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2012 -- H 7498 | |
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LC01399 | |
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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 - MOTOR VEHICLE OFFENSES | |
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Introduced By: Representatives MacBeth, Menard, McLaughlin, Phillips, and Dickinson | |
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Date Introduced: February 09, 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. 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. Test for impairment or intoxication - Right to use reasonable force. – If |
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a law enforcement officer has reasonable suspicion that a person operated a vehicle which vehicle |
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was involved in an accident resulting in the death or serious bodily injury of another human |
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being, the law enforcement officer shall require the person to submit to a test of the person's |
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bodily fluid for the purpose of determining the alcoholic content thereof and for the presence of |
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any other potentially impairing substance. The law enforcement officer may use reasonable force |
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if necessary to require the person to submit to the administration of the bodily fluid test. The |
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bodily fluid test shall be performed in a reasonable manner. The testing required pursuant to this |
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section need not be incidental to a lawful arrest of the person. |
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SECTION 2. This act shall take effect upon passage. |
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LC01399 | |
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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 - MOTOR VEHICLE OFFENSES | |
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This act would permit law enforcement officers who have reasonable suspicion that a |
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person who operated a vehicle, which vehicle was involved in an accident resulting in the death |
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or serious bodily injury of another human being, to use reasonable force in requiring the person to |
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submit to a test of bodily fluids. This act would also permit the law enforcement officer to use |
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reasonable force if necessary to require the person to submit to the test. |
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This act would take effect upon passage. |
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