2017 -- H 5312

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LC000726

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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 Johnston, and Canario

     Date Introduced: February 01, 2017

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-27-1, 31-27-1.1, 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:

     31-27-1. Driving so as to endanger, resulting in death.

     (a) When the death of any person ensues as a proximate result of an injury received by

the operation of any vehicle in reckless disregard of the safety of others, including violations of §

31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger,

resulting in death".

     (b) Any person charged with the commission of this offense shall upon conviction be

imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a

motor vehicle suspended for no more than five (5) years.

     31-27-1.1. Driving so as to endanger, resulting in personal injury. Driving so as to

endanger, resulting in serious bodily injury.

     (a) When the serious bodily injury of any person ensues as a proximate result of the

operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-

27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting

in serious bodily injury".

     (b) "Serious bodily injury" means physical injury that creates a substantial risk of death

or causes serious permanent disfigurement or protracted loss or impairment of the function of any

bodily member or organ.

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

imprisoned for not more than five (5) ten (10) years and have his or her license to operate a motor

vehicle suspended for no more than three (3) years.

     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 By imprisonment

in the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30)

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)

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

revoked for a period of five (5) to ten (10) 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

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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

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)

three (3) to 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 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

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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. 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 §31-27-1 ("driving so as to endanger, resulting

in death") and §31-27-1.1 ("driving so as to endanger, resulting in personal injury"). This act

would also repeal the enhancement of penalties for subsequent offenses of §31-27-2.2 ("driving

under the influence, resulting in death") and §31-27-2.6 ("driving under the influence, resulting in

serious bodily injury") and would replace the enhancement of penalties with a single range of

penalties.

     This act would take effect upon passage.

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