It is enacted by the General Assembly as follows:
SECTION 1. Section 31-27-2.2 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:
31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. -- (a) When the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of, any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination thereof, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death."
(b) Any person charged with the commission of the offense set forth in subsection (a) shall, upon conviction, be punished as follows:
(1) Every person convicted of a first violation shall be
punished by imprisonment in the state prison for not less than
two (2) {ADD five (5) ADD} years and for not more than fifteen (15)
years, in any unit of the adult correctional institution in the
discretion of the sentencing judge, by a fine of not less than
five thousand dollars ($5,000) nor more than ten thousand dollars
($10,000) and his or her license to operate a motor vehicle shall
be revoked for a period of three (3) {ADD five (5) ADD} years. The
license privilege shall not thereafter be reinstated until
evidence satisfactory to the registrar of motor vehicles
establishes that no grounds exist which would authorize the
refusal to issue a license and until the person gives proof of
financial responsibility pursuant to chapter 32 of this title.
In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete said program before any license to operate a motor vehicle is renewed.
(2) Every person convicted of a second or subsequent
violation within a five (5) year period in this state or any
other state, provided the out-of-state conviction was based on
the same blood-alcohol concentration as set forth in section
31-27-2 shall be punished by imprisonment in the state prison for
not less than five (5) {ADD ten (10) ADD} years and for not more
than twenty (20) years, in any unit of the adult correctional
institution in the discretion of the sentencing judge, by a fine
of not less than ten thousand dollars ($10,000) nor more than
twenty thousand dollars ($20,000) and his or her license to
operate a motor vehicle shall be revoked for a period of five (5)
years. In addition, the person convicted may be required to
successfully complete alcohol or drug treatment, at their own
expense, in a program established by the director of the
department of corrections. The license privilege shall not
thereafter be reinstated whether the convictions occurred in this
or any other state until evidence satisfactory to the superior
court, following a hearing establishes that no grounds exist
which would authorize the refusal to issue a license and until
the person gives proof of financial responsibility pursuant to
chapter 32 of this title.
SECTION 2. This act shall take effect upon passage.
