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