2023 -- H 5213

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     

     Introduced By: Representatives Serpa, Noret, and Ackerman

     Date Introduced: January 19, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws

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in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

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

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

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

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

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death”.

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

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

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

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

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

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

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

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serious bodily injury”.

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     (b) “Serious bodily injury” means physical injury that creates a substantial risk of death or

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

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bodily member or organ.

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

 

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

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suspended for no more than three (3) years.

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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 an

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

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

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combination of these, the person so operating the vehicle shall be guilty of “driving under the

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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 By imprisonment in

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

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in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine

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of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) 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) to ten (10) years. The license privilege shall not be reinstated until evidence

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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist

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

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responsibility pursuant to chapter 32 of this title.

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     (ii)(2) In addition, the person convicted may be required to successfully complete alcohol

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

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

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motor vehicle is renewed.

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

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

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alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison

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for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult

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

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thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license

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to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person

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convicted may be required to successfully complete alcohol or drug treatment, at their own expense,

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in a program established by the director of the department of corrections. The license privilege shall

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not be reinstated whether the convictions occurred in this or any other state until evidence

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satisfactory to the superior court, following a hearing 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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     31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily

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injury.

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     (a) When serious bodily injury of any person other than the operator is caused by the

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operation of any motor vehicle, the operator of which is under the influence of any intoxicating

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

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of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor

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or drugs, resulting in serious bodily injury.

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     (b) As used in this section, “serious bodily injury” means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     (c) 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 by imprisonment for not less than one year and for

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not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars ($1,000)

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nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The sentencing judge

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shall have the discretion to sentence the person to any unit of the adult correctional institutions.

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The license of the person may be revoked for a period of up to two (2) three (3) to five (5) years.

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The license privilege shall not be reinstated until evidence satisfactory to the administrator of the

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division of motor vehicles establishes that no grounds exist which would authorize refusal to issue

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

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title. In addition, the person convicted may be required to successfully complete alcohol or drug

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treatment, at their own expense, in a program established by the director of the department of

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corrections.

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     (d) For a second or subsequent conviction under this section within a five (5) year period,

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a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen

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(15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand

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dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit

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of the adult correctional institutions. In addition, the person convicted may be required to

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

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the director of the department of corrections. The license of the person may be revoked for a period

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of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence

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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist

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which would authorize refusal to issue a license and until the person gives proof of financial

 

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responsibility pursuant to chapter 32 of this 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 sentences, fines or both for § 31-27-1 ("driving so as to

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

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injury"). This act would also repeal the enhancement of the punishments for subsequent offenses

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of § 31-27-2.2 ("driving under the influence, resulting in death") and § 31-27-2.6 ("driving under

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the influence, resulting in serious bodily injury") and would replace the enhancement of

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punishments with an amended single range of sentences, fines or both.

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     This act would take effect upon passage.

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