Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0298 Compare Versions

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

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5	5	2025 -- S 0298
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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. 2025
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: Senators Raptakis, Tikoian, Sosnowski, McKenney, Burke, Appollonio,
17	17	Patalano, Thompson, Felag, and Britto
18	18	Date Introduced: February 13, 2025
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws 1
24	24	in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 2
25	25	31-27-1. Driving so as to endanger, resulting in death. 3
26	26	(a) When the death of any person ensues as a proximate result of an injury received by the 4
27	27	operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-5
28	28	27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 6
29	29	death”. 7
30	30	(b) Any person charged with the commission of this offense shall upon conviction be 8
31	31	imprisoned for not more than ten (10) twenty (20) years and have his or her license to operate a 9
32	32	motor vehicle suspended for no more than five (5) years. 10
33	33	31-27-1.1. Driving so as to endanger, resulting in serious personal injury. 11
34	34	(a) When the serious bodily injury of any person ensues as a proximate result of the 12
35	35	operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-13
36	36	27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 14
37	37	serious bodily injury”. 15
38	38	(b) “Serious bodily injury” means physical injury that creates a substantial risk of death or 16
39	39	causes serious permanent disfigurement or protracted loss or impairment of the function of any 17
40	40	bodily member or organ. 18
41	41	(c) Any person charged with a violation of this section shall upon conviction be imprisoned 19
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45	45	for not more than five (5) ten (10) years and have his or her license to operate a motor vehicle 1
46	46	suspended for no more than three (3) years. 2
47	47	31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. 3
48	48	(a) When the death of any person other than the operator ensues as a proximate result of an 4
49	49	injury received by the operation of any vehicle, the operator of which is under the influence of any 5
50	50	intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any 6
51	51	combination of these, the person so operating the vehicle shall be guilty of “driving under the 7
52	52	influence of liquor or drugs, resulting in death”. 8
53	53	(b) Any person charged with the commission of the offense set forth in subsection (a) of 9
54	54	this section shall, upon conviction, be punished as follows: 10
55	55	(1)(i) Every person convicted of a first violation shall be punished by By imprisonment in 11
56	56	the state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, 12
57	57	in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine 13
58	58	of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) twenty 14
59	59	thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a 15
60	60	period of five (5) to ten (10) years. The license privilege shall not be reinstated until evidence 16
61	61	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 17
62	62	which would authorize the refusal to issue a license, and until the person gives proof of financial 18
63	63	responsibility pursuant to chapter 32 of this title. 19
64	64	(ii)(2) In addition, the person convicted may be required to successfully complete alcohol 20
65	65	or drug treatment in a program of their choice, at their own expense, as authorized by a judge of 21
66	66	the superior court, and may successfully complete the program before any license to operate a 22
67	67	motor vehicle is renewed. 23
68	68	(2) Every person convicted of a second or subsequent violation within a five (5) year period 24
69	69	in this state or any other state, provided the out-of-state conviction was based on the same blood-25
70	70	alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison 26
71	71	for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult 27
72	72	correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten 28
73	73	thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license 29
74	74	to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person 30
75	75	convicted may be required to successfully complete alcohol or drug treatment, at their own expense, 31
76	76	in a program established by the director of the department of corrections. The license privilege shall 32
77	77	not be reinstated whether the convictions occurred in this or any other state until evidence 33
78	78	satisfactory to the superior court, following a hearing establishes that no grounds exist which would 34
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82	82	authorize the refusal to issue a license, and until the person gives proof of financial responsibility 1
83	83	pursuant to chapter 32 of this title. 2
84	84	31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily 3
85	85	injury. 4
86	86	(a) When serious bodily injury of any person other than the operator is caused by the 5
87	87	operation of any motor vehicle, the operator of which is under the influence of any intoxicating 6
88	88	liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination 7
89	89	of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor 8
90	90	or drugs, resulting in serious bodily injury. 9
91	91	(b) As used in this section, “serious bodily injury” means physical injury that creates a 10
92	92	substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 11
93	93	of the function of any bodily member or organ. 12
94	94	(c) Any person charged with the commission of the offense set forth in subsection (a) of 13
95	95	this section shall, upon conviction, be punished by imprisonment for not less than one year and for 14
96	96	not more than ten (10) twenty (20) years and by a fine of not less than one thousand dollars ($1,000) 15
97	97	nor more than five thousand dollars ($5,000) ten thousand dollars ($10,000). The sentencing judge 16
98	98	shall have the discretion to sentence the person to any unit of the adult correctional institutions. 17
99	99	The license of the person may be revoked for a period of up to two (2) three (3) to five (5) years. 18
100	100	The license privilege shall not be reinstated until evidence satisfactory to the administrator of the 19
101	101	division of motor vehicles establishes that no grounds exist which would authorize refusal to issue 20
102	102	a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this 21
103	103	title. In addition, the person convicted may be required to successfully complete alcohol or drug 22
104	104	treatment, at their own expense, in a program established by the director of the department of 23
105	105	corrections. 24
106	106	(d) For a second or subsequent conviction under this section within a five (5) year period, 25
107	107	a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen 26
108	108	(15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand 27
109	109	dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit 28
110	110	of the adult correctional institutions. In addition, the person convicted may be required to 29
111	111	successfully complete alcohol or drug treatment, at their own expense, in a program established by 30
112	112	the director of the department of corrections. The license of the person may be revoked for a period 31
113	113	of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence 32
114	114	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 33
115	115	which would authorize refusal to issue a license and until the person gives proof of financial 34
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119	119	responsibility pursuant to chapter 32 of this title. 1
120	120	SECTION 2. This act shall take effect upon passage. 2
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127	127	EXPLANATION
128	128	BY THE LEGISLATIVE COUNCIL
129	129	OF
130	130	A N A C T
131	131	RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES
132	132	***
133	133	This act would increase the sentences, fines or both for § 31-27-1 ("driving so as to 1
134	134	endanger, resulting in death") and § 31-27-1.1 ("driving so as to endanger, resulting in personal 2
135	135	injury"). This act would also repeal the enhancement of the punishments for subsequent offenses 3
136	136	of § 31-27-2.2 ("driving under the influence, resulting in death") and § 31-27-2.6 ("driving under 4
137	137	the influence, resulting in serious bodily injury") and would replace the enhancement of 5
138	138	punishments with an amended single range of sentences, fines or both. 6
139	139	This act would take effect upon passage. 7
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