2014 -- S 2098

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LC003392

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     Introduced By: Senators Raptakis, Lombardi, McCaffrey, Jabour, and Walaska

     Date Introduced: January 21, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-27-2.2 and 31-27-2.6 of the General Laws in Chapter 31-27

entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

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

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

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

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

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

influence of liquor or drugs, resulting in death".

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

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

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

the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit

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

than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her

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

privilege shall not be reinstated until evidence satisfactory to the administrator of the division of

motor vehicles establishes that no grounds exist which would authorize the refusal to issue a

license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this

title. by imprisonment in the state prison for not less than five (5) years nor more than thirty (30)

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

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

($20,000) and his or her license to operate a motor vehicle shall be revoked for a period of five

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

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

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

pursuant to chapter 32 of this title.

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

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

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

motor vehicle is renewed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

liquor or drugs, resulting in serious bodily injury.

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

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

of the function of any bodily member or organ.

      (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

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

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

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

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

years. The license privilege shall not be reinstated until evidence satisfactory to the administrator

of the division of motor vehicles establishes that no grounds exist which would authorize refusal

to issue a license and until the person gives proof of financial responsibility pursuant to chapter

32 of this title. In addition, the person convicted may be required to successfully complete alcohol

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

department of corrections.

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

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

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

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

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

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

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

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

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

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

financial responsibility pursuant to chapter 32 of this title.

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

hereby amended by adding thereto the following section:

     31-27-2.9. Driving under the influence of liquor or drugs, resulting in personal

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

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

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

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

liquor or drugs, resulting in personal injury.

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

imprisoned for not more than two (2) years and have his or her license to operate a motor 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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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 penalties for those convicted of driving under the influence,

resulting in death and driving under the influence, resulting in serious bodily injury.

     This act would take effect upon passage.

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