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2012 -- H 7501 | |
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LC01381 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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Introduced By: Representative Cale P. Keable | |
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Date Introduced: February 09, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is |
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hereby amended by adding thereto the following section: |
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31-27-1.3. Homicide by motor vehicle. – (a) Any person who, without malice |
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aforethought, causes the death of another person through the violation of any violation or offense |
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set forth in section 31-41.1-4 and which is a moving motor vehicle violation and/or directly |
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involves a moving motor vehicle commits the offense of homicide by motor vehicle in the first |
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degree when such violation is the cause of said death and, upon conviction thereof, shall be |
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punished by imprisonment for not less than three (3) years nor more than fifteen (15) years, and a |
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fine of not more than ten thousand dollars ($10,000). |
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(b ) Any person who causes the death of another person, without an intention to do so, by |
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violating any traffic violation or offense set forth in section 31-41.1-4 which violation or offense |
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is not a moving motor vehicle violation and/or does not directly involve a moving motor vehicle |
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commits the offense of homicide by motor vehicle in the second degree when such violation is |
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the cause of said death and, upon conviction thereof, shall be punished by imprisonment for not |
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more than one year, and a fine of not more than one thousand dollars ($1,000). |
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(c) Any person who, after being declared a habitual offender as determined under the |
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provisions of chapter 31-40 ("Habitual Offenders") and while such person's license is in |
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revocation or otherwise withheld during the period during such periods as provided in sections |
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31-40-6 and/or 31-40-7, causes the death of another person, without malice aforethought, by |
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operation of a motor vehicle, commits the offense of homicide by motor vehicle in the first |
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degree and, upon conviction thereof, shall be punished by imprisonment for not less than five (5) |
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years, nor more than twenty (20) years. Adjudication of guilt or imposition of such sentence for a |
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person so convicted may be suspended, probated, deferred, or withheld, but only after such |
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person shall have served at least three (3) years in incarceration, which may not be served or |
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included as home confinement. |
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(d) As used herein, the term "motor vehicle" shall have the same meaning and definition |
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as set forth in chapter 31-1 ("Definitions and General Code Provisions"). |
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SECTION 2. This act shall take effect upon passage. |
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LC01381 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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This act would establish the crime of homicide by motor vehicle for motor vehicle |
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violations that cause the death of another person. The crime may be a felony or a misdemeanor, |
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depending upon the nature of the motor vehicle violation. |
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This act would take effect upon passage. |
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LC01381 | |
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