Title 17

Title 17. PUBLIC SAFETY

Part I. Vehicles and Road Safety

Chapter 1. Provisions of General Applicability

Section 17.101. Erection and maintenance of signs and markings. The Governor erects and maintains signs designating a business, school and residential district, and other signs and markings, consistent with the provisions of this part, as may be necessary to direct and regulate traffic.

Section 17.102. Public inspection of accident reports. Filing of a report required by Chapter 7 of Title 13 is without prejudice. A report is not open to public inspection.

Section 17.103. Power to establish speed limits. By regulation the Governor may establish higher speed limits than those indicated in Section 13.704 (13)-(15) between widely spaced intersections or lower speed limits than those indicated herein in particularly hazardous areas by erecting a sign giving notice of the speed limit. The speed limits set forth in Section 13.704 (13)-(15) do not apply to an emergency vehicle when operated in an emergency when the driver gives an audible signal by horn, bell, siren or exhaust whistle. This section does not relieve the driver of an emergency vehicle from the responsibility to drive with due regard for the safety of a person using a road.

Section 17.104. Fees. The Department of Administration and Finance collects a fee required by this part.

Background

Amended by State Law 7-1.

Section 17.105. Conditional sales and mortgages. If a vehicle is subject to an agreement for conditional sale or lease with the right of purchase upon performance of the conditions and with an immediate right of possession vested in the conditional vendee, lessee, or if a mortgagor of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor is the owner of the vehicle for the purpose of this part.

Chapter 2. Registration of Motor Vehicles

Section 17.201. Application. An owner of a motor vehicle who intends to operate the motor vehicle on a road registers the vehicle with the Chief of Police before operating the vehicle. The owner applies for registration on a prescribed form signed by him showing his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine and serial number, and whether the vehicle is new or used. The owner of a vehicle presents evidence to satisfy the Chief of Police that he is the lawful owner of the vehicle. An owner of a vehicle registered in another jurisdiction and bearing valid plates may operate the vehicle for three days following its arrival in the State, after which he registers the vehicle pursuant to this chapter.

Cross-reference:

For offense see Section 13.701.

Section 17.202. Records.

(1) The Chief of Police files a received application, and registers the vehicle and the owner on an index card as follows:

(a) numerically, under a distinctive registration number assigned to the vehicle and the owner; and

(b) alphabetically, under the name of the owner.

(2) Registration and license records are kept in the office of the Chief of Police and are public records open for inspection by the public during business hours.

Section 17.203. Transfer. An owner transferring a registered vehicle endorses the name and address of the transferee and the date of transfer upon the reverse side of the registration card issued for the vehicle and immediately forwards the card to the Chief of Police. Before operating or permitting operation of the vehicle the transferee registers the vehicle pursuant to Section 17.201. If transfer of a registered vehicle occurs by inheritance, devise, bequest, execution, sale or repossession upon default of performance of an agreement of sale, the vehicle is not operated upon a road until the person who is entitled to own the vehicle applies for and registers the vehicle.

Cross-reference:

For offense see Section 13.702.

Section 17.204. Fees. A person registering a vehicle pays a fee according to the following schedule:

(1) Motorcycle, two dollars and fifty cents;

(2) Jeep, sedan, or other vehicle not specified in subsection (3), five dollars;

(3) Pickup, truck, bus, or other vehicle not specified in subsection (1) and (2), according to weight in pounds at the time of original sale in the State:

(a) Under two thousand pounds or fraction thereof, seven dollars and fifty cents;

(b) Two thousand to two thousand nine hundred ninety-nine pounds or fraction thereof, ten dollars;

(d) Six thousand to seven thousand four hundred ninety-nine pounds or fraction thereof, twenty dollars.

(e) Seven thousand five hundred pounds and over, twenty-five dollars

Section 17.205. Card. The Chief of Police issues to the owner a registration card which contains upon its face the date issued, the registration number, the name and address of the owner, and a description of the registered vehicle, including the engine number. The Chief of Police issues a number plate for a registered vehicle. The registration card is in the vehicle when the vehicle is under operation on a road.

Section 17.206. Display of plate.

(1) A vehicle operated displays a number plate issued by the Chief of Police showing the registration number and year. The plate is attached to the rear of the vehicle.

(2) By regulation the Chief of Police describes terms for issuing and displaying at least three classes of number plates: Government plates, dealer plates and private owner plates.

Section 17.207. Expiration; renewal. A registration pursuant to this chapter expires one year from the first day of the month in which the vehicle was registered. If a registration is renewed more than one month after expiring, the renewed registration shall expire one year from the date by which it should have been renewed. If a motor vehicle is registered after the expiration of its prior registration, the registration fee is one hundred ten percent of the original registration fee. By regulation the Chief of Police establishes the time for registering a vehicle.

Background

Amended by State Law 7-70.

Chapter 3. Licensing

Section 17.301. License. A person does not operate a motor vehicle unless licensed as an operator pursuant to this chapter. The license fee is six dollars. A license issued by another jurisdiction is valid within the State for thirty days following the licensee's entry into the State.

Cross-reference:

For offense see Section 13.702

Section 17.302. Classes; age requirements.

(1) A license is issued for the following classes of vehicles:

(a) a motorcycle, motor scooter, or motor bike;

(b) a motor vehicle not specified elsewhere in this subsection having a gross weight of three thousand pounds or less;

(d) a motor vehicle intended primarily for off-road agricultural, industrial, or construction use;

(e) a motor vehicle with a capacity of ten or more passengers used for conveying school children;

(f) a motor vehicle used as a passenger-carrying taxi.

(2) A person applying for a license:

(a) has attained the age of:

(1) sixteen years, in the case of an operator's license or learner's permit issued pursuant to paragraphs (a),(b),(c) or (d) of subsection 1; or

(2) twenty-one years, in the case of an operator's license or learner's permit issued pursuant to paragraphs (e) or (f) of subsection 1; and

(b) In the case of an operator's license or learner's permit issued pursuant paragraphs (d),(e) or (f), of subsection 1, a person is the holder of an operator's license issued pursuant to paragraph (c) of subsection 1.

(3) An operator's license or learner's permit issued for a class stated in subsection 1 is valid only for the operation of a motor vehicle included in that class, except that an operator's license or learner's permit issued pursuant to paragraphs (b) or (c) is also valid as a license or permit to operate a motor vehicle in a preceding paragraph of that subsection.

Section 17.303. Learner's permit.

(1) The Chief of Police issues a temporary learner's permit for a class stated in Section 17.302, after examining a person's physical and mental qualifications to operate a motor vehicle in the class applied for.

(2) A learner's permit is valid for sixty days from the date of issue, or until sooner canceled by law, suspended or revoked, or until the holder has successfully qualified for an operator's license of the same class as the learner's permit.

(3) The holder of a learner's permit may operate a motor vehicle of the class for which the permit is issued when accompanied by a driver licensed to operate a motor vehicle of the same class.

(4) The fee for a learner's permit is three dollars.

Cross-reference:

For offense see Section 13.702.

Section 17.304. Content of application. A person applying for an operator's license states his name, age, sex and residence and whether or not he has been licensed and when and by what state, and whether or not the license was ever suspended or revoked and the date of and reason for suspension or revocation.

Section 17.305. Examination.

(1) The Chief of Police examines an applicant for an operator's license and determines whether he is physically and mentally qualified to operate a motor vehicle in the class applied for before issuing a license for that class.

(2) By regulation the Chief of Police states qualifications required for a license of a particular class.

Section 17.306. Register of operators: notation of class to be included on license.

(1) The Chief of Police files an application for an operator's license or learner's permit and indexes the same by name, number, and class of license or permit. He maintains records of an issued license, an application for license denied, a violation of this title, and a suspension or revocation of license or permit.

(2) The Chief of Police notes on an operator's license or learner's permit the class of the said license or permit, and the types of vehicle which may and may not be operated pursuant to the license or permit.

Section 17.307. Possession of license. A person licensed as an operator has his license in his possession when operating a motor vehicle.

Section 17.308. Term. An operator's license is valid until the birthday of the operator during the fourth calendar year following the year of issuance of the license.

Chapter 4. Equipment

Section 17.401. Lighting equipment. A motor vehicle upon a road is equipped with required working lighting equipment during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to see clearly a person on the road at a distance of two hundred feet.

Section 17.402. Head lamps. A motor vehicle other than a motorcycle or farm tractor is equipped with two headlights at the front of and on opposite sides of the motor vehicle. A motorcycle is equipped with at least one and not more than two headlights. A headlight produces a driving light sufficiently clear to enable the driver to see clearly a person two hundred feet ahead, but may not project a glaring or dazzling light to a person in front of the headlight.

Section 17.403. Tail lamps. A motor vehicle and trailer carries at the rear a red light plainly visible at a distance of two hundred feet.

Section 17.404. Lamps on other vehicles and equipment.

(1) A bicycle used on the road is equipped with a light in the front and a reflex mirror in the rear.

(2) A cart or wagon used on a road is equipped with a light plainly visible at a distance of two hundred feet from both the front and rear.

Section 17.405. Brake. A motor vehicle is equipped with brakes adequate to control the movement of, and to stop and hold, the vehicle. A motorcycle is provided with two brakes operable by hand or foot. A brake is adequate to stop a motor vehicle within a safe distance and is maintained in good working order.

Section 17.406. Metal tires. No motor vehicle with metal tires is operated on a road without the Governor's permission.

Section 17.407. Annual inspection. The Chief of Police inspects a motor vehicle to determine its compliance with this chapter. By regulation the Chief of Police provides for the nature of the inspection. The Chief of Police may cancel the registration of a vehicle which he finds unsafe or unfit to be operated or is not equipped as required by this chapter.

Background

Added by State Law 3-88 repealed the previous Section 17.407 and renumbered the previous Section 17.408 as 17.407.

Section 17.408. Brake Lights. A motor vehicle other than a motorcycle or farm tractor is equipped with at least two red brake lights at the rear of and on opposite sides of the motor vehicle. A motorcycle is equipped with at least one red brake light. A brake light produces a red light which is visible at a distance of two hundred feet when the motor [vehicles] brakes are applied.

Background

Added by State Law 4-57.

Part II. Law Enforcement

Chapter 11. Arrest, Search, and Seizure

Section 17.1101. Arrest without warrant.

(1) A person may make an arrest only after first obtaining a warrant for the arrest, except as authorized in this chapter.

(2) An arrest without a warrant may occur in the following situations:

(a) When an offense has occurred and the offender attempts to depart the State, arrest of the offender may occur pursuant to the Court's oral order, or without an oral order if the Court could not act before the departure.

(b) A person may arrest another person whom he views committing an offense.

(3) Following commission of an offense a police officer who has reasonable grounds to believe that a particular person has committed the offense may arrest the person.

(4) When a police officer is not certain that an offense has occurred he may arrest and detain for examination a person whom he finds under circumstances which justify a reasonable suspicion that the person has committed, or intended to commit, a felony.

Section 17.1102. Cause and authority. At or before making an arrest a person makes a reasonable attempt to inform the arrested person of the cause and authority of the arrest.

Section 17.1103. Possession of warrant. Following issuance of an arrest warrant a police officer may make an arrest without having the warrant in his possession. If after arrest an arrested person requests to see the warrant for his arrest, the Police show it to him as soon as practicable.

Section 17.1104. Force. If an arrested person refuses to submit or attempts to escape, the arresting person may use the force necessary to compel submission.

Section 17.1105. Disposition of arrested person.

(1) A person making an arrest who is not a police officer brings the arrested person to a police officer or to the Court without delay, explaining the cause of the arrest.

(2) Following an arrest a police officer brings an arrested person without unnecessary delay before the Court, subject to the following:

(a) If the Court sets bail, the Police release the arrested person to appear in accordance with Court order.

(b) The arrested person has a reasonable opportunity to procure bail by sending messages through a police officer or other person by telephone, cable, messenger, or other expeditious means to a person likely to assist in securing bail. Transmission of a message is without expense to the Government or following prepayment of expense to the Government.

(c) If it appears that it is not practicable to bring the arrested person promptly before the Court and he is not on release through bail or personal recognizance, the Police bring him before the Court without unnecessary delay. The Court commits, discharges, or releases the arrested person on bail or personal recognizance pursuant to law.

Section 17.1106. Rights of arrested person.

(1) Following arrest it is unlawful for the Police to:

(a) deny the arrested person the right to see at reasonable intervals and for a reasonable time at the place of his detention counsel, family, employer, or employer representative;

(b) refuse or fail to make a reasonable effort to send a message pursuant to Section 17.1105 (2)(b);

(c) fail to release or charge an arrested person with an offense within a reasonable time, which may not exceed twenty-four hours following arrest;

(d) fail to advisean arrested person that:

(1) he has a right to remain silent;

(2) upon request the Police would attempt to call counsel to the place of detention and allow the arrested person to confer with counsel there before questioning, and upon request allow him to have counsel present during questioning; and

(3) a public defender is available to assist him as counsel without payment by the arrested person.

Section 17.1107. Search and seizure. Without issuance of a search warrant a person making an arrest may seize from an arrested person an offensive weapon on his person and search the person arrested and the premises where the arrest occurs, to the extent the arrested person controls the premises, for an instrument, the fruits, and evidence of the offense for which he makes the arrest which he may seize for prompt delivery to a police officer or the Court for disposition pursuant to law.

Section 17.1108. Forcing entrance. To make an arrest following refusal of a person within to allow entrance a person making an arrest for a felony committed in his presence, or a police officer making an arrest, may force entrance to a building or ship. Before breaking a door or other barrier he demands entrance in a loud voice and states that he wants to execute a warrant of arrest or an oral order of the Court. If arrest would be lawful without a warrant, he states that fact in a loud voice. A demand and statement are in a language believed to be understood by the occupant.

Section 17.1109. Search of out-going vessel or aircraft. Before a vessel's or aircraft's departure from the State, and upon authorization of the Attorney General, a police officer may search:

(1) a Government vessel or airplane; and

(2) baggage or goods before loading aboard any vessel or aircraft, for materials which might endanger a person or property, and may seize materials possessed in violation of law.

Chapter 12. Extradition

Section 17.1201. Definition. In this chapter:

(1) "executive" is the position of highest executive authority in a jurisdiction.

(2) "jurisdiction" is a national jurisdiction or a political subdivision with which the State has a relationship in an extradition matter, whether directly or through an intermediary.

Section 17.1202. Scope. Subject to controlling higher law and procedures prescribed thereby the Governor may effect extradition to or from the State with a jurisdiction.

Section 17.1203. Flight. The Governor orders the arrest of, and delivers to the executive of a jurisdiction, a person fleeing prosecution or punishment for an offense for which the jurisdiction has charged him.

Section 17.1204. Demand.

(1) A demand for extradition is in writing and alleges that the accused was in the jurisdiction at the time of the commission of the alleged offense and thereafter fled the jurisdiction. A demand includes the following, if existent:

(a) a copy of an indictment for the offense;

(b) a copy of an information supported by an affidavit;

(d) a copy of a judgment of conviction or of a sentence imposed in execution thereof with a statement by the executive that the accused has escaped from confinement or has broken the terms of bail, probation or parole.

(2) The indictment, information, or affidavit made before a magistrate substantially charges the accused with the commission of an offense in the jurisdiction.

(3) The executive authenticates a document stated in this section. The document is prima facie evidence of its truth.

Section 17.1205. Person imprisoned or awaiting trial. When a jurisdiction has imprisoned, or is holding for criminal proceedings against him, a person charged with a State offense, the Governor may agree with the executive for the extradition of the person before the conclusion of proceedings or term of sentence on condition that the State will return the person to the jurisdiction when the prosecution in the State is complete.

Section 17.1206. Involuntary departure. The Governor may surrender to an executive a person found in the State if the jurisdiction has charged him with an offense as provided in Section 17.204, even though the person left the jurisdiction involuntarily.

Section 17.1207. Absence during offense. The Governor may surrender to an executive a person in the State charged with an offense in the jurisdiction as provided in Section 17.1204, with committing an act in the State or in a third place intentionally resulting in an offense in the jurisdiction. The provisions of this chapter not otherwise inconsistent apply to this section, even though the accused was not in the jurisdiction at the time of the commission of the crime and has not fled therefrom.

Section 17.1208. Arrest warrant.

(1) If the Governor finds that a request for extradition merits compliance, he signs and seals an arrest warrant, directing the Attorney General or Chief of Police to execute the warrant. The warrant substantially recites the facts necessary to the validity of its issuance.

(2) A warrant authorizes a police officer or other person to make the arrest of the accused at any time and place within the State, command the aid of a police officer or other person in execution of the warrant, and to deliver the accused to the duly authorized agent of the jurisdiction subject to this chapter.

(3) Before the delivering of an arrested person to a jurisdiction the arrested person appears before the Court which informs him of the demand made for his surrender and of the offense with which he is charged, and that he has the right to counsel. If the arrested person or his counsel challenges the legality of the arrest, the Court allows a reasonable time for application for a writ of habeas corpus. The Court gives notice of the filing of an application and of the time and place of hearing to the Attorney General and to an agent of the jurisdiction.

Section 17.1209. Confinement. A person executing a warrant of arrest, or an agent of the jurisdiction may confine the prisoner in the State jail. The Police receive and safely keep the accused until the officer or person having charge of him is ready to depart. The jurisdiction pays the expense of the State's keeping the prisoner.

Section 17.1210. Arrest prior to requisition; by warrant. The Court issues a warrant to the Attorney General or Chief of Police ordering the arrest of a named person found in the State and to bring him before the Court to answer a charge based on an affidavit if:

(1) a person in the State is the subject of the sworn charge of a credible person before the Court stating the accused's commission of an offense in a place, and except in a matter arising pursuant to Section 17.1207, with having fled from justice, having been convicted of an offense and having escaped from confinement, or with having broken the terms of bail, probation, or parole; or

(2) a sworn complaint before the Court stating on the affidavit of a credible person in a jurisdiction that an offense has been committed in the jurisdiction and that the accused has been charged in the jurisdiction with the commission of the offense, and, except in cases arising pursuant to Section 17.1207, has fled from justice, or that the accused has been convicted of an offense in that jurisdiction and has escaped from confinement, or has broken the terms of his bail, probation or parole, and that the accused is believed to be in the State.

Section 17.1211. Arrest without a warrant. A police officer or other person may lawfully make an arrest without a warrant upon reasonable information that an accused stands charged in a jurisdiction with an offense punishable by death or imprisonment for a term exceeding one year. Following arrest the arresting person brings the arrested person before the Court with all practicable speed making a sworn complaint against him, stating the ground for the arrest. The procedures of Section 17.1210 apply to a Court proceeding pursuant to this section.

Section 17.1212. Commitment. If following examination the Court finds a person held pursuant to Sections 17.1210 or 17.1211 is the person charged with the commission of an offense and, except in a matter arising pursuant to Section 17.207, that he has fled from justice, the Court by a warrant reciting the accusation commits him to jail for a period not exceeding forty-five days stated in the warrant as will enable the arrest of the accused pursuant to a warrant of the Governor on the request of an executive, or until lawful discharge.

Section 17.1213. Bail. Unless an offense is punishable by death or life imprisonment, the Court may admit the person arrested to bail by bond or undertaking with sufficient surety, and in a sum as the Court finds proper, conditioned upon his appearance before it at a time specified in the bond or undertaking, and upon his surrender for arrest upon the Governor's warrant. If the arrest of an accused under warrant of the Governor does not occur during the period stated in the warrant, bond, or undertaking, the Court may discharge the arrested person, may recommit him for a further period, or may again take bail for his appearance and surrender, as provided in this section. Upon the expiration of the second period of commitment, or if the accused has complied with bail requirements and appeared according to the terms of a bond or undertaking, the Court may discharge him or require him to enter into a new bond or undertaking for his subsequent appearance and surrender.

Section 17.1214. Forfeiture. If the Court admits an accused to bail and the accused fails to appear and surrender himself according to the condition of his bond, the Court declares the bond forfeited and orders the accused's immediate arrest without warrant if he is in the State. Recovery on a bond in the name of the State is as in the case of bonds or undertakings given by an accused in criminal proceedings in the State.

Section 17.1215. Pending State criminal prosecution. If the Government has begun prosecution for an offense against a person subject to extradition and the prosecution is pending, the Governor may surrender him to an executive or may hold him until completion of the prosecution, and discharge or conviction and punishment in the State.

Section 17.1216. Inquiry. Except to identify the person held as the person charged with an offense, the Governor does not inquire into the guilt or innocence of an accused.

Section 17.1217. Recall; additional warrant. The Governor may recall his warrant of arrest or may issue another warrant if he finds it proper.

Section 17.1218. Fugitive from the State. If the Governor demands from an executive the arrest and delivery of a person charged with an offense or with escaping from confinement or breaking the terms of ball, probation or parole in the State he issues a warrant under State seal to the Attorney General or Chief of Police directing him to receive the person if delivered to him and hold him pending criminal proceedings.

Section 17.1219. Immunity from service. A person brought into the State by or after waiver of extradition based on a criminal charge is not subject to service of personal process in a civil action arising from the facts which are the basis for the charge until conviction of the charge has resulted, or, if acquitted, until he has had ample opportunity to return to the jurisdiction which extradited him.

Section 17.1220. Waiver.

(1) A person arrested in the State and charged with commission of an offense in a jurisdiction or alleged to have escaped from confinement, or broken the terms of bail, probation or parole may waive the issuance and service of a warrant for his arrest provided by Section 17.208 and other procedure incidental to extradition proceedings by executing or subscribing in the presence of the Court a statement that he consents to return to a jurisdiction. A Court commission directs the person having the arrested person in custody to deliver forthwith the person to the duly accredited agent of the jurisdiction and deliver to the agent a copy of the consent. An accused person may voluntarily and without formality return to a jurisdiction. This section does not limit the powers, rights or duties of the officers of a jurisdiction or of the State.

Section 17.1221. State's rights. Nothing in this chapter constitutes a waiver by the Government of a right, power or privilege to try a person for an offense committed in the State, or of a right, power or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for an offense committed in the State. A proceeding pursuant to this chapter which results in, or fails to result in, extradition does not constitute a waiver by the State of a right, privilege or power.

Section 17.1222. Other offense. A person brought back to the State by, or after waiver of, extradition proceeding, is subject to trial in the State for an offense other than the offense which occasioned the proceedings.

Cross-reference:

For offense see Section 13.621.

Chapter 13. Office of the Attorney General

Section 17.1301. Injunction. The Attorney General petitions a court for an enjoining of conduct which violates State or municipal law or regulation, except when he has a conflict of interest arising from his primary responsibility to the Executive.

Section 17.1302. Confiscation. The Attorney General may confiscate and preserve for a court's disposition, or destroy if he finds an immediate danger to the public welfare, matter which a person is using or possessing in violation of law, or the existence of which violates law.

Chapter 14. Inter-government Enforcement

Section 17.1401. National government. The Government enforces national law only pursuant to a written agreement executed by the Governor with the national government on behalf of the Government, and only if the agreement provides that the Government receives fair compensation for its services to the national government.

Section 17.1402. Municipal governments. The Government enforces municipal penal law pursuant to an agreement with a municipal government for the reciprocal enforcement of State and municipal penal law.