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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5638 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002192 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- ACCIDENTS AND ACCIDENT |
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| 16 | 16 | | REPORTS |
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| 17 | 17 | | Introduced By: Representatives Serpa, Noret, and Fellela |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (Attorney General) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 31-26-1 of the General Laws in Chapter 31-26 entitled "Accidents 1 |
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| 24 | 24 | | and Accident Reports" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 31-26-1. Duty to stop in accidents resulting in personal injury. 3 |
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| 26 | 26 | | (a) The driver of any vehicle knowingly involved in an accident resulting in injury to, 4 |
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| 27 | 27 | | serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of 5 |
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| 28 | 28 | | the accident or as close to it as possible, but shall then immediately return to and in every event 6 |
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| 29 | 29 | | shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-7 |
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| 30 | 30 | | 3. A stop shall be made without obstructing traffic more than is necessary. 8 |
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| 31 | 31 | | (b) Any person knowingly failing to stop or to comply with the requirements under 9 |
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| 32 | 32 | | circumstances which result in injury to any person shall upon conviction be punished by a 10 |
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| 33 | 33 | | mandatory loss of license for at least one year and not more than five (5) years and imprisonment 11 |
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| 34 | 34 | | for not more than five (5) years and/or fined up to five thousand dollars ($5,000). 12 |
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| 35 | 35 | | (c)(1) Any person knowingly failing to stop or to comply with the requirements under 13 |
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| 36 | 36 | | circumstances which result in serious bodily injury to any person shall upon conviction be punished 14 |
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| 37 | 37 | | as follows: 15 |
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| 38 | 38 | | (i) Every person convicted of a first violation shall be punished by imprisonment for not 16 |
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| 39 | 39 | | less than one year and for not more than ten (10) fifteen (15) years and by a fine of not less than 17 |
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| 40 | 40 | | one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002192 - Page 2 of 7 |
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| 44 | 44 | | shall have the discretion to sentence the person to any unit of the adult correctional institutions. 1 |
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| 45 | 45 | | Additionally, the license of the person shall be revoked for a period of up to at least two (2) years 2 |
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| 46 | 46 | | and not more than ten (10) years. The license privilege shall not be reinstated until evidence 3 |
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| 47 | 47 | | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 4 |
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| 48 | 48 | | which would authorize refusal to issue a license and until the person gives proof of financial 5 |
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| 49 | 49 | | responsibility pursuant to chapter 32 of this title. 6 |
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| 50 | 50 | | (ii) For a second or subsequent conviction under this subsection within a five (5) year 7 |
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| 51 | 51 | | period, a person shall be punished by imprisonment for not less than two (2) years nor more than 8 |
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| 52 | 52 | | fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten 9 |
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| 53 | 53 | | thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person 10 |
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| 54 | 54 | | to any unit of the adult correctional institutions. Additionally, the license of the person shall be 11 |
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| 55 | 55 | | revoked for a period of up to four (4) years. The license privilege shall not be reinstated until 12 |
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| 56 | 56 | | evidence satisfactory to the administrator of the division of motor vehicles establishes that no 13 |
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| 57 | 57 | | grounds exist which would authorize refusal to issue a license and until the person gives proof of 14 |
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| 58 | 58 | | financial responsibility pursuant to chapter 32 of this title. 15 |
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| 59 | 59 | | (2) As used in this subsection, “serious bodily injury” means physical injury that creates a 16 |
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| 60 | 60 | | substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 17 |
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| 61 | 61 | | of the function of any bodily member or organ. 18 |
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| 62 | 62 | | (d) Any person knowingly failing to stop or to comply with the requirements under 19 |
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| 63 | 63 | | circumstances which result in the death of any person, shall upon conviction be punished pursuant 20 |
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| 64 | 64 | | to the provisions of this subsection as follows: 21 |
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| 65 | 65 | | (1) Every person convicted of a first violation of this subsection shall be punished by 22 |
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| 66 | 66 | | imprisonment in the state prison for not less than two (2) five (5) years and for not more than fifteen 23 |
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| 67 | 67 | | (15) thirty (30) years, in any unit of the adult correctional institutions in the discretion of the 24 |
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| 68 | 68 | | sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten 25 |
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| 69 | 69 | | thousand dollars ($10,000), and his or her license to operate a motor vehicle shall be revoked for a 26 |
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| 70 | 70 | | period of three (3) years. The at least five (5) years and may be permanently revoked. If less than a 27 |
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| 71 | 71 | | permanent revocation is imposed, the license privilege shall not be reinstated until evidence 28 |
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| 72 | 72 | | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 29 |
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| 73 | 73 | | which would authorize the refusal to issue a license, and until the person gives proof of financial 30 |
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| 74 | 74 | | responsibility pursuant to chapter 32 of this title. 31 |
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| 75 | 75 | | (2) Every person convicted of a second or subsequent violation of this subsection within a 32 |
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| 76 | 76 | | five (5) year period shall be punished by imprisonment in the state prison for not less than five (5) 33 |
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| 77 | 77 | | years and for not more than twenty (20) years, in any unit of the adult correctional institutions in 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002192 - Page 3 of 7 |
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| 81 | 81 | | the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor 1 |
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| 82 | 82 | | more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall 2 |
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| 83 | 83 | | be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence 3 |
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| 84 | 84 | | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 4 |
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| 85 | 85 | | which would authorize the refusal to issue a license, and until the person gives proof of financial 5 |
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| 86 | 86 | | responsibility pursuant to chapter 32 of this title. 6 |
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| 87 | 87 | | (e) This section shall apply in its entirety to any driver of a motor vehicle knowingly 7 |
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| 88 | 88 | | involved in an accident with a pedestrian or a person riding a bicycle. 8 |
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| 89 | 89 | | SECTION 2. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws 9 |
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| 90 | 90 | | in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 10 |
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| 91 | 91 | | 31-27-1. Driving so as to endanger, resulting in death. 11 |
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| 92 | 92 | | (a) When the death of any person ensues as a proximate result of an injury received by the 12 |
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| 93 | 93 | | operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-13 |
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| 94 | 94 | | 27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 14 |
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| 95 | 95 | | death”. 15 |
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| 96 | 96 | | (b) Any person charged with the commission of this offense shall upon conviction be 16 |
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| 97 | 97 | | imprisoned for not more than ten (10) thirty (30) years and have his or her license to operate a 17 |
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| 98 | 98 | | motor vehicle suspended for no more than five (5) years revoked for a period of at least five (5) 18 |
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| 99 | 99 | | years, and may be permanently revoked. If less than a permanent revocation is imposed, the license 19 |
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| 100 | 100 | | privilege shall not be reinstated until evidence satisfactory to the administrator of the division of 20 |
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| 101 | 101 | | motor vehicles establishes that no grounds exist which would authorize the refusal to issue a 21 |
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| 102 | 102 | | license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this 22 |
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| 103 | 103 | | title. 23 |
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| 104 | 104 | | 31-27-1.1. Driving so as to endanger, resulting in serious personal injury Driving so 24 |
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| 105 | 105 | | as to endanger, resulting in serious personal bodily injury. 25 |
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| 106 | 106 | | (a) When the serious bodily injury of any person ensues as a proximate result of the 26 |
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| 107 | 107 | | operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27 |
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| 108 | 108 | | 27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 28 |
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| 109 | 109 | | serious bodily injury”. 29 |
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| 110 | 110 | | (b) “Serious bodily injury” means physical injury that creates a substantial risk of death or 30 |
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| 111 | 111 | | causes serious permanent disfigurement or protracted loss or impairment of the function of any 31 |
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| 112 | 112 | | bodily member or organ. 32 |
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| 113 | 113 | | (c) Any person charged with a violation of this section shall upon conviction be imprisoned 33 |
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| 114 | 114 | | for not more than five (5) fifteen (15) years and have his or her license to operate a motor vehicle 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002192 - Page 4 of 7 |
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| 118 | 118 | | suspended for no more than three (3) years a period of at least two (2) years and not more than ten 1 |
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| 119 | 119 | | (10) years. 2 |
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| 120 | 120 | | 31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. 3 |
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| 121 | 121 | | (a) When the death of any person other than the operator ensues as a proximate result of an 4 |
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| 122 | 122 | | injury received by the operation of any vehicle, the operator of which is under the influence of any 5 |
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| 123 | 123 | | intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any 6 |
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| 124 | 124 | | combination of these, the person so operating the vehicle shall be guilty of “driving under the 7 |
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| 125 | 125 | | influence of liquor or drugs, resulting in death”. 8 |
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| 126 | 126 | | (b) Any person charged with the commission of the offense set forth in subsection (a) of 9 |
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| 127 | 127 | | this section shall, upon conviction, be punished as follows: 10 |
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| 128 | 128 | | (1)(i) Every person convicted of a first violation shall be punished by imprisonment in the 11 |
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| 129 | 129 | | state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, in 12 |
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| 130 | 130 | | any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of 13 |
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| 131 | 131 | | not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his 14 |
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| 132 | 132 | | or her license to operate a motor vehicle shall be revoked for a period of at least five (5) years. The, 15 |
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| 133 | 133 | | and may be permanently revoked. If less than a permanent revocation is imposed, the license 16 |
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| 134 | 134 | | privilege shall not be reinstated until evidence satisfactory to the administrator of the division of 17 |
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| 135 | 135 | | motor vehicles establishes that no grounds exist which would authorize the refusal to issue a 18 |
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| 136 | 136 | | license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this 19 |
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| 137 | 137 | | title. 20 |
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| 138 | 138 | | (ii)(1) In addition, the person convicted may be required to successfully complete alcohol 21 |
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| 139 | 139 | | or drug treatment in a program of their choice, at their own expense, as authorized by a judge of 22 |
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| 140 | 140 | | the superior court, and may successfully complete the program before any license to operate a 23 |
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| 141 | 141 | | motor vehicle is renewed. 24 |
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| 142 | 142 | | (2) Every person convicted of a second or subsequent violation within a five (5) year period 25 |
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| 143 | 143 | | in this state or any other state, provided the out-of-state conviction was based on the same blood-26 |
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| 144 | 144 | | alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison 27 |
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| 145 | 145 | | for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult 28 |
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| 146 | 146 | | correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten 29 |
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| 147 | 147 | | thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license 30 |
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| 148 | 148 | | to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person 31 |
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| 149 | 149 | | convicted may be required to successfully complete alcohol or drug treatment, at their own expense, 32 |
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| 150 | 150 | | in a program established by the director of the department of corrections. The license privilege shall 33 |
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| 151 | 151 | | not be reinstated whether the convictions occurred in this or any other state until evidence 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002192 - Page 5 of 7 |
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| 155 | 155 | | satisfactory to the superior court, following a hearing establishes that no grounds exist which would 1 |
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| 156 | 156 | | authorize the refusal to issue a license, and until the person gives proof of financial responsibility 2 |
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| 157 | 157 | | pursuant to chapter 32 of this title. 3 |
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| 158 | 158 | | 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily 4 |
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| 159 | 159 | | injury. 5 |
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| 160 | 160 | | (a) When serious bodily injury of any person other than the operator is caused by the 6 |
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| 161 | 161 | | operation of any motor vehicle, the operator of which is under the influence of any intoxicating 7 |
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| 162 | 162 | | liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination 8 |
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| 163 | 163 | | of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor 9 |
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| 164 | 164 | | or drugs, resulting in serious bodily injury. 10 |
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| 165 | 165 | | (b) As used in this section, “serious bodily injury” means physical injury that creates a 11 |
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| 166 | 166 | | substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 12 |
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| 167 | 167 | | of the function of any bodily member or organ. 13 |
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| 168 | 168 | | (c) Any person charged with the commission of the offense set forth in subsection (a) of 14 |
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| 169 | 169 | | this section shall, upon conviction, be punished by imprisonment for not less than one year and for 15 |
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| 170 | 170 | | not more than ten (10) fifteen (15) years and by a fine of not less than one thousand dollars ($1,000) 16 |
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| 171 | 171 | | nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to 17 |
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| 172 | 172 | | sentence the person to any unit of the adult correctional institutions. The license of the person may 18 |
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| 173 | 173 | | be revoked for a period of up to two (2) at least two (2) years and not more than ten (10) years. The 19 |
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| 174 | 174 | | license privilege shall not be reinstated until evidence satisfactory to the administrator of the 20 |
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| 175 | 175 | | division of motor vehicles establishes that no grounds exist which would authorize refusal to issue 21 |
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| 176 | 176 | | a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this 22 |
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| 177 | 177 | | title. In addition, the person convicted may be required to successfully complete alcohol or drug 23 |
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| 178 | 178 | | treatment, at their own expense, in a program established by the director of the department of 24 |
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| 179 | 179 | | corrections. 25 |
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| 180 | 180 | | (d) For a second or subsequent conviction under this section within a five (5) year period, 26 |
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| 181 | 181 | | a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen 27 |
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| 182 | 182 | | (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand 28 |
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| 183 | 183 | | dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit 29 |
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| 184 | 184 | | of the adult correctional institutions. In addition, the person convicted may be required to 30 |
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| 185 | 185 | | successfully complete alcohol or drug treatment, at their own expense, in a program established by 31 |
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| 186 | 186 | | the director of the department of corrections. The license of the person may be revoked for a period 32 |
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| 187 | 187 | | of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence 33 |
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| 188 | 188 | | satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002192 - Page 6 of 7 |
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| 192 | 192 | | which would authorize refusal to issue a license and until the person gives proof of financial 1 |
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| 193 | 193 | | responsibility pursuant to chapter 32 of this title. 2 |
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| 194 | 194 | | SECTION 3. This act shall take effect upon passage. 3 |
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| 195 | 195 | | ======== |
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| 196 | 196 | | LC002192 |
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| 197 | 197 | | ======== |
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| 198 | 198 | | |
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| 199 | 199 | | |
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| 200 | 200 | | LC002192 - Page 7 of 7 |
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| 201 | 201 | | EXPLANATION |
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| 202 | 202 | | BY THE LEGISLATIVE COUNCIL |
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| 203 | 203 | | OF |
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| 204 | 204 | | A N A C T |
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| 205 | 205 | | RELATING TO MOTOR AN D OTHER VEHICLES -- ACCIDENTS AND ACCIDENT |
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| 206 | 206 | | REPORTS |
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| 207 | 207 | | *** |
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| 208 | 208 | | This act would provide for a single, increased range of penalties for all driving offenses 1 |
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| 209 | 209 | | which result in serious bodily injury or death. 2 |
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| 210 | 210 | | This act would take effect upon passage. 3 |
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| 211 | 211 | | ======== |
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| 212 | 212 | | LC002192 |
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| 213 | 213 | | ======== |
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