MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES, the official text

S2402 2026 -- S 2402 ======== LC003466 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES Introduced By: Senators Raptakis, Burke, Appollonio, Patalano, Thompson, DiPalma, Murray, Ciccone, Tikoian, and de la Cruz Date Introduced: January 30, 2026 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 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 LC003466 - Page 2 of 5 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 LC003466 - Page 3 of 5 1 responsibility pursuant to chapter 32 of this title. 2 SECTION 2. This act shall take effect upon passage. ======== LC003466 ======== LC003466 - Page 4 of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES *** 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. ======== LC003466 ======== LC003466 - Page 5 of 5