Page 4 of 5 |
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| 118 | 118 | | suspended, revoked, or cancelled for operating under the influence of a controlled substance or 1 |
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| 119 | 119 | | intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter 2 |
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| 120 | 120 | | from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person 3 |
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| 121 | 121 | | shall be imprisoned for a minimum of six (6) months to one year. 4 |
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| 122 | 122 | | (3) For any subsequent conviction within a five (5) year period, a fine of one thousand 5 |
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| 123 | 123 | | dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 6 |
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| 124 | 124 | | required to participate in a public service program designated and approved by the court. If the 7 |
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| 125 | 125 | | person was driving after his or her application for a license had been refused or at a time when his 8 |
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| 126 | 126 | | or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence 9 |
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| 127 | 127 | | of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; 10 |
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| 128 | 128 | | (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so 11 |
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| 129 | 129 | | as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. 12 |
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| 130 | 130 | | Jurisdiction for violations of this section is given to the district court and the court shall have full 13 |
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| 131 | 131 | | authority to impose any sentence authorized for violations of this section. 14 |
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| 132 | 132 | | (d) No fines, suspensions, treatment, or jail provided for under this section can be 15 |
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| 133 | 133 | | suspended. 16 |
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| 134 | 134 | | (e) When any law enforcement officer arrests a person for driving a motor vehicle while 17 |
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| 135 | 135 | | the license of the person was suspended, revoked or cancelled for any of the reasons set forth in 18 |
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| 136 | 136 | | subsections (a)(1) or (a)(2) of this section, and the vehicle so driven is owned in whole or in part 19 |
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| 137 | 137 | | by the person so arrested, the license plates of that vehicle shall be confiscated by the arresting 20 |
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| 138 | 138 | | officer and shall be impounded for a period of not less than ninety (90) days; provided, however, 21 |
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| 139 | 139 | | that if the charges hereunder are dropped or dismissed for any reason, the license plates shall 22 |
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| 140 | 140 | | thereupon be returned to their owner, and in no event shall such impoundment continue beyond the 23 |
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| 141 | 141 | | duration of any sentence imposed under this section; and provided further, that if a court determines 24 |
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| 142 | 142 | | that such impoundment would cause undue hardship to dependents of the offender, the court may 25 |
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| 143 | 143 | | order the division of motor vehicles to issue a temporary substitute license plate to the vehicle under 26 |
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| 144 | 144 | | such terms and for such time as the court deems necessary to achieve substantial justice. 27 |
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| 145 | 145 | | SECTION 3. This act shall take effect upon passage. 28 |
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| 146 | 146 | | ======== |
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| 147 | 147 | | LC000203 |
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| 148 | 148 | | ======== |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | LC000203 - Page 5 of 5 |
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| 152 | 152 | | EXPLANATION |
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| 153 | 153 | | BY THE LEGISLATIVE COUNCIL |
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| 154 | 154 | | OF |
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| 155 | 155 | | A N A C T |
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| 156 | 156 | | RELATING TO MOTOR AN D OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF |
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| 157 | 157 | | LICENSES |
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| 158 | 158 | | *** |
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| 159 | 159 | | This act would require that the license plates of a vehicle be confiscated by a law 1 |
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| 160 | 160 | | enforcement officer if the owner was arrested for driving while their license was suspended, 2 |
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| 161 | 161 | | revoked or cancelled for refusing to submit to a chemical test or for operating a motor vehicle under 3 |
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| 162 | 162 | | the influence of a narcotic drug or intoxicating liquor and would allow temporary substitute plates 4 |
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| 163 | 163 | | if the court determines such impoundment of license plates would cause undue hardship to 5 |
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| 164 | 164 | | dependents of offender. 6 |
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| 165 | 165 | | This act would take effect upon passage. 7 |
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| 166 | 166 | | ======== |
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| 167 | 167 | | LC000203 |
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| 168 | 168 | | ======== |
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