Chapter
193
2007 -- H 6014 SUBSTITUTE A
Enacted 07/02/07
A N A C T
RELATING TO MOTOR AND
OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
Introduced By: Representatives Gallison, Gablinske, Malik, Rose, and Kilmartin
Date
Introduced: March 01, 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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LC01753/SUB A
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