2013 -- S 0417

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Senators E O`Neill, Bates, Hodgson, Cote, and Kettle

     Date Introduced: February 26, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-27-1 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is 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 31-27-22, the person so

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operating the vehicle shall be guilty of "driving so as to endanger, 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.

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     (c) In any prosecution under this section, the fact that the operator was engaged in

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sending or receiving text messages at the time of or immediately prior to such injury shall

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constitute prima facie evidence that the operator was operating the vehicle in reckless disregard of

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the safety of others.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

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     This act would make texting while driving prima facie evidence of reckless disregard in

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any prosecution for driving so as to endanger, resulting in death.

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     This act would take effect upon passage.

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LC00525

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