Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0339 Compare Versions

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

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5	5	2023 -- S 0339
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7	7	LC001548
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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 AND OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF
16	16	LICENSES
17	17	Introduced By: Senators Raptakis, Tikoian, Sosnowski, Burke, F. Lombardi, Ciccone,
18	18	DiMario, Felag, Paolino, and McKenney
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Judiciary
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22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled 1
25	25	"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows: 2
26	26	31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 3
27	27	(a) Any person who drives a motor vehicle on any highway of this state who never applied 4
28	28	for a license or who drives after his or her application for a license has been refused, or after his or 5
29	29	her license has expired or who otherwise drives without a license or at a time when his or her license 6
30	30	to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic 7
31	31	drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4) 8
32	32	manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in 9
33	33	death; or (4)(5) three (3) moving violations within a one-year period; shall be guilty of a 10
34	34	misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third 11
35	35	or subsequent offenses. 12
36	36	(b) The division of motor vehicles upon receiving a record of the conviction of any person 13
37	37	upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 14
38	38	set forth in this section shall suspend the person's license or deny the person's application for any 15
39	39	length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 16
40	40	receiving a record of conviction of a second violation of driving a motor vehicle while the license 17
41	41	of that person was suspended for reasons set forth in this section, the division of motor vehicles 18
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45	45	shall suspend the person's license or deny the person's application for any length of time that it shall 1
46	46	deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall 2
47	47	result in license revocation. Upon receiving a record of the conviction of any person upon a charge 3
48	48	of driving after his or her application for a license had been refused, or after his or her license had 4
49	49	been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall 5
50	50	not issue a new license for an additional period of one year from and after the date the person would 6
51	51	otherwise have been entitled to apply for a new license. 7
52	52	(c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 8
53	53	($500) shall be imposed, and if the person was driving after his or her application for a license had 9
54	54	been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 10
55	55	for operating under the influence of a controlled substance or intoxicating liquor, or his or her 11
56	56	refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor 12
57	57	vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a 13
58	58	minimum of ten (10) days. 14
59	59	(2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 15
60	60	section within a five (5) year period shall be imposed, and if the person was driving after his or her 16
61	61	application for a license had been refused, or at a time when his or her license to operate was 17
62	62	suspended, revoked, or cancelled for operating under the influence of a controlled substance or 18
63	63	intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter 19
64	64	from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person 20
65	65	shall be imprisoned for a minimum of six (6) months to one year. 21
66	66	(3) For any subsequent conviction within a five (5) year period, a fine of one thousand 22
67	67	dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 23
68	68	required to participate in a public service program designated and approved by the court. If the 24
69	69	person was driving after his or her application for a license had been refused or at a time when his 25
70	70	or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence 26
71	71	of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; 27
72	72	(iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so 28
73	73	as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. 29
74	74	Jurisdiction for violations of this section is given to the district court and the court shall have full 30
75	75	authority to impose any sentence authorized for violations of this section. 31
76	76	(d) Upon a conviction for driving a motor vehicle while the license of the person was 32
77	77	suspended, revoked or cancelled for any of the charges set forth in subsection (a) of this section, 33
78	78	the judge may order the confiscation of the license plate. 34
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82	82	(e) If the court finds that the surrender of the license plate would cause undue hardship to 1
83	83	the dependents of the offender, a judge may order the plate not be impounded. 2
84	84	(f) Any conviction of a subsequent offense of this section shall result in the mandatory 3
85	85	impoundment of the license plate by the court. 4
86	86	(d)(g) No fines, suspensions, treatment, or jail provided for under this section can be 5
87	87	suspended. 6
88	88	SECTION 2. This act shall take effect upon passage. 7
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95	95	EXPLANATION
96	96	BY THE LEGISLATIVE COUNCIL
97	97	OF
98	98	A N A C T
99	99	RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF
100	100	LICENSES
101	101	***
102	102	This act would allow a judge to order the impoundment of the license plates of an individual 1
103	103	convicted of the offenses listed in this section. Upon a finding by the court of an undue hardship to 2
104	104	the dependents of the offender the court may order the plates not be impounded. A subsequent 3
105	105	conviction shall result in a mandatory impoundment of the plate. 4
106	106	This act would take effect upon passage. 5
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