Rhode Island 2023 Regular Session

Rhode Island House Bill H6070 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6070
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7	7	LC002462
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MOTOR AN D OTHER VEHICLES
16	16	Introduced By: Representatives Noret, Corvese, Finkelman, Hull, Dawson, and Vella-
17	17	Wilkinson
18	18	Date Introduced: March 03, 2023
19	19	Referred To: House Judiciary
20	20	(Judiciary)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled 1
24	24	"Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: 2
25	25	31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 3
26	26	(a) Any person who drives a motor vehicle on any highway of this state who never applied 4
27	27	for a license or who drives after his or her application for a license has been refused, or after his or 5
28	28	her license has expired or who otherwise drives without a license or at a time when his or her license 6
29	29	to operate is suspended, revoked, or cancelled, for: 7
30	30	(1) operating under the influence of a narcotic drug controlled substance or intoxicating 8
31	31	liquor; 9
32	32	(2) refusing to submit to a chemical test; 10
33	33	(3) reckless driving; 11
34	34	(3)(4) manslaughter from the operation of a motor vehicle or operating a motor vehicle so 12
35	35	as to endanger resulting in death or driving so as to endanger, resulting in death; or 13
36	36	(4)(5) three (3) moving violations within a one-year period; shall be guilty of a 14
37	37	misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third 15
38	38	or subsequent offenses. 16
39	39	(b) The division of motor vehicles upon receiving a record of the conviction of any person 17
40	40	upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 18
41	41	set forth in this section shall suspend the person’s license or deny the person’s application for any 19
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44	44	LC002462 - Page 2 of 4
45	45	length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 1
46	46	receiving a record of conviction of a second violation of driving a motor vehicle while the license 2
47	47	of that person was suspended for reasons set forth in this section, the division of motor vehicles 3
48	48	shall suspend the person’s license or deny the person’s application for any length of time that it 4
49	49	shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction 5
50	50	shall result in license revocation. Upon receiving a record of the conviction of any person upon a 6
51	51	charge of driving after his or her application for a license had been refused, or after his or her license 7
52	52	had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles 8
53	53	shall not issue a new license for an additional period of one year from and after the date the person 9
54	54	would otherwise have been entitled to apply for a new license. 10
55	55	(c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 11
56	56	($500) shall be imposed, and if the person was driving after his or her application for a license had 12
57	57	been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 13
58	58	for; 14
59	59	(i) operating under the influence of a controlled substance or intoxicating liquor,; 15
60	60	(ii) or his or her refusal to submit to a chemical test,; 16
61	61	(iii) reckless driving,; 17
62	62	(iv) manslaughter from the operation of a motor vehicle, or operation operating a motor 18
63	63	vehicle so as to endanger, death resulting in death or driving so as to endanger, resulting in death; 19
64	64	or 20
65	65	(v) having three (3) moving violations within a one year period; the person shall be 21
66	66	imprisoned for a minimum of ten (10) days. 22
67	67	(2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 23
68	68	section within a five (5) year period shall be imposed, and if the person was driving after his or her 24
69	69	application for a license had been refused, or at a time when his or her license to operate was 25
70	70	suspended, revoked, or cancelled for; 26
71	71	(i) operating under the influence of a controlled substance or intoxicating liquor,; or his or 27
72	72	her 28
73	73	(ii) refusal to submit to a chemical test,; 29
74	74	(iii) reckless driving, manslaughter from the operation of a motor vehicle, or operation 30
75	75	(iv) operating a motor vehicle so as to endanger, death resulting in death or driving so as 31
76	76	to endanger resulting in death; or 32
77	77	(v) having three (3) moving violation within a one year period,; the person shall be 33
78	78	imprisoned for a minimum of six (6) months to one year. 34
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82	82	(3) For any subsequent conviction within a five (5) year period, a fine of one thousand 1
83	83	dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 2
84	84	required to participate in a public service program designated and approved by the court. If the 3
85	85	person was driving after his or her application for a license had been refused or at a time when his 4
86	86	or her license to operate was suspended, revoked, or cancelled for:; 5
87	87	(i) operating under the influence of a controlled substance or intoxicating liquor; 6
88	88	(ii) his or her refusal to submit to a chemical test; 7
89	89	(iii) reckless driving; 8
90	90	(iv) manslaughter from the operation of a motor vehicle; or (v) operating a motor vehicle 9
91	91	so as to endanger, death resulting in death; or 10
92	92	(v) having three (3) moving violations within a one year period; the person shall be 11
93	93	imprisoned for a minimum of one year. Jurisdiction for violations of this section is given to the 12
94	94	district court and the court shall have full authority to impose any sentence authorized for violations 13
95	95	of this section. 14
96	96	(d) No fines, suspensions, treatment, or jail provided for under this section can be 15
97	97	suspended. 16
98	98	SECTION 2. This act shall take effect upon passage. 17
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105	105	EXPLANATION
106	106	BY THE LEGISLATIVE COUNCIL
107	107	OF
108	108	A N A C T
109	109	RELATING TO MOTOR AN D OTHER VEHICLES
110	110	***
111	111	This act would provide updates and clarifications to the current penalties for driving after 1
112	112	denial, revocation, or suspension of an individual’s license. 2
113	113	This act would take effect upon passage. 3
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