2015 -- S 0884

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LC002566

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES - THE

TIFFANY SICAL ACT

     Introduced By: Senators Ciccone, Nesselbush, Pichardo, Walaska, and Felag

     Date Introduced: May 06, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-27-2.2 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is 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: not be entitled to bail.

      (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.

      (ii) 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 § 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.

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

this section shall, upon conviction, be punished by life imprisonment in any unit of the adult

correctional institutions in the discretion of the sentencing judge and by a fine of not less than ten

thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000).

     (d) This section shall apply to any and all violations committed on or after July 1, 2015

and any violations committed prior thereto or pending adjudication shall be subject to the prior

provisions set forth in § 31-27-2.2.

     SECTION 2. 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 - THE

TIFFANY SICAL ACT

***

     This act would make driving under the influence of liquor or drugs, resulting in death, a

non-bailable offense subject to life imprisonment and a fine of ten thousand dollars ($10,000) to

twenty thousand dollars ($20,000) for offenses committed on or after July 1, 2015.

     This act would take effect upon passage.

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