2018 -- S 2564 | |
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LC003823 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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Introduced By: Senators Raptakis, Cote, Sosnowski, and Sheehan | |
Date Introduced: March 01, 2018 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws |
2 | in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: |
3 | 31-27-1. Driving so as to endanger, resulting in death. |
4 | (a) When the death of any person ensues as a proximate result of an injury received by |
5 | the operation of any vehicle in reckless disregard of the safety of others, including violations of § |
6 | 31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, |
7 | resulting in death". |
8 | (b) Any person charged with the commission of this offense shall upon conviction be |
9 | imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a |
10 | motor vehicle suspended for no more than five (5) years. |
11 | 31-27-1.1. Driving so as to endanger, resulting in personal injury. |
12 | (a) When the serious bodily injury of any person ensues as a proximate result of the |
13 | operation of any vehicle in reckless disregard of the safety of others, including violations of § 31- |
14 | 27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting |
15 | in serious bodily injury". |
16 | (b) "Serious bodily injury" means physical injury that creates a substantial risk of death |
17 | or causes serious permanent disfigurement or protracted loss or impairment of the function of any |
18 | bodily member or organ. |
19 | (c) Any person charged with a violation of this section shall upon conviction be |
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1 | imprisoned for not more than five (5) ten (10) years and have his or her license to operate a motor |
2 | vehicle suspended for no more than three (3) years. |
3 | 31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. |
4 | (a) When the death of any person other than the operator ensues as a proximate result of |
5 | an injury received by the operation of any vehicle, the operator of which is under the influence of |
6 | any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, |
7 | or any combination of these, the person so operating the vehicle shall be guilty of "driving under |
8 | the influence of liquor or drugs, resulting in death". |
9 | (b) Any person charged with the commission of the offense set forth in subsection (a) of |
10 | this section shall, upon conviction, be punished as follows: |
11 | (1) (i) Every person convicted of a first violation shall be punished by imprisonment in |
12 | the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, |
13 | in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine |
14 | of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) |
15 | twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be |
16 | revoked for a period of five (5) years to ten (10) years. The license privilege shall not be |
17 | reinstated until evidence satisfactory to the administrator of the division of motor vehicles |
18 | establishes that no grounds exist which would authorize the refusal to issue a license, and until |
19 | the person gives proof of financial responsibility pursuant to chapter 32 of this title. |
20 | (ii) In addition, the person convicted may be required to successfully complete alcohol or |
21 | drug treatment in a program of their choice, at their own expense, as authorized by a judge of the |
22 | superior court, and may successfully complete the program before any license to operate a motor |
23 | vehicle is renewed. |
24 | (2) Every person convicted of a second or subsequent violation within a five (5) year |
25 | period in this state or any other state, provided the out-of-state conviction was based on the same |
26 | blood-alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the |
27 | state prison for not less than ten (10) years and for not more than twenty (20) years, in any unit of |
28 | the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less |
29 | than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or |
30 | her license to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, |
31 | the person convicted may be required to successfully complete alcohol or drug treatment, at their |
32 | own expense, in a program established by the director of the department of corrections. The |
33 | license privilege shall not be reinstated whether the convictions occurred in this or any other state |
34 | until evidence satisfactory to the superior court, following a hearing establishes that no grounds |
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1 | exist which would authorize the refusal to issue a license, and until the person gives proof of |
2 | financial responsibility pursuant to chapter 32 of this title. |
3 | 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily |
4 | injury. |
5 | (a) When serious bodily injury of any person other than the operator is caused by the |
6 | operation of any motor vehicle, the operator of which is under the influence of any intoxicating |
7 | liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination |
8 | of these, the person so operating the vehicle shall be guilty of driving under the influence of |
9 | liquor or drugs, resulting in serious bodily injury. |
10 | (b) As used in this section, "serious bodily injury" means physical injury that creates a |
11 | substantial risk of death or causes serious physical disfigurement or protracted loss or impairment |
12 | of the function of any bodily member or organ. |
13 | (c) Any person charged with the commission of the offense set forth in subsection (a) of |
14 | this section shall, upon conviction, be punished by imprisonment for not less than one year and |
15 | for not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars |
16 | ($1,000) nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The |
17 | sentencing judge shall have the discretion to sentence the person to any unit of the adult |
18 | correctional institutions. The license of the person may be revoked for a period of up to two (2) |
19 | three (3) to five (5) years. The license privilege shall not be reinstated until evidence satisfactory |
20 | to the administrator of the division of motor vehicles establishes that no grounds exist which |
21 | would authorize refusal to issue a license and until the person gives proof of financial |
22 | responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be |
23 | required to successfully complete alcohol or drug treatment, at their own expense, in a program |
24 | established by the director of the department of corrections. |
25 | (d) For a second or subsequent conviction under this section within a five (5) year period, |
26 | a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen |
27 | (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten |
28 | thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person |
29 | to any unit of the adult correctional institutions. In addition, the person convicted may be required |
30 | to successfully complete alcohol or drug treatment, at their own expense, in a program established |
31 | by the director of the department of corrections. The license of the person may be revoked for a |
32 | period of up to four (4) years. The license privilege shall not thereafter be reinstated until |
33 | evidence satisfactory to the administrator of the division of motor vehicles establishes that no |
34 | grounds exist which would authorize refusal to issue a license and until the person gives proof of |
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1 | financial responsibility pursuant to chapter 32 of this title. |
2 | SECTION 2. This act shall take effect upon passage. |
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LC003823 | |
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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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1 | This act would increase the penalties for § 31-27-1 ("driving so as to endanger, resulting |
2 | in death") and § 31-27-1.1 ("driving so as to endanger, resulting in personal injury"). This act |
3 | would also repeal the enhancement of penalties for subsequent offenses of § 31-27-2.2 ("driving |
4 | under the influence, resulting in death") and § 31-27-2.6 ("driving under the influence, resulting |
5 | in serious bodily injury") and would replace the enhancement of penalties with an amended single |
6 | range of penalties. |
7 | This act would take effect upon passage. |
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LC003823 | |
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