|
2013 -- S 0560 | |
|
======= | |
|
LC01005 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2013 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
|
|
|
|
|
|
|
Introduced By: Senators DiPalma, Ottiano, Sosnowski, and Archambault | |
|
Date Introduced: February 28, 2013 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor |
|
1-2 |
Vehicle Offenses" is hereby amended to read as follows: |
|
1-3 |
31-27-2.7. Driving while impaired. -- (a) A person under the age of twenty-one (21) but |
|
1-4 |
at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the |
|
1-5 |
request of a law enforcement officer who believes the person to be driving under the influence of |
|
1-6 |
alcohol, shall be determined to have been driving while impaired if the test determines the |
|
1-7 |
person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less |
|
1-8 |
than |
|
1-9 |
(b) Should, after a hearing in district court, it be determined that: the results of the test |
|
1-10 |
are admissible in that it meets all of the conditions, as set forth in section 31-27-2; and the person |
|
1-11 |
has been afforded his or her rights as set forth in section 31-27-2; then the judge shall order as |
|
1-12 |
follows: |
|
1-13 |
(1) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of |
|
1-14 |
community restitution. The fine shall be deposited in the general fund. |
|
1-15 |
(2) The person's driving license shall be suspended for not less than one nor more than |
|
1-16 |
three (3) months on a first violation, provided the person also shall attend a special course in |
|
1-17 |
driving while intoxicated and provided that the person shall also attend an alcohol and/or drug |
|
1-18 |
treatment program if ordered by the district court judge. Failure or refusal of the person to attend |
|
1-19 |
the course and/or alcohol or drug treatment program shall result in the person's driving license |
|
1-20 |
being suspended until such time as the course and/or treatment program has been completed. |
|
2-1 |
(3) On a second and subsequent violation of the section, the person shall be fined not |
|
2-2 |
more than two hundred and fifty dollars ($250) together with a highway safety assessment of |
|
2-3 |
three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community |
|
2-4 |
restitution. The person's driving license shall be suspended for not less than three (3) months nor |
|
2-5 |
more than six (6) months. The sentencing judge shall also require the person to attend a special |
|
2-6 |
course in driving while intoxicated and also attend an alcohol and/or drug treatment program. |
|
2-7 |
(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug |
|
2-8 |
treatment programs under this section can be suspended, shortened, altered, or changed. |
|
2-9 |
(d) Any violation of the section shall not be considered a criminal offense. |
|
2-10 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01005 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
|
*** | |
|
3-1 |
This act would decrease the maximum blood alcohol concentration for a person eighteen |
|
3-2 |
(18) years to twenty (20) years when charged for driving while impaired from less than one-tenth |
|
3-3 |
of one percent (.1%) to less than eight one-hundredths of one percent (.08%) by weight. |
|
3-4 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01005 | |
|
======= |