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2012 -- H 7207 | |
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LC00651 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- THE MEDEIROS/CARPENTER SAFE | |
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DRIVING ACT | |
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Introduced By: Representatives McLaughlin, Costa, Fellela, Tomasso, and E Coderre | |
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Date Introduced: January 19, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. This act shall be entitled “The Medeiros/Carpenter Safe Driving Act.” |
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SECTION 2. Sections 31-27-1 and 31-27-1.1 of the General Laws in Chapter 31-27 |
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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 |
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31-38-1, the person so operating the vehicle shall be guilty of "driving so as to endanger, |
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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) years and have his or her license to operate a motor vehicle |
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suspended for no more than five (5) years, and shall also be required to provide restitution to the |
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estate of the decedent for the injuries caused, including, but not limited to, pain and suffering, in |
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an amount not to exceed one million dollars ($1,000,000). |
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(c) For the purposes of this section, in any case where a person charged with the |
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commission of this offense is also found to have committed a violation under the provisions of |
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chapter 31-8, “Offenses Against Registration and Certificate of Title Laws,” and/or a violation |
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under the provisions of chapter 31-32, “Proof of Financial Responsibility for the Future,” such |
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violation under chapter 31-8 and/or chapter 31-32 shall create a rebuttable presumption that said |
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person was operating the vehicle involved in a reckless manner. |
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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 |
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31-38-1, the person so operating the vehicle shall be guilty of "driving so as to endanger, |
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resulting in serious bodily 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) years and have his or her license to operate a motor vehicle |
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suspended for no more than three (3) years, and shall also be required to provide restitution to the |
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person so injured for the injuries caused, including, but not limited to, pain and suffering, in an |
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amount not to exceed one million dollars ($1,000,000). |
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(c) For the purposes of this section, in any case where a person charged with the |
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commission of this offense is also found to have committed a violation under the provisions of |
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chapter 31-8, “Offenses Against Registration and Certificate of Title Laws,” and/or a violation |
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under the provisions of chapter 31-32, “Proof of Financial Responsibility for the Future,” such |
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violation under chapter 31-8 and/or chapter 31-32 shall create a rebuttable presumption that said |
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person was operating the vehicle involved in a reckless manner. |
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SECTION 3. This act shall take effect upon passage. |
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LC00651 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- THE MEDEIROS/CARPENTER SAFE | |
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DRIVING ACT | |
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*** | |
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This act would create the “Medeiros/Carpenter Safe Driving Act” which would enable |
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the court to consider whether an operator was driving an unsafe motor vehicle when determining |
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if he/she was driving so as to endanger, resulting in death or serious bodily injury. |
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This act would take effect upon passage |
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LC00651 | |
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