House Bill #5978 (2021)
AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC OFFENSES
Removes the $25.00 limit on tuition for a motorist to attend a driver education course, and would allow a judge or magistrate to delay the imposition of a suspension or revocation of a driver's license or registration for a period up to 30 days.
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2021-02-26: Introduced, referred to House Judiciary
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2021-03-19: Scheduled for hearing and/or consideration (03/24/2021)
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2021-03-24: Committee recommended measure be held for further study
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2021-06-04: Scheduled for consideration (06/10/2021)
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2021-06-10: Committee recommends passage
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2021-06-11: Placed on House Calendar (06/17/2021)
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2021-06-17: House read and passed
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2021-06-21: Referred to Senate Judiciary
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2021-06-26: Scheduled for consideration (06/28/2021)
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2021-06-26: Proposed Substitute
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2021-06-28: Committee recommends passage of Sub A
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2021-06-28: Placed on Senate Calendar (06/30/2021)
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2021-06-30: Senate passed Sub A
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2021-06-30: Placed on House Calendar (07/01/2021)
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2021-07-01: House passed Sub A in concurrence
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2021-07-06: Transmitted to Governor
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2021-07-14: Effective without Governor's signature
Changes since original draft
2021 – H 5978- 2021 – H 5978 SUBSTITUTE A
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LC002196- LC002196/SUB A
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S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2021 ____________ A N A C T- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2021
- ____________
- A N A C T
- RELATING TO MOTOR AND OTHER VEHICLES – ADJUDICATION OF TRAFFIC
OFFENSES- OFFENSES
- Introduced By: Representatives Edwards, Solomon, Casimiro, Alzate, Newberry,
- Baginski, and Potter
- Date Introduced: February 26, 2021
- Referred To: House Judiciary
- (Judiciary)
It is enacted by the GeneralAssembly as follows: SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses"is hereby amended to read as follows:- It is enacted by the General Assembly as follows:
- SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:
- 31-41.1-6. Hearings.
(a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, city, or town and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief magistrate of the traffic tribunal mayprescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery. (b) After due consideration of the evidence and arguments, the judge or magistrate shall determine whetherthechargeshave beenestablished, andappropriate findings of factshall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shallbe entered in the records of the traffic tribunal. (c) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treatedas an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of anypenalty authorized by anyprovisions of this title for the violation, including, but not limited to, license suspension and/or in the case of a motorist under the age of twenty (20), community service, exceptthat no penalty for it shall include imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a registration in the name of the defendant in accordance with any provisions of this title which authorize the suspension or revocation of a license or of a registration, or may order the suspension of the license and the registration of the defendant for the willful failure to pay a fine previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate may order the suspension of the registration of the vehicle with which the violation was committed, if the defendant has willfully failed to pay a fine previously imposed. (d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operatedunder the jurisdiction of a college or university accreditedby the state of Rhode Island, or the trained personnel of the departmentof revenue. Anorder toattend a course may also include a provision to pay reasonable tuition for the course to the institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain findings of fact. Failure to comply with anorder of attendancemay, afternotice andhearing, result in the suspension or revocation of a person's license or registration. (e) Unless a judge or magistrate shall determine determines thata substantial traffic safety hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may delay for aperiod of not toexceedthirty (30) days theeffective dateof anysuspension or revocation of a driver's license or vehicle registration imposed pursuant to this chapter. However, the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle registration shall contain a statement of reasons for it. SECTION 2. This act shalltake effect upon passage.- (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, city, or town and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.
- (b) After due consideration of the evidence and arguments, the judge or magistrate shall determinewhetherthechargeshavebeenestablished,andappropriatefindingsoffactshallbemade on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.
- (c) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of anypenaltyauthorized by anyprovisions of this title for the violation, including, but not limited to, license suspension and/or in the case of a motorist under the age of twenty (20), community service, except that no penalty for it shall include imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a registration in the name of the defendant in accordance with any provisions of this title which authorize the suspension or revocation of a license or of a registration, or may order the suspension of the license and the registration of the defendant for the willful failure to pay a fine previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate may order the suspension of the registration of the vehicle with which the violation was committed, if the defendant has willfully failed to pay a fine previously imposed.
- (d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the department of revenue. An order to attend a course may also include a provision to pay reasonable tuition for the course to the institution in an amount not to exceed twenty-five dollars ($25.00) inan amount not to exceed the feeestablished by the college or university accredited by the state of Rhode Island or the department of revenue for driver retraining. The order shall contain findings of fact. Failure to comply with an order of attendance may, after noticeand hearing, result in the suspension or revocation of aperson's license or registration.
- (e) Unless a judge or magistrate shall determine determines that a substantial traffic safety hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may delayforaperiodof not toexceedthirty(30)daystheeffectivedateofanysuspensionorrevocation of a driver's license or vehicle registration imposed pursuant to this chapter. However, the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle registration shall contain a statement of reasons for it.
- SECTION 2. This act shall take effect upon passage.
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LC002196- LC002196/SUB A
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LC002196 - Page 2of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO MOTOR AND OTHER VEHICLES – ADJUDICATION OF TRAFFIC OFFENSES- EXPLANATION
- BY THE LEGISLATIVE COUNCIL
- OF
- A N A C T
- RELATING TO MOTOR AND OTHER VEHICLES – ADJUDICATION OF TRAFFIC
- OFFENSES
- ***
This act would remove the twenty five dollar ($25.00) limit on tuition for a motorist to attend a driver education course,and would allow a judge or magistrate to delay the imposition of a suspension or revocation of a driver's license or registration for a period up to thirty (30) days. This act would take effect upon passage. ======== LC002196 ======== LC002196 - Page 3of 3- This act would remove the twenty five dollar ($25.00) limit on tuition for a motorist to attend a driver education course, and would allow a judge or magistrate to delay the imposition of a suspension or revocation of a driver's license or registration for a period up to thirty (30) days.
- This act would take effect upon passage. ======== LC002196/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
May 21, 2019 at 4:22pm
Yeas: 70 /
Nays: 0 /
Not voting: 5 /
Recused: 0
Floor vote for Passage
In Concurrence
June 06, 2019 at 5:24pm
Yeas: 35 /
Nays: 0 /
Not voting: 3 /
Recused: 0
Floor vote for TRAFFIC OFFENSES
June 30, 2021 at 6:25pm
Yeas: 37 /
Nays: 0 /
Not voting: 1 /
Recused: 0