Rhode Island 2023 Regular Session

Rhode Island House Bill H5213 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5213
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7	7	LC000205
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES
16	16	Introduced By: Representatives Serpa, Noret, and Ackerman
17	17	Date Introduced: January 19, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws 1
23	23	in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 2
24	24	31-27-1. Driving so as to endanger, resulting in death. 3
25	25	(a) When the death of any person ensues as a proximate result of an injury received by the 4
26	26	operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-5
27	27	27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 6
28	28	death”. 7
29	29	(b) Any person charged with the commission of this offense shall upon conviction be 8
30	30	imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a 9
31	31	motor vehicle suspended for no more than five (5) years. 10
32	32	31-27-1.1. Driving so as to endanger, resulting in serious personal injury. 11
33	33	(a) When the serious bodily injury of any person ensues as a proximate result of the 12
34	34	operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-13
35	35	27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 14
36	36	serious bodily injury”. 15
37	37	(b) “Serious bodily injury” means physical injury that creates a substantial risk of death or 16
38	38	causes serious permanent disfigurement or protracted loss or impairment of the function of any 17
39	39	bodily member or organ. 18
40	40	(c) Any person charged with a violation of this section shall upon conviction be imprisoned 19
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44	44	for not more than five (5) ten (10) years and have his or her license to operate a motor vehicle 1
45	45	suspended for no more than three (3) years. 2
46	46	31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. 3
47	47	(a) When the death of any person other than the operator ensues as a proximate result of an 4
48	48	injury received by the operation of any vehicle, the operator of which is under the influence of any 5
49	49	intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any 6
50	50	combination of these, the person so operating the vehicle shall be guilty of “driving under the 7
51	51	influence of liquor or drugs, resulting in death”. 8
52	52	(b) Any person charged with the commission of the offense set forth in subsection (a) of 9
53	53	this section shall, upon conviction, be punished as follows: 10
54	54	(1)(i) Every person convicted of a first violation shall be punished by By imprisonment in 11
55	55	the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, 12
56	56	in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine 13
57	57	of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) twenty 14
58	58	thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a 15
59	59	period of five (5) to ten (10) years. The license privilege shall not be reinstated until evidence 16
60	60	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 17
61	61	which would authorize the refusal to issue a license, and until the person gives proof of financial 18
62	62	responsibility pursuant to chapter 32 of this title. 19
63	63	(ii)(2) In addition, the person convicted may be required to successfully complete alcohol 20
64	64	or drug treatment in a program of their choice, at their own expense, as authorized by a judge of 21
65	65	the superior court, and may successfully complete the program before any license to operate a 22
66	66	motor vehicle is renewed. 23
67	67	(2) Every person convicted of a second or subsequent violation within a five (5) year period 24
68	68	in this state or any other state, provided the out-of-state conviction was based on the same blood-25
69	69	alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison 26
70	70	for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult 27
71	71	correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten 28
72	72	thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license 29
73	73	to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person 30
74	74	convicted may be required to successfully complete alcohol or drug treatment, at their own expense, 31
75	75	in a program established by the director of the department of corrections. The license privilege shall 32
76	76	not be reinstated whether the convictions occurred in this or any other state until evidence 33
77	77	satisfactory to the superior court, following a hearing establishes that no grounds exist which would 34
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81	81	authorize the refusal to issue a license, and until the person gives proof of financial responsibility 1
82	82	pursuant to chapter 32 of this title. 2
83	83	31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily 3
84	84	injury. 4
85	85	(a) When serious bodily injury of any person other than the operator is caused by the 5
86	86	operation of any motor vehicle, the operator of which is under the influence of any intoxicating 6
87	87	liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination 7
88	88	of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor 8
89	89	or drugs, resulting in serious bodily injury. 9
90	90	(b) As used in this section, “serious bodily injury” means physical injury that creates a 10
91	91	substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 11
92	92	of the function of any bodily member or organ. 12
93	93	(c) Any person charged with the commission of the offense set forth in subsection (a) of 13
94	94	this section shall, upon conviction, be punished by imprisonment for not less than one year and for 14
95	95	not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars ($1,000) 15
96	96	nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The sentencing judge 16
97	97	shall have the discretion to sentence the person to any unit of the adult correctional institutions. 17
98	98	The license of the person may be revoked for a period of up to two (2) three (3) to five (5) years. 18
99	99	The license privilege shall not be reinstated until evidence satisfactory to the administrator of the 19
100	100	division of motor vehicles establishes that no grounds exist which would authorize refusal to issue 20
101	101	a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this 21
102	102	title. In addition, the person convicted may be required to successfully complete alcohol or drug 22
103	103	treatment, at their own expense, in a program established by the director of the department of 23
104	104	corrections. 24
105	105	(d) For a second or subsequent conviction under this section within a five (5) year period, 25
106	106	a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen 26
107	107	(15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand 27
108	108	dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit 28
109	109	of the adult correctional institutions. In addition, the person convicted may be required to 29
110	110	successfully complete alcohol or drug treatment, at their own expense, in a program established by 30
111	111	the director of the department of corrections. The license of the person may be revoked for a period 31
112	112	of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence 32
113	113	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 33
114	114	which would authorize refusal to issue a license and until the person gives proof of financial 34
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118	118	responsibility pursuant to chapter 32 of this title. 1
119	119	SECTION 2. This act shall take effect upon passage. 2
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126	126	EXPLANATION
127	127	BY THE LEGISLATIVE COUNCIL
128	128	OF
129	129	A N A C T
130	130	RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES
131	131	***
132	132	This act would increase the sentences, fines or both for § 31-27-1 ("driving so as to 1
133	133	endanger, resulting in death") and § 31-27-1.1 ("driving so as to endanger, resulting in personal 2
134	134	injury"). This act would also repeal the enhancement of the punishments for subsequent offenses 3
135	135	of § 31-27-2.2 ("driving under the influence, resulting in death") and § 31-27-2.6 ("driving under 4
136	136	the influence, resulting in serious bodily injury") and would replace the enhancement of 5
137	137	punishments with an amended single range of sentences, fines or both. 6
138	138	This act would take effect upon passage. 7
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140	140	LC000205
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