2016 -- H 7394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     

     Introduced By: Representatives Nardolillo, Johnston, Hull, Jacquard, and Canario

     Date Introduced: January 28, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-27-4.1 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is hereby amended to read as follows:

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     31-27-4.1. Eluding a law enforcement officer with a motor vehicle in a high speed

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pursuit. -- Any person who in an attempt to elude or flee from a police officer in an emergency

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police vehicle in a high speed pursuit of the person, operates a motor vehicle at speeds greater

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than fifteen (15) miles per hour over the speed limit, or who causes property damage only in

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excess of one thousand dollars ($1,000): shall upon conviction be guilty of a felony and shall be

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imprisoned for no more than five (5) years incarceration at the adult correction institutions (ACI),

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and/or be subject to a fine of not less than five thousand dollars ($5,000) but not more than ten

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thousand dollars ($10,000), and may have their license suspended for not less than one year but

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not more than two (2) years, and may be subject to the forfeiture of the motor vehicle.

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      (1) For the first conviction, may be subject to the following sanctions:

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      (i) Up to one year incarceration at the adult correction institutions (A.C.I.) and a fine of

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five hundred dollars ($500) but not more than one thousand dollars ($1,000);

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      (ii) License suspension of not less than ninety (90) days but not more than six (6) months

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and forfeiture of the motor vehicle.

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      (2) For a second or subsequent conviction, the person shall:

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      (i) Be sentenced to two (2) years at the A.C.I., but not more than five (5) years;

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      (ii) Be fined a fine of two thousand dollars ($2,000) but not more than five thousand

 

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dollars ($5,000);

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      (iii) Receive a license suspension of not less than one year but not more than five (5)

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years; and

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      (iv) Forfeit the motor vehicle.

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     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

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     This act would increase the penalty for anyone found guilty of reckless driving while

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eluding a police officer to a felony punishable by up to five (5) years imprisonment and may be

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subjected to a fine of between five thousand dollars ($5,000) and ten thousand dollars ($10,000),

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a loss of license from one to two (2) years, and a possible forfeiture their motor vehicle.

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     This act would take effect upon passage.

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