2012 -- H 7178

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LC00123

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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injury".

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

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

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bodily member or organ.

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

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

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

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

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

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

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

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

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influence of liquor or drugs, resulting in death".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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vehicle is renewed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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liquor or drugs, resulting in serious bodily injury.

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

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

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of the function of any bodily member or organ.

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

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

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

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

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

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

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

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

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

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

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

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established by the director of the department of corrections.

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

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

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

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

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

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

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

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

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

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

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financial responsibility pursuant to chapter 32 of this title.

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

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hereby amended by adding thereto the following section:

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

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

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

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

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

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liquor or drugs, resulting in personal injury.

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

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

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vehicle suspended for not more than one year.

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     SECTION 3. This act shall take effect upon passage.

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LC00123

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

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

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

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

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

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

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

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

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in personal injury.”

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     This act would take effect upon passage.

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LC00123

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