2012 -- H 7178

=======

LC00123

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     

     

     Introduced By: Representatives Walsh, Hearn, Edwards, and Martin

     Date Introduced: January 18, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws

1-2

in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

1-3

     31-27-1. Driving so as to endanger, resulting in death. -- (a) When the death of any

1-4

person ensues as a proximate result of an injury received by the operation of any vehicle in

1-5

reckless disregard of the safety of others, including violations of section 31-27-22, the person so

1-6

operating the vehicle shall be guilty of "driving so as to endanger, resulting in death".

1-7

      (b) Any person charged with the commission of this offense shall upon conviction be

1-8

imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a

1-9

motor vehicle suspended for no more than five (5) years.

1-10

     31-27-1.1. Driving so as to endanger, resulting in personal injury. -- (a) When the

1-11

serious bodily injury of any person ensues as a proximate result of the operation of any vehicle in

1-12

reckless disregard of the safety of others, including violations of section 31-27-22, the person so

1-13

operating the vehicle shall be guilty of "driving so as to endanger, resulting in serious bodily

1-14

injury".

1-15

      (b) "Serious bodily injury" means physical injury that creates a substantial risk of death

1-16

or causes serious permanent disfigurement or protracted loss or impairment of the function of any

1-17

bodily member or organ.

1-18

      (c) Any person charged with a violation of this section shall upon conviction be

1-19

imprisoned for not more than five (5) ten (10) years and have his or her license to operate a motor

1-20

vehicle suspended for no more than three (3) years.

2-1

     31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. -- (a)

2-2

When the death of any person other than the operator ensues as a proximate result of an injury

2-3

received by the operation of any vehicle, the operator of which is under the influence of any

2-4

intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or

2-5

any combination of these, the person so operating the vehicle shall be guilty of "driving under the

2-6

influence of liquor or drugs, resulting in death".

2-7

      (b) Any person charged with the commission of the offense set forth in subsection (a) of

2-8

this section shall, upon conviction, be punished as follows:

2-9

      (1) (i) Every person convicted of a first violation shall be punished by imprisonment in

2-10

the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30)

2-11

years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by

2-12

a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000)

2-13

twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be

2-14

revoked for a period of five (5) years to ten (10) years. The license privilege shall not be

2-15

reinstated until evidence satisfactory to the administrator of the division of motor vehicles

2-16

establishes that no grounds exist which would authorize the refusal to issue a license, and until

2-17

the person gives proof of financial responsibility pursuant to chapter 32 of this title.

2-18

      (ii) In addition, the person convicted may be required to successfully complete alcohol or

2-19

drug treatment in a program of their choice, at their own expense, as authorized by a judge of the

2-20

superior court, and may successfully complete the program before any license to operate a motor

2-21

vehicle is renewed.

2-22

      (2) Every person convicted of a second or subsequent violation within a five (5) year

2-23

period in this state or any other state, provided the out-of-state conviction was based on the same

2-24

blood-alcohol concentration as set forth in section 31-27-2 shall be punished by imprisonment in

2-25

the state prison for not less than ten (10) years and for not more than twenty (20) years, in any

2-26

unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not

2-27

less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his

2-28

or her license to operate a motor vehicle shall be revoked for a period of five (5) years. In

2-29

addition, the person convicted may be required to successfully complete alcohol or drug

2-30

treatment, at their own expense, in a program established by the director of the department of

2-31

corrections. The license privilege shall not be reinstated whether the convictions occurred in this

2-32

or any other state until evidence satisfactory to the superior court, following a hearing establishes

2-33

that no grounds exist which would authorize the refusal to issue a license, and until the person

2-34

gives proof of financial responsibility pursuant to chapter 32 of this title.

3-1

     31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily

3-2

injury. -- (a) When serious bodily injury of any person other than the operator is caused by the

3-3

operation of any motor vehicle, the operator of which is under the influence of any intoxicating

3-4

liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination

3-5

of these, the person so operating the vehicle shall be guilty of driving under the influence of

3-6

liquor or drugs, resulting in serious bodily injury.

3-7

      (b) As used in this section, "serious bodily injury" means physical injury that creates a

3-8

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

3-9

of the function of any bodily member or organ.

3-10

      (c) Any person charged with the commission of the offense set forth in subsection (a) of

3-11

this section shall, upon conviction, be punished by imprisonment for not less than one year and

3-12

for not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars

3-13

($1,000) nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The

3-14

sentencing judge shall have the discretion to sentence the person to any unit of the adult

3-15

correctional institutions. The license of the person may be revoked for a period of up to two (2)

3-16

three (3) to five (5) years. The license privilege shall not be reinstated until evidence satisfactory

3-17

to the administrator of the division of motor vehicles establishes that no grounds exist which

3-18

would authorize refusal to issue a license and until the person gives proof of financial

3-19

responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be

3-20

required to successfully complete alcohol or drug treatment, at their own expense, in a program

3-21

established by the director of the department of corrections.

3-22

      (d) For a second or subsequent conviction under this section within a five (5) year

3-23

period, a person shall be punished by imprisonment for not less than two (2) years nor more than

3-24

fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten

3-25

thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person

3-26

to any unit of the adult correctional institutions. In addition, the person convicted may be required

3-27

to successfully complete alcohol or drug treatment, at their own expense, in a program established

3-28

by the director of the department of corrections. The license of the person may be revoked for a

3-29

period of up to four (4) years. The license privilege shall not thereafter be reinstated until

3-30

evidence satisfactory to the administrator of the division of motor vehicles establishes that no

3-31

grounds exist which would authorize refusal to issue a license and until the person gives proof of

3-32

financial responsibility pursuant to chapter 32 of this title.

3-33

     SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is

3-34

hereby amended by adding thereto the following section:

4-1

     31-27-2.10. Driving under the influence of liquor or drugs, resulting in personal

4-2

injury. – (a) When the personal injury of any person other than the operator is caused by the

4-3

operation of any motor vehicle, the operator of which is under the influence of any intoxicating

4-4

liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination

4-5

of these, the person so operating the vehicle shall be guilty of driving under the influence of

4-6

liquor or drugs, resulting in personal injury.

4-7

     (b) Any person charged with a violation of this section shall, upon conviction, be

4-8

imprisoned for not more than three (3) years and have his or her license to operate a motor

4-9

vehicle suspended for not more than one year.

4-10

     SECTION 3. This act shall take effect upon passage.

     

=======

LC00123

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

***

5-1

     This act would increase the imprisonment penalties for section 31-27-1, driving so as to

5-2

endanger, resulting in death, and section 31-27-1.1, driving so as to endanger, resulting in

5-3

personal injury. This act would also repeal the enhancement of penalties for subsequent offenses

5-4

of section 31-27-2.2, driving under the influence, death resulting and section 31-27-2.6, driving

5-5

under the influence resulting in serious bodily injury, and would replace the enhancement of

5-6

penalties with an amended single range of penalties that include longer sentences and higher

5-7

fines. This act would also create a new criminal offense of “driving under the influence resulting

5-8

in personal injury.”

5-9

     This act would take effect upon passage.

     

=======

LC00123

=======

H7178