Chapter 121

2007 -- S 0783 SUBSTITUTE B

Enacted 06/27/07

 

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

          

     Introduced By: Senators Felag, and Bates

     Date Introduced: February 28, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is

hereby amended by adding thereto the following sections:

 

     31-27-22. Street racing - Justin Nunes' Law. This act shall be known and may be

cited as "Justin Nunes' Law".

     (a) For the purpose of this section, "street racing" means the act of two (2) or more

individuals competing or racing in a situation in which one of the motor vehicles is beside or to

the rear of a motor vehicle operated by a competing driver and one driver attempts to prevent the

competing driver from passing or overtaking him or her, or one or more individuals competing in

a race against time.

     (b) It shall be unlawful to engage in street racing on any public road, street or highway of

this state, whether or not there is a formal agreement to race.

     (1) Every person convicted of a first violation of this section shall be guilty of a

misdemeanor and be subject to imprisonment for not more than one year, a fine of not less than

five hundred dollars ($500) nor more than one thousand dollars ($1,000) and be required to

perform ten (10) to sixty (60) hours of public community restitution. The person's license to

operate a motor vehicle shall be suspended for a period of not less than ninety (90) days nor more

than six (6) months.

     (2) Every person convicted of a second violation within a five (5) year period, shall be

guilty of a felony and be subject to imprisonment for not more than two (2) years, a fine of not

less than one thousand dollars ($1,000) and be required to perform sixty (60) to one hundred

(100) hours of public community restitution. The person's license to operate a motor vehicle shall

be suspended for no less than six (6) months nor more than two (2) years.

     (3) Every person convicted of a third (3rd) or subsequent violation within a five (5) year

period, shall be guilty of a felony and be subject to imprisonment for not more than five (5) years,

a fine of two thousand five hundred dollars ($2,500) and required to perform not less than one

hundred (100) hours of public community restitution. The person's license to operate a motor

vehicle shall be suspended for no less than one year nor more than five (5) years.

     (c) Any person found in violation of subsection 31-27-22(b) while having one or more

passengers in their motor vehicle shall be subject to imprisonment of not more than five (5) years,

and a fine of not more than five thousand dollars ($5,000) and be required to perform no more

than one hundred (100) hours of public community restitution. The person's license to operate a

motor vehicle shall be suspended for no less than one year. This enhanced sentence is to be

served in addition and consecutively to the sentence provided for the underlying offense.

     (d) If a person is found in violation of subsection 31-27-22(b) and the vehicle used in the

violation is registered to that person or where the registrant permits the use of the vehicle, the

vehicle may be impounded at the registered owner's expense for not less than one day or more

than thirty (30) days.

 

     31-27-1.2. Driving so as to endanger, resulting in physical injury. (a) When the

physical 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 section 31-27-22, the person so

operating the vehicle shall be guilty of "driving so as to endanger, resulting in physical injury".

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

imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle

be suspended for no more than one year.

 

     SECTION 2. Sections 31-27-1, 31-27-1.1 and 31-27-4 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 section 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) 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. -- (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 section 31-27-22, the person so

operating the vehicle shall be guilty of "driving so as to endanger, resulting in personal 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) years. and have his or her license to operate a motor vehicle

suspended for no more than three (3) years.

 

     31-27-4. Reckless driving and other offenses against public safety. -- (a) Any person

who operates a motor vehicle recklessly so that the lives or safety of the public might be

endangered, or participates in drag racing, or operates a vehicle in an attempt to elude or flee

from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction

and a felony for the second and each subsequent conviction.

     (b) For the purpose of this title, "drag racing" means the act of two (2) or more

individuals competing or racing in a situation in which one of the motor vehicles is beside or to

the rear of a motor vehicle operated by a competing driver and one driver attempts to prevent the

competing driver from passing or overtaking him or her, or one or more individuals competing in

a race against time unless the race is authorized by the owner of the property upon which the race

takes place.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01265/SUB B

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