2017 -- H 5259

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LC000707

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     

     Introduced By: Representatives Canario, Nardolillo, Edwards, Johnston, and
McLaughlin

     Date Introduced: January 27, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-27-2.2 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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     31-27-2.2. Driving under the influence of liquor or drugs, resulting in death.

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     (a) When the death of any person other than the operator ensues as a proximate result of

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

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

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

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the influence of liquor or drugs, resulting in death".

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     (b) 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 as follows:

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

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the state prison for not less than five (5) years and for not more than fifteen (15) years may be

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imprisoned for life, in any unit of the adult correctional institutions in the discretion of the

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sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten

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thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a

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

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

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

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pursuant to chapter 32 of this title.

 

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

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

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

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vehicle is renewed.

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

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

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

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state prison for not less than ten (10) years and for not more than twenty (20) years may be

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imprisoned for life, in any unit of the adult correctional institutions in the discretion of the

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sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor more than twenty

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

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period of five (5) years. In addition, the person convicted may be required to successfully

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

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of the department of corrections. The license privilege shall not be reinstated whether the

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convictions occurred in this or any other state until evidence satisfactory to the superior court,

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following a hearing establishes that no grounds exist which would authorize the refusal to issue a

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

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title.

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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 maximum penalties for driving while under the influence of

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liquor or drugs, resulting in death, from five (5) years for a first offense, and from not less than

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ten (10) years nor more than twenty (20) years for a second subsequent offense, to life

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imprisonment.

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     This act would take effect upon passage.

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LC000707

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