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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