| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0361 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000818 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 -- SNOWMOBILES AND |
|---|
| 16 | 16 | | RECREATIONAL VEHICLE S |
|---|
| 17 | 17 | | Introduced By: Senators Zurier, Ciccone, F. Lombardi, Picard, and Britto |
|---|
| 18 | 18 | | Date Introduced: February 16, 2023 |
|---|
| 19 | 19 | | Referred To: Senate Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Chapter 31-3.2 of the General Laws entitled "Snowmobiles and Recreational 1 |
|---|
| 24 | 24 | | Vehicles" is hereby amended by adding thereto the following section: 2 |
|---|
| 25 | 25 | | 31-3.2-12. Unlawful operation of recreational vehicles on local highways -- Criminal 3 |
|---|
| 26 | 26 | | penalties. 4 |
|---|
| 27 | 27 | | (a) It shall be unlawful for any person to drive or operate any unregistered motorcycle, off-5 |
|---|
| 28 | 28 | | road motorcycle, dirt bike motorcycle, mini-bike, motor driven scooter or cycle subject to 6 |
|---|
| 29 | 29 | | registration pursuant to title 31 or recreational vehicle, as defined in § 31-3.2-1, on any public or 7 |
|---|
| 30 | 30 | | local highway, as defined in § 31-1-23, unless specifically permitted pursuant to § 31-3.2-7(a)(4) 8 |
|---|
| 31 | 31 | | or by ordinance, or unless exempted as a permitted crossing pursuant to § 31-3.2-7(a)(2). 9 |
|---|
| 32 | 32 | | (b) It shall be unlawful for any person to drive or operate any vehicle listed in subsection 10 |
|---|
| 33 | 33 | | (a) of this section on public or local highways in violation of any traffic laws, including, but not 11 |
|---|
| 34 | 34 | | limited to, offenses listed in § 31-27-13. 12 |
|---|
| 35 | 35 | | (c) Any person who violates subsections (a) or (b) of this section: 13 |
|---|
| 36 | 36 | | (1) For a first or second offense within a period of five (5) years shall commit a civil 14 |
|---|
| 37 | 37 | | violation for which a fine of not less than one hundred dollars ($100) nor more than five hundred 15 |
|---|
| 38 | 38 | | dollars ($500) may be imposed. 16 |
|---|
| 39 | 39 | | (2) For a third or subsequent offense within a period of five (5) years shall be guilty of a 17 |
|---|
| 40 | 40 | | misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC000818 - Page 2 of 7 |
|---|
| 44 | 44 | | imprisonment for not more than thirty (30) days, or both. 1 |
|---|
| 45 | 45 | | (d) In addition to the penalties provided pursuant to subsection (c) of this section the 2 |
|---|
| 46 | 46 | | operators of vehicles being operated in violation of subsection (a) of this section may not travel in 3 |
|---|
| 47 | 47 | | formation in violation of § 31-15-12. Any person who violates this section while travelling: 4 |
|---|
| 48 | 48 | | (1) In a group of two (2) to four (4) vehicles in violation of subsection (a) of this section: 5 |
|---|
| 49 | 49 | | (i) For a first or second offense within a period of five (5) years shall commit a civil 6 |
|---|
| 50 | 50 | | violation for which a fine of not less than one hundred dollars ($100) nor more than five hundred 7 |
|---|
| 51 | 51 | | dollars ($500) may be imposed. 8 |
|---|
| 52 | 52 | | (ii) For a third or subsequent offense within a period of five (5) years shall be guilty of a 9 |
|---|
| 53 | 53 | | misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), 10 |
|---|
| 54 | 54 | | imprisonment for not more than thirty (30) days, or both. 11 |
|---|
| 55 | 55 | | (2) In a group of five (5) to ten (10) vehicles in violation of subsection (a) of this section: 12 |
|---|
| 56 | 56 | | (i) For a first or second offense within a period of five (5) years shall commit a civil 13 |
|---|
| 57 | 57 | | violation for which a fine of not less than five hundred dollars ($500) nor more than one thousand 14 |
|---|
| 58 | 58 | | dollars ($1,000) may be imposed. 15 |
|---|
| 59 | 59 | | (ii) For a third or subsequent offense within a period of five (5) years shall be guilty of a 16 |
|---|
| 60 | 60 | | misdemeanor, and shall be punished by a fine of not more than one thousand dollars ($1,000), 17 |
|---|
| 61 | 61 | | imprisonment for not more than sixty (60) days, or both. 18 |
|---|
| 62 | 62 | | (3) In a group of more than ten (10) vehicles in violation of subsection (a) of this section: 19 |
|---|
| 63 | 63 | | (i) For a first or second offense within a period of five (5) years shall commit a civil 20 |
|---|
| 64 | 64 | | violation for which a fine of not less than one thousand dollars ($1,000) nor more than one thousand 21 |
|---|
| 65 | 65 | | five hundred dollars ($1,500) may be imposed. 22 |
|---|
| 66 | 66 | | (ii) For a third or subsequent offense within a period of five (5) years shall be guilty of a 23 |
|---|
| 67 | 67 | | misdemeanor, and shall be punished by a fine of not more than two thousand dollars ($2,000), 24 |
|---|
| 68 | 68 | | imprisonment for not more than ninety (90) days, or both. 25 |
|---|
| 69 | 69 | | (e) Enforcement. 26 |
|---|
| 70 | 70 | | (1) All local jurisdictions and the department of attorney general shall have the authority 27 |
|---|
| 71 | 71 | | to enforce the provisions of this section and to promulgate rules and regulations necessary to 28 |
|---|
| 72 | 72 | | implement and enforce this section. 29 |
|---|
| 73 | 73 | | (2) Law enforcement shall have the authority to impound any vehicle operated in violation 30 |
|---|
| 74 | 74 | | of subsection (a) of this section. 31 |
|---|
| 75 | 75 | | (3) No impounded vehicle listed in subsection (a) of this section shall be released until final 32 |
|---|
| 76 | 76 | | disposition of all criminal and/or civil charges relating to the operation or storage of any said 33 |
|---|
| 77 | 77 | | vehicles, nor until proof of ownership and proper registration, according to state statute, is verified, 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC000818 - Page 3 of 7 |
|---|
| 81 | 81 | | and applicable towing and storage charges are paid. Additionally, the city solicitor or attorney 1 |
|---|
| 82 | 82 | | general shall have the authority to commence forfeiture proceedings, as described in subsection (f) 2 |
|---|
| 83 | 83 | | of this section. 3 |
|---|
| 84 | 84 | | (f) In addition to the penalties in subsections (c), (d) and (e) of this section, the following 4 |
|---|
| 85 | 85 | | forfeiture provision shall apply: 5 |
|---|
| 86 | 86 | | (1) Any vehicles enumerated in subsection (a) of this section, which have been or are being 6 |
|---|
| 87 | 87 | | used in violation of this section, may be seized and upon conviction forfeited; provided, that no 7 |
|---|
| 88 | 88 | | motor vehicle as enumerated in this section used by any person shall be forfeited under the 8 |
|---|
| 89 | 89 | | provisions of this section unless it shall appear that the owner of the vehicle had knowledge, actual 9 |
|---|
| 90 | 90 | | or constructive, and was a consenting party to the alleged illegal act. 10 |
|---|
| 91 | 91 | | (2) Any criminal complaint or violation of traffic laws, including, but not limited to, a 11 |
|---|
| 92 | 92 | | violation of this section shall set forth with reasonable particularity the motor vehicle that the 12 |
|---|
| 93 | 93 | | attorney general or local law enforcement seeks to forfeit pursuant to this section. 13 |
|---|
| 94 | 94 | | (3)(i) The court may, upon application of the attorney general or local solicitor, enter a 14 |
|---|
| 95 | 95 | | restraining order or injunction, require any person claiming any interest in the subject vehicle to 15 |
|---|
| 96 | 96 | | execute a satisfactory performance bond to the state, or take any other action to preserve the 16 |
|---|
| 97 | 97 | | availability of the vehicle subject to forfeiture described in this section, whether prior or subsequent 17 |
|---|
| 98 | 98 | | to the filing of a complaint, indictment, or information. 18 |
|---|
| 99 | 99 | | (ii) Written notice and an opportunity for a hearing shall be afforded to persons appearing 19 |
|---|
| 100 | 100 | | to have an interest in the vehicle. The hearing, however, is to be limited to the issues of whether: 20 |
|---|
| 101 | 101 | | (A) There is a substantial probability that the state or local jurisdiction will prevail on the 21 |
|---|
| 102 | 102 | | issue of forfeiture and that failure to enter the order will result in the vehicle being destroyed, 22 |
|---|
| 103 | 103 | | conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, 23 |
|---|
| 104 | 104 | | depreciated in value or otherwise made unavailable for forfeiture; and 24 |
|---|
| 105 | 105 | | (B) The need to preserve the availability of the vehicle through the entry of the requested 25 |
|---|
| 106 | 106 | | order outweighs the hardship on any party against whom the order is to be entered. 26 |
|---|
| 107 | 107 | | (4)(i) A temporary restraining order under this section may be entered upon application of 27 |
|---|
| 108 | 108 | | the attorney general or local solicitor without notice or opportunity for a hearing when a complaint, 28 |
|---|
| 109 | 109 | | information, or indictment has not yet been filed with respect to the vehicle if the attorney general 29 |
|---|
| 110 | 110 | | or local jurisdiction demonstrates that there is probable cause to believe that the vehicle with respect 30 |
|---|
| 111 | 111 | | to which the order is sought would, in the event of conviction, be subject to forfeiture under § 31-31 |
|---|
| 112 | 112 | | 27-4.3 and this section and that provision of notice will jeopardize the availability of the vehicle 32 |
|---|
| 113 | 113 | | for forfeiture. The temporary restraining order shall expire within ten (10) days of the date on which 33 |
|---|
| 114 | 114 | | it is entered unless extended for good cause shown or unless the party against whom it is entered 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC000818 - Page 4 of 7 |
|---|
| 118 | 118 | | consents to an extension for a longer period. 1 |
|---|
| 119 | 119 | | (ii) A hearing requested by any party in interest concerning an order entered under this 2 |
|---|
| 120 | 120 | | subsection shall be held at the earliest possible time and prior to the expiration of the temporary 3 |
|---|
| 121 | 121 | | order. 4 |
|---|
| 122 | 122 | | (iii) The court may receive and consider, at the hearing held pursuant to this subsection, 5 |
|---|
| 123 | 123 | | evidence and information that would be inadmissible in court. 6 |
|---|
| 124 | 124 | | (5) Upon conviction of a person for the covered offense, the court may enter a judgment of 7 |
|---|
| 125 | 125 | | forfeiture of the vehicle described in this section to the state or local jurisdiction and may also 8 |
|---|
| 126 | 126 | | authorize the attorney general or local solicitor to seize the motor vehicle ordered forfeited upon 9 |
|---|
| 127 | 127 | | any terms and conditions that the court shall deem proper. Following the entry of an order declaring 10 |
|---|
| 128 | 128 | | the vehicle forfeited, the court may, upon application of the attorney general or local solicitor: 11 |
|---|
| 129 | 129 | | (i) Enter appropriate restraining orders or injunctions; 12 |
|---|
| 130 | 130 | | (ii) Require the execution of satisfactory performance bonds, appoint receivers, 13 |
|---|
| 131 | 131 | | conservators, appraisers, accountants, or trustees; or 14 |
|---|
| 132 | 132 | | (iii) Take any other action to protect the interest of the state or local jurisdiction in the 15 |
|---|
| 133 | 133 | | property ordered forfeited. 16 |
|---|
| 134 | 134 | | (6) All right, title, and interest in the vehicle described in this section vests in the state or 17 |
|---|
| 135 | 135 | | local jurisdiction upon the commission of the act giving rise to forfeiture under this section. Any 18 |
|---|
| 136 | 136 | | such vehicle that is subsequently transferred to any person may be the subject of a special verdict 19 |
|---|
| 137 | 137 | | of forfeiture and shall be ordered forfeited to the state or local jurisdiction, unless the transferee 20 |
|---|
| 138 | 138 | | establishes in a hearing pursuant to subsection (f)(7) of this section that he or she is a bona fide 21 |
|---|
| 139 | 139 | | purchaser for value of the vehicle who at the time of purchase was reasonably without cause to 22 |
|---|
| 140 | 140 | | believe that the vehicle was subject to forfeiture. 23 |
|---|
| 141 | 141 | | (7) Procedures subsequent to the special verdict of forfeiture shall be as follows: 24 |
|---|
| 142 | 142 | | (i) Following the entry of an order of forfeiture under this section, the state or local 25 |
|---|
| 143 | 143 | | jurisdiction shall publish notice of the order and of its intent to dispose of the vehicle once per week 26 |
|---|
| 144 | 144 | | for at least three (3) weeks in any manner that the attorney general or local solicitor may provide 27 |
|---|
| 145 | 145 | | by regulation. The attorney general or local solicitor shall also, to the extent practicable, provide 28 |
|---|
| 146 | 146 | | written notice to all parties known to have an interest in the vehicle and all parties whose identity 29 |
|---|
| 147 | 147 | | is reasonably subject to discovery and who may have an interest in the forfeited vehicle. 30 |
|---|
| 148 | 148 | | (ii) Any person, other than the defendant, asserting any interest in the vehicle that has been 31 |
|---|
| 149 | 149 | | ordered forfeited to the state or local jurisdiction pursuant to this section may, within one hundred 32 |
|---|
| 150 | 150 | | eighty (180) days of the final publication of notice or his or her receipt of notice under subsection 33 |
|---|
| 151 | 151 | | (f)(7)(i) of this section, whichever is earlier, petition the court for a hearing to adjudicate the validity 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC000818 - Page 5 of 7 |
|---|
| 155 | 155 | | of his or her alleged interest in the vehicle. 1 |
|---|
| 156 | 156 | | (iii) The petition shall be signed by the petitioner under penalty of perjury and shall set 2 |
|---|
| 157 | 157 | | forth the nature and extent of the petitioner's right, title, or interest in the vehicle; any additional 3 |
|---|
| 158 | 158 | | facts supporting the petitioner's claim; and the relief sought. 4 |
|---|
| 159 | 159 | | (iv) The hearing on the petition shall, to the extent practicable and consistent with the 5 |
|---|
| 160 | 160 | | interest of justice, be held within thirty (30) days of the filing of the petition. The court may 6 |
|---|
| 161 | 161 | | consolidate the hearing on the petition with a hearing on any other petition filed by a person other 7 |
|---|
| 162 | 162 | | than the defendant and concerning the same vehicle. 8 |
|---|
| 163 | 163 | | (v) At a hearing, the petitioner may testify and present evidence and witnesses on his or 9 |
|---|
| 164 | 164 | | her own behalf, and cross-examine witnesses who appear at the hearing. The state or local 10 |
|---|
| 165 | 165 | | jurisdiction may present evidence and witnesses in rebuttal and in defense of its claim to the vehicle 11 |
|---|
| 166 | 166 | | and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence 12 |
|---|
| 167 | 167 | | presented at the hearing, the court shall consider the relevant portions of the record of the criminal 13 |
|---|
| 168 | 168 | | case or violations of this section that resulted in the order of forfeiture. 14 |
|---|
| 169 | 169 | | (vi) In accordance with its findings at the hearing, the court shall amend the order of 15 |
|---|
| 170 | 170 | | forfeiture if it determines that the petitioner has established by a preponderance of the evidence 16 |
|---|
| 171 | 171 | | that: 17 |
|---|
| 172 | 172 | | (A) The petitioner has a right, title, or interest in the vehicle, and the right, title or interest 18 |
|---|
| 173 | 173 | | was vested in the petitioner rather than the defendant or was superior to any right, title, or interest 19 |
|---|
| 174 | 174 | | of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the 20 |
|---|
| 175 | 175 | | vehicle under this section; or 21 |
|---|
| 176 | 176 | | (B) The petitioner is a bona fide purchaser for value of any right, title or interest in the 22 |
|---|
| 177 | 177 | | vehicle and was at the time of purchase reasonably without cause to believe that the property was 23 |
|---|
| 178 | 178 | | subject to forfeiture under this section. 24 |
|---|
| 179 | 179 | | (8) Following the court's disposition of all petitions filed under this section, or if no such 25 |
|---|
| 180 | 180 | | petitions are filed, following the expiration of the period provided in this section for the filing of 26 |
|---|
| 181 | 181 | | the petitions, the state or local jurisdiction shall have clear title to the vehicle that is the subject of 27 |
|---|
| 182 | 182 | | the order of forfeiture and shall transfer good and sufficient title to any subsequent purchaser, 28 |
|---|
| 183 | 183 | | transferee, or fund as provided in this chapter. 29 |
|---|
| 184 | 184 | | (9) Except as provided in this section, no party claiming an interest in the vehicle subject 30 |
|---|
| 185 | 185 | | to forfeiture under this section may: 31 |
|---|
| 186 | 186 | | (i) Intervene in a trial or appeal of a criminal case involving the forfeiture of the property; 32 |
|---|
| 187 | 187 | | or 33 |
|---|
| 188 | 188 | | (ii) Commence any action against the state or local jurisdiction concerning the validity of 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC000818 - Page 6 of 7 |
|---|
| 192 | 192 | | the alleged interest. 1 |
|---|
| 193 | 193 | | (g) In order to facilitate the identification or location of the vehicle declared forfeited and 2 |
|---|
| 194 | 194 | | to facilitate the disposition of petitions filed pursuant to this section after the entry of an order 3 |
|---|
| 195 | 195 | | declaring a vehicle forfeited to the state or local jurisdiction, the court may, upon application of the 4 |
|---|
| 196 | 196 | | attorney general or local solicitor, order that the testimony of any witness relating to the forfeited 5 |
|---|
| 197 | 197 | | vehicle be taken by deposition and that any designated book, paper, document, record, recording 6 |
|---|
| 198 | 198 | | (electronic or otherwise), or other material not privileged, be produced at the same time and place, 7 |
|---|
| 199 | 199 | | in the same manner as provided for the taking of depositions under the rules of civil procedure. 8 |
|---|
| 200 | 200 | | (h) If the vehicle described in this section: 9 |
|---|
| 201 | 201 | | (1) Cannot be located; 10 |
|---|
| 202 | 202 | | (2) Has been transferred to, sold to or deposited with a third party; 11 |
|---|
| 203 | 203 | | (3) Has been placed beyond the jurisdiction of the court; 12 |
|---|
| 204 | 204 | | (4) Has been substantially diminished in value by any act or omission of the defendant; the 13 |
|---|
| 205 | 205 | | court shall order the forfeiture of any other property of the defendant up to the value of the subject 14 |
|---|
| 206 | 206 | | property. 15 |
|---|
| 207 | 207 | | (i) The court shall have jurisdiction to enter orders as provided in this section without 16 |
|---|
| 208 | 208 | | regard to the location of any property that may be subject to forfeiture under this section or that has 17 |
|---|
| 209 | 209 | | been ordered forfeited under this section. 18 |
|---|
| 210 | 210 | | SECTION 2. This act shall take effect upon passage. 19 |
|---|
| 211 | 211 | | ======== |
|---|
| 212 | 212 | | LC000818 |
|---|
| 213 | 213 | | ======== |
|---|
| 214 | 214 | | |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | LC000818 - Page 7 of 7 |
|---|
| 217 | 217 | | EXPLANATION |
|---|
| 218 | 218 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 219 | 219 | | OF |
|---|
| 220 | 220 | | A N A C T |
|---|
| 221 | 221 | | RELATING TO MOTOR AN D OTHER VEHICLES -- SNOWMOBILES AND |
|---|
| 222 | 222 | | RECREATIONAL VEHICLE S |
|---|
| 223 | 223 | | *** |
|---|
| 224 | 224 | | This act would create fines and misdemeanor penalties for any person driving or operating 1 |
|---|
| 225 | 225 | | any recreational vehicle on any local highway unless specifically permitted by ordinance or 2 |
|---|
| 226 | 226 | | exempted as a permitted crossing, and would require operators to obey all traffic laws while on 3 |
|---|
| 227 | 227 | | local highways. Violators would be subject to fines and said recreational vehicles would be subject 4 |
|---|
| 228 | 228 | | to impoundment and forfeiture. 5 |
|---|
| 229 | 229 | | This act would take effect upon passage. 6 |
|---|
| 230 | 230 | | ======== |
|---|
| 231 | 231 | | LC000818 |
|---|
| 232 | 232 | | ======== |
|---|
| 233 | 233 | | |
|---|