2012 -- H 7463

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LC01049

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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 - PASSING, USE OF LANES, AND

RULES OF THE ROAD

     Introduced By: Representatives Tanzi, Handy, Martin, Winfield, and Tomasso

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-15 of the General Laws entitled "Passing, Use of Lanes, and

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Rules of the Road" is hereby amended by adding thereto the following section:

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     31-15-19. Unsafe passing of a vulnerable road user. – (a) This section shall be known

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and may be cited as "Frank's Law".

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     (b) For purposes of this section, "vulnerable road user" means: (1) A pedestrian; (2) A

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bicyclist; (3) A police officer or emergency responder on duty while outside of a vehicle; (4) A

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highway worker performing duties outside a vehicle; (5) A person riding on or driving a

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wheelchair, motorized or not; (6) A person using a skateboard, inline skates, or rollerskates; (7) A

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person riding on or driving an animal.

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     (c) Notwithstanding any other provision of the general or public laws to the contrary, any

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person, while operating a motor vehicle on a street or highway, who fails to exercise due care to

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avoid colliding with a vulnerable road user causing physical injury or death to the vulnerable road

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user shall be guilty of an offense pursuant to this section and shall be sentenced in addition to any

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other applicable criminal or civil statute as follows:

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     (1) To complete a traffic safety training session to be determined by the sentencing judge;

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     (2) To perform not less than ten (10) and not more than two hundred (200) hours of

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community service;

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     (3) A suspension of his or her motor vehicle operator's license for a period of more than

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one year; and

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     (4) A fine of not less than eighty-five dollars ($85.00) and not more than five thousand

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dollars ($5,000).

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     Said fines and/or penalties are in addition to any other applicable criminal or civil

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penalties provided by the general laws.

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     (d) Any person required to perform community service or traffic safety training pursuant

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to this section shall complete such training session and perform such community service within

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one year of the date of sentencing. If the court determines that such person has not successfully

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completed the training session and performed the community service, the court shall grant the

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person an extension for good cause shown, or impose an additional fine of not more than five

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thousand dollars ($5,000) and suspend such person's motor vehicle operator's license for a period

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of not more than one year.

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     SECTION 2. This act shall take effect upon passage.

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LC01049

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - PASSING, USE OF LANES, AND

RULES OF THE ROAD

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     This act would provide a penalty for failing to exercise due care to avoid colliding with a

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vulnerable road user.

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     This act would take effect upon passage.

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LC01049

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