State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-27 > 31-27-12-3

SECTION 31-27-12.3

   § 31-27-12.3  Preparation and dispositionof records. – (a) Responsibility of individual officer. At or before the completion ofhis or her tour of duty, every police officer who has issued a summons from hisor her book or pad shall retain a copy of the summons and shall deliver to thechief administrative officer of his or her department or organization or to theperson duly authorized by the chief administrative officer the request forcomplaint, the division of motor vehicles record and police record all dulysigned by the police officer together with all summonses spoiled, mutilated, orvoided during the tour of duty, endorsed with a full explanation of each.

   (2) Each officer shall, upon using all summonses in a pad orbook, return it to the chief administrative officer of his or her department orstate police barracks or person duly authorized by him or her.

   (b) Responsibility of chief administrative officer ofpolice department or state police barracks. Every chief administrativeofficer of a police department or state police barracks, or person dulyauthorized by him or her, shall, upon their receipt from a police officer whohas issued a summons, deposit the completed copy, request for complaint, andthe division of motor vehicles' record with the court having jurisdiction ofthe alleged violation no later than two (2) days after the date of the issuanceof the summons, Sundays and legal holidays excepted. The chief administrativeofficer shall retain for department records the form designated police record.The chief administrative officer shall also cause to be completed, induplicate, the summary sheet for each pad or book noting on it the date ofissuance of all summonses contained in the book, including the mutilation ordestruction of any summonses contained in it together with the court complaintnumber issued and the disposition, if known, within ten (10) days after receiptof the used book or pad from the police officer and shall, within that time,deposit the original summary sheet signed by the chief administrative officeror person duly authorized by him or her to the clerk of the court whichdistributed the book or pad, retaining the copy for department records.

   (c) Responsibility of courts. A full record shall bekept by every court in this state of every case in which a person is chargedwith a violation of any provision of this title, or any act relative to motorvehicles, or to the operation of the vehicles. An abstract of that record shallbe sent by the court to the division of motor vehicles within ten (10) days ofthe time when the case is disposed of.

   (2) In any case in which the charge is a violation of thatportion of § 31-27-2(a) relating to a person operating under the influenceof intoxicating liquor, the case shall not be construed as disposed of, ifsentence is imposed to attend a special course as provided in that section,until action has been taken by the court having jurisdiction of the charge uponcompletion of the course or upon a failure to complete it.

   (3) If a case was commenced by a summons as provided in§ 31-27-12, the abstract shall be made on the division of motor vehiclesrecord provided in § 31-27-12.1, and otherwise the abstract shall be madeupon forms prepared by the division of motor vehicles. Every abstract shallinclude all necessary information as to the parties to the cause, the nature ofthe offense, the date of the hearing, the plea, the decision, the judgment andthe result, and in case an operator or chauffeur shall plead guilty or nolocontendere or be found guilty of a violation of § 31-14-1, the number ofmiles per hour by which the operator or chauffeur exceeded the reasonable andprudent speed, and every abstract shall be certified by the clerk of the court.The division of motor vehicles shall keep records and they shall be open to thepublic inspection during the business hours of the division of motor vehicles.The judge of any court in the state may, upon his or her own initiative, orupon the request of the division of motor vehicles or its agents, furnish tothe division of motor vehicles the details of all particularly flagrant caseswhich may be heard before the judge and may make any recommendations to thedivision of motor vehicles as to the suspension of the license of the personsdefendant in the case that the judge may deem necessary.

   (4) The clerk of every court which has issued pads or booksof summonses and related records provided in § 31-27-12.1 shall be theinitial custodian of all summary sheets returned to the court as provided insubsection (b) of this section. The clerk shall determine that all requiredinformation is included on the summary sheets and shall annually, during themonth of July, deliver all summary sheets returned to his or her custody duringthe preceding twelve (12) months to the administrative clerk in the judicialdepartment. The clerk shall also, during the month of July, determine thelocation of all pads or books and summonses distributed by him or her more thanone year prior to the month, and the summary sheet for which has not beenreturned and shall, within the month, report his or her finding to theadministrative clerk of the judicial department.

   (d) Responsibility of administrative clerk of judicialdepartment. Upon receipt of the summary sheets and reports of clerks asprovided by subsection (c) of this section, the administrative clerk of thejudicial department shall be the custodian of them and shall keep the sheetsand reports for a period of not less than three (3) years, and they shall beopen to the public inspection during the hours when the office of theadministrative clerk of the judicial department is open.

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-27 > 31-27-12-3

SECTION 31-27-12.3

   § 31-27-12.3  Preparation and dispositionof records. – (a) Responsibility of individual officer. At or before the completion ofhis or her tour of duty, every police officer who has issued a summons from hisor her book or pad shall retain a copy of the summons and shall deliver to thechief administrative officer of his or her department or organization or to theperson duly authorized by the chief administrative officer the request forcomplaint, the division of motor vehicles record and police record all dulysigned by the police officer together with all summonses spoiled, mutilated, orvoided during the tour of duty, endorsed with a full explanation of each.

   (2) Each officer shall, upon using all summonses in a pad orbook, return it to the chief administrative officer of his or her department orstate police barracks or person duly authorized by him or her.

   (b) Responsibility of chief administrative officer ofpolice department or state police barracks. Every chief administrativeofficer of a police department or state police barracks, or person dulyauthorized by him or her, shall, upon their receipt from a police officer whohas issued a summons, deposit the completed copy, request for complaint, andthe division of motor vehicles' record with the court having jurisdiction ofthe alleged violation no later than two (2) days after the date of the issuanceof the summons, Sundays and legal holidays excepted. The chief administrativeofficer shall retain for department records the form designated police record.The chief administrative officer shall also cause to be completed, induplicate, the summary sheet for each pad or book noting on it the date ofissuance of all summonses contained in the book, including the mutilation ordestruction of any summonses contained in it together with the court complaintnumber issued and the disposition, if known, within ten (10) days after receiptof the used book or pad from the police officer and shall, within that time,deposit the original summary sheet signed by the chief administrative officeror person duly authorized by him or her to the clerk of the court whichdistributed the book or pad, retaining the copy for department records.

   (c) Responsibility of courts. A full record shall bekept by every court in this state of every case in which a person is chargedwith a violation of any provision of this title, or any act relative to motorvehicles, or to the operation of the vehicles. An abstract of that record shallbe sent by the court to the division of motor vehicles within ten (10) days ofthe time when the case is disposed of.

   (2) In any case in which the charge is a violation of thatportion of § 31-27-2(a) relating to a person operating under the influenceof intoxicating liquor, the case shall not be construed as disposed of, ifsentence is imposed to attend a special course as provided in that section,until action has been taken by the court having jurisdiction of the charge uponcompletion of the course or upon a failure to complete it.

   (3) If a case was commenced by a summons as provided in§ 31-27-12, the abstract shall be made on the division of motor vehiclesrecord provided in § 31-27-12.1, and otherwise the abstract shall be madeupon forms prepared by the division of motor vehicles. Every abstract shallinclude all necessary information as to the parties to the cause, the nature ofthe offense, the date of the hearing, the plea, the decision, the judgment andthe result, and in case an operator or chauffeur shall plead guilty or nolocontendere or be found guilty of a violation of § 31-14-1, the number ofmiles per hour by which the operator or chauffeur exceeded the reasonable andprudent speed, and every abstract shall be certified by the clerk of the court.The division of motor vehicles shall keep records and they shall be open to thepublic inspection during the business hours of the division of motor vehicles.The judge of any court in the state may, upon his or her own initiative, orupon the request of the division of motor vehicles or its agents, furnish tothe division of motor vehicles the details of all particularly flagrant caseswhich may be heard before the judge and may make any recommendations to thedivision of motor vehicles as to the suspension of the license of the personsdefendant in the case that the judge may deem necessary.

   (4) The clerk of every court which has issued pads or booksof summonses and related records provided in § 31-27-12.1 shall be theinitial custodian of all summary sheets returned to the court as provided insubsection (b) of this section. The clerk shall determine that all requiredinformation is included on the summary sheets and shall annually, during themonth of July, deliver all summary sheets returned to his or her custody duringthe preceding twelve (12) months to the administrative clerk in the judicialdepartment. The clerk shall also, during the month of July, determine thelocation of all pads or books and summonses distributed by him or her more thanone year prior to the month, and the summary sheet for which has not beenreturned and shall, within the month, report his or her finding to theadministrative clerk of the judicial department.

   (d) Responsibility of administrative clerk of judicialdepartment. Upon receipt of the summary sheets and reports of clerks asprovided by subsection (c) of this section, the administrative clerk of thejudicial department shall be the custodian of them and shall keep the sheetsand reports for a period of not less than three (3) years, and they shall beopen to the public inspection during the hours when the office of theadministrative clerk of the judicial department is open.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-27 > 31-27-12-3

SECTION 31-27-12.3

   § 31-27-12.3  Preparation and dispositionof records. – (a) Responsibility of individual officer. At or before the completion ofhis or her tour of duty, every police officer who has issued a summons from hisor her book or pad shall retain a copy of the summons and shall deliver to thechief administrative officer of his or her department or organization or to theperson duly authorized by the chief administrative officer the request forcomplaint, the division of motor vehicles record and police record all dulysigned by the police officer together with all summonses spoiled, mutilated, orvoided during the tour of duty, endorsed with a full explanation of each.

   (2) Each officer shall, upon using all summonses in a pad orbook, return it to the chief administrative officer of his or her department orstate police barracks or person duly authorized by him or her.

   (b) Responsibility of chief administrative officer ofpolice department or state police barracks. Every chief administrativeofficer of a police department or state police barracks, or person dulyauthorized by him or her, shall, upon their receipt from a police officer whohas issued a summons, deposit the completed copy, request for complaint, andthe division of motor vehicles' record with the court having jurisdiction ofthe alleged violation no later than two (2) days after the date of the issuanceof the summons, Sundays and legal holidays excepted. The chief administrativeofficer shall retain for department records the form designated police record.The chief administrative officer shall also cause to be completed, induplicate, the summary sheet for each pad or book noting on it the date ofissuance of all summonses contained in the book, including the mutilation ordestruction of any summonses contained in it together with the court complaintnumber issued and the disposition, if known, within ten (10) days after receiptof the used book or pad from the police officer and shall, within that time,deposit the original summary sheet signed by the chief administrative officeror person duly authorized by him or her to the clerk of the court whichdistributed the book or pad, retaining the copy for department records.

   (c) Responsibility of courts. A full record shall bekept by every court in this state of every case in which a person is chargedwith a violation of any provision of this title, or any act relative to motorvehicles, or to the operation of the vehicles. An abstract of that record shallbe sent by the court to the division of motor vehicles within ten (10) days ofthe time when the case is disposed of.

   (2) In any case in which the charge is a violation of thatportion of § 31-27-2(a) relating to a person operating under the influenceof intoxicating liquor, the case shall not be construed as disposed of, ifsentence is imposed to attend a special course as provided in that section,until action has been taken by the court having jurisdiction of the charge uponcompletion of the course or upon a failure to complete it.

   (3) If a case was commenced by a summons as provided in§ 31-27-12, the abstract shall be made on the division of motor vehiclesrecord provided in § 31-27-12.1, and otherwise the abstract shall be madeupon forms prepared by the division of motor vehicles. Every abstract shallinclude all necessary information as to the parties to the cause, the nature ofthe offense, the date of the hearing, the plea, the decision, the judgment andthe result, and in case an operator or chauffeur shall plead guilty or nolocontendere or be found guilty of a violation of § 31-14-1, the number ofmiles per hour by which the operator or chauffeur exceeded the reasonable andprudent speed, and every abstract shall be certified by the clerk of the court.The division of motor vehicles shall keep records and they shall be open to thepublic inspection during the business hours of the division of motor vehicles.The judge of any court in the state may, upon his or her own initiative, orupon the request of the division of motor vehicles or its agents, furnish tothe division of motor vehicles the details of all particularly flagrant caseswhich may be heard before the judge and may make any recommendations to thedivision of motor vehicles as to the suspension of the license of the personsdefendant in the case that the judge may deem necessary.

   (4) The clerk of every court which has issued pads or booksof summonses and related records provided in § 31-27-12.1 shall be theinitial custodian of all summary sheets returned to the court as provided insubsection (b) of this section. The clerk shall determine that all requiredinformation is included on the summary sheets and shall annually, during themonth of July, deliver all summary sheets returned to his or her custody duringthe preceding twelve (12) months to the administrative clerk in the judicialdepartment. The clerk shall also, during the month of July, determine thelocation of all pads or books and summonses distributed by him or her more thanone year prior to the month, and the summary sheet for which has not beenreturned and shall, within the month, report his or her finding to theadministrative clerk of the judicial department.

   (d) Responsibility of administrative clerk of judicialdepartment. Upon receipt of the summary sheets and reports of clerks asprovided by subsection (c) of this section, the administrative clerk of thejudicial department shall be the custodian of them and shall keep the sheetsand reports for a period of not less than three (3) years, and they shall beopen to the public inspection during the hours when the office of theadministrative clerk of the judicial department is open.