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S 2717Criminal Procedure

Motor and Other Vehicles - Suspension or Revocation of Licenses - Violations

This bill makes driving with a suspended license a crime for additional reasons, including court orders or having too many tickets.

Held for study
Population
Affected
15
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Introduced Feb 27, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the Rhode Island General Laws regarding penalties for driving with a suspended, revoked, or denied license. It expands the specific grounds for suspension that trigger criminal liability to include lack of physical or mental fitness, high frequency of traffic offenses, or any court-ordered suspension. The bill clarifies that a first or second offense constitutes a misdemeanor, while a third or subsequent offense is deemed a felony. It maintains existing mandatory fines and minimum imprisonment terms for suspensions related to serious offenses such as DUI or reckless driving.

For younger readers

There are rules that say who is allowed to drive a car. If someone breaks the rules, the government can take away their driver's license. This bill adds new reasons why someone might get in trouble for driving without a license. It says that if a judge told you not to drive, or if you had too many tickets before, and you drive anyway, you can get in big trouble. It helps police and judges make sure that people who are not supposed to be driving stay off the road to keep everyone safe.

Who & Where It Applies

Impacted groups
Drivers with suspended licensesJudges and Court StaffLaw Enforcement OfficersDivision of Motor VehiclesPublic Defenders
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Enhances public safety by ensuring that individuals deemed physically or mentally unfit to drive face serious consequences for operating a vehicle, protecting the community from potential harm.
  • Clarifies the legal code to ensure that repeat offenders who disregard court orders are held accountable, upholding the integrity of the judicial process.
  • Maintains the option for public service programs as an alternative or addition to imprisonment for subsequent offenses, which aligns with restorative justice principles.
  • Expands the criteria for felony charges, potentially leading to the over-criminalization of individuals who may be driving due to economic necessity despite administrative or court-ordered suspensions.
  • Relies on mandatory minimum fines and potential jail time, which disproportionately affects low-income individuals and does not allow judges to consider a defendant's ability to pay.
  • Could increase the prison population by categorizing more driving offenses as felonies, diverting state resources away from social services and toward incarceration.
For Conservatives
  • Strengthens law and order by ensuring that individuals who ignore court orders or license suspensions face strict criminal penalties, including felony charges for repeat offenders.
  • Promotes public safety by creating a strong deterrent against driving for those who have been deemed unfit or habitual offenders.
  • Empowers the judicial system by explicitly criminalizing the violation of "any court ordered license suspension," ensuring court authority is respected.
  • Expands government power by increasing the number of actions that can result in a felony record, potentially viewed as state overreach into personal conduct.
  • Removes judicial discretion by imposing mandatory fines and sentences, which limits the ability of judges to adjudicate based on the specific circumstances of a case.
  • Could lead to higher taxpayer costs associated with the incarceration and prosecution of non-violent traffic offenders.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions · 7 deletions

SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: 31-11-18.1. Driving after denial, revocation, or suspension for certain violations.

(a) Any person shall be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent offenses who drives a motor vehicle on any highway of this state who never applied for a license or who drives after his or her application for a license has been refused, or after his or her license has expired or who otherwise drives without a license or at a time when his or her license to operate is suspended, revoked, or cancelled, for:

(1) operating Operating under the influence of a narcotic drug or intoxicating liquor;

(2) refusing Refusing to submit to a chemical test; reckless driving;

(3) manslaughter Manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in death; or

(4) three Three (3) moving violations within a one-year period;

(5) Lack of physical or mental fitness;

(6) Frequency of offenses pursuant to § 31-11-7(a)(1)(i); or

(7) Any court ordered license suspension. shall be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent offenses.

(b) The division of motor vehicles upon receiving a record of the conviction of any person upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons set forth in this section shall suspend the person’s license or deny the person’s application for any length of time that it shall deem proper but in no case less than an additional three (3) months. Upon receiving a record of conviction of a second violation of driving a motor vehicle while the license of that person was suspended for reasons set forth in this section, the division of motor vehicles shall suspend the person’s license or deny the person’s application for any length of time that it shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall result in license revocation. Upon receiving a record of the conviction of any person upon a charge of driving after his or her application for a license had been refused, or after his or her license had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall not issue a new license for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license. (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars ($500) shall be imposed, and if the person was driving after his or her application for a license had been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled for operating under the influence of a controlled substance or intoxicating liquor, or his or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a minimum of ten (10) days.

(2) A mandatory fine of five hundred dollars ($500) for a second conviction under this section within a five (5) year period shall be imposed, and if the person was driving after his or her application for a license had been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled for operating under the influence of a controlled substance or intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a minimum of six (6) months to one year.

(3) For any subsequent conviction within a five (5) year period, a fine of one thousand dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be required to participate in a public service program designated and approved by the court. If the person was driving after his or her application for a license had been refused or at a time when his or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test;

(iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. Jurisdiction for violations of this section is given to the district court and the court shall have full authority to impose any sentence authorized for violations of this section.

(d) No fines, suspensions, treatment, or jail provided for under this section can be suspended.

SECTION 2. This act shall take effect upon passage.