2024 -- S 2024 | |
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LC003376 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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Introduced By: Senators Tikoian, Raptakis, Burke, Sosnowski, F. Lombardi, Felag, | |
Date Introduced: January 10, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws |
2 | in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: |
3 | 31-27-1. Driving so as to endanger, resulting in death. |
4 | (a) When the death of any person ensues as a proximate result of an injury received by the |
5 | operation of any vehicle in reckless disregard of the safety of others, including violations of § 31- |
6 | 27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in |
7 | death”. |
8 | (b) Any person charged with the commission of this offense shall upon conviction be |
9 | imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a |
10 | motor vehicle suspended for no more than five (5) years. |
11 | 31-27-1.1. Driving so as to endanger, resulting in serious personal injury. |
12 | (a) When the serious bodily injury of any person ensues as a proximate result of the |
13 | operation of any vehicle in reckless disregard of the safety of others, including violations of § 31- |
14 | 27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in |
15 | serious bodily injury”. |
16 | (b) “Serious bodily injury” means physical injury that creates a substantial risk of death or |
17 | causes serious permanent disfigurement or protracted loss or impairment of the function of any |
18 | bodily member or organ. |
19 | (c) Any person charged with a violation of this section shall upon conviction be imprisoned |
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1 | for not more than five (5) ten (10) years and have his or her license to operate a motor vehicle |
2 | suspended for no more than three (3) years. |
3 | 31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. |
4 | (a) When the death of any person other than the operator ensues as a proximate result of an |
5 | injury received by the operation of any vehicle, the operator of which is under the influence of any |
6 | intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any |
7 | combination of these, the person so operating the vehicle shall be guilty of “driving under the |
8 | influence of liquor or drugs, resulting in death”. |
9 | (b) Any person charged with the commission of the offense set forth in subsection (a) of |
10 | this section shall, upon conviction, be punished as follows: |
11 | (1)(i) Every person convicted of a first violation shall be punished by By imprisonment in |
12 | the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, |
13 | in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine |
14 | of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) twenty |
15 | thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a |
16 | period of five (5) to ten (10) years. The license privilege shall not be reinstated until evidence |
17 | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist |
18 | which would authorize the refusal to issue a license, and until the person gives proof of financial |
19 | responsibility pursuant to chapter 32 of this title. |
20 | (ii)(2) In addition, the person convicted may be required to successfully complete alcohol |
21 | or drug treatment in a program of their choice, at their own expense, as authorized by a judge of |
22 | the superior court, and may successfully complete the program before any license to operate a |
23 | motor vehicle is renewed. |
24 | (2) Every person convicted of a second or subsequent violation within a five (5) year period |
25 | in this state or any other state, provided the out-of-state conviction was based on the same blood- |
26 | alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison |
27 | for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult |
28 | correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten |
29 | thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license |
30 | to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person |
31 | convicted may be required to successfully complete alcohol or drug treatment, at their own expense, |
32 | in a program established by the director of the department of corrections. The license privilege shall |
33 | not be reinstated whether the convictions occurred in this or any other state until evidence |
34 | satisfactory to the superior court, following a hearing establishes that no grounds exist which would |
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1 | authorize the refusal to issue a license, and until the person gives proof of financial responsibility |
2 | pursuant to chapter 32 of this title. |
3 | 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily |
4 | injury. |
5 | (a) When serious bodily injury of any person other than the operator is caused by the |
6 | operation of any motor vehicle, the operator of which is under the influence of any intoxicating |
7 | liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination |
8 | of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor |
9 | or drugs, resulting in serious bodily injury. |
10 | (b) As used in this section, “serious bodily injury” means physical injury that creates a |
11 | substantial risk of death or causes serious physical disfigurement or protracted loss or impairment |
12 | of the function of any bodily member or organ. |
13 | (c) Any person charged with the commission of the offense set forth in subsection (a) of |
14 | this section shall, upon conviction, be punished by imprisonment for not less than one year and for |
15 | not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars ($1,000) |
16 | nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The sentencing judge |
17 | shall have the discretion to sentence the person to any unit of the adult correctional institutions. |
18 | The license of the person may be revoked for a period of up to two (2) three (3) to five (5) years. |
19 | The license privilege shall not be reinstated until evidence satisfactory to the administrator of the |
20 | division of motor vehicles establishes that no grounds exist which would authorize refusal to issue |
21 | a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this |
22 | title. In addition, the person convicted may be required to successfully complete alcohol or drug |
23 | treatment, at their own expense, in a program established by the director of the department of |
24 | corrections. |
25 | (d) For a second or subsequent conviction under this section within a five (5) year period, |
26 | a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen |
27 | (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand |
28 | dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit |
29 | of the adult correctional institutions. In addition, the person convicted may be required to |
30 | successfully complete alcohol or drug treatment, at their own expense, in a program established by |
31 | the director of the department of corrections. The license of the person may be revoked for a period |
32 | of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence |
33 | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist |
34 | which would authorize refusal to issue a license and until the person gives proof of financial |
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1 | responsibility pursuant to chapter 32 of this title. |
2 | SECTION 2. This act shall take effect upon passage. |
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LC003376 | |
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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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1 | This act would increase the sentences, fines or both for § 31-27-1 ("driving so as to |
2 | endanger, resulting in death") and § 31-27-1.1 ("driving so as to endanger, resulting in personal |
3 | injury"). This act would also repeal the enhancement of the punishments for subsequent offenses |
4 | of § 31-27-2.2 ("driving under the influence, resulting in death") and § 31-27-2.6 ("driving under |
5 | the influence, resulting in serious bodily injury") and would replace the enhancement of |
6 | punishments with an amended single range of sentences, fines or both. |
7 | This act would take effect upon passage. |
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LC003376 | |
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