2012 -- H 7207

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THE MEDEIROS/CARPENTER SAFE

DRIVING ACT

     Introduced By: Representatives McLaughlin, Costa, Fellela, Tomasso, and E Coderre

     Date Introduced: January 19, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. This act shall be entitled “The Medeiros/Carpenter Safe Driving Act.”

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     SECTION 2. Sections 31-27-1 and 31-27-1.1 of the General Laws in Chapter 31-27

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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. -- (a) When the death of any

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person ensues as a proximate result of an injury received by the operation of any vehicle in

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reckless disregard of the safety of others, including violations of section sections 31-27-22 and

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31-38-1, the person so operating the vehicle shall be guilty of "driving so as to endanger,

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resulting in 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) years and have his or her license to operate a motor vehicle

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suspended for no more than five (5) years, and shall also be required to provide restitution to the

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estate of the decedent for the injuries caused, including, but not limited to, pain and suffering, in

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an amount not to exceed one million dollars ($1,000,000).

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     (c) For the purposes of this section, in any case where a person charged with the

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commission of this offense is also found to have committed a violation under the provisions of

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chapter 31-8, “Offenses Against Registration and Certificate of Title Laws,” and/or a violation

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under the provisions of chapter 31-32, “Proof of Financial Responsibility for the Future,” such

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violation under chapter 31-8 and/or chapter 31-32 shall create a rebuttable presumption that said

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person was operating the vehicle involved in a reckless manner.

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     31-27-1.1. Driving so as to endanger, resulting in personal injury. -- (a) When the

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serious bodily injury of any person ensues as a proximate result of the operation of any vehicle in

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reckless disregard of the safety of others, including violations of section sections 31-27-22 and

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31-38-1, the person so operating the vehicle shall be guilty of "driving so as to endanger,

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resulting in serious bodily injury".

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      (b) "Serious bodily injury" means physical injury that creates a substantial risk of death

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or 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

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

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suspended for no more than three (3) years, and shall also be required to provide restitution to the

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person so injured for the injuries caused, including, but not limited to, pain and suffering, in an

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amount not to exceed one million dollars ($1,000,000).

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     (c) For the purposes of this section, in any case where a person charged with the

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commission of this offense is also found to have committed a violation under the provisions of

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chapter 31-8, “Offenses Against Registration and Certificate of Title Laws,” and/or a violation

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under the provisions of chapter 31-32, “Proof of Financial Responsibility for the Future,” such

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violation under chapter 31-8 and/or chapter 31-32 shall create a rebuttable presumption that said

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person was operating the vehicle involved in a reckless manner.

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     SECTION 3. This act shall take effect upon passage.

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LC00651

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THE MEDEIROS/CARPENTER SAFE

DRIVING ACT

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     This act would create the “Medeiros/Carpenter Safe Driving Act” which would enable

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the court to consider whether an operator was driving an unsafe motor vehicle when determining

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if he/she was driving so as to endanger, resulting in death or serious bodily injury.

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     This act would take effect upon passage

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