AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES (Increases penalties for a variety of motor vehicle offenses.)

S2402

2026 -- S 2402
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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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:
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SECTION 1. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws
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in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:
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31-27-1. Driving so as to endanger, resulting in death.
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(a) When the death of any person ensues as a proximate result of an injury received by the
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operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-
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27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in
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death”.
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(b) Any person charged with the commission of this offense shall upon conviction be
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imprisoned for not more than
ten (10)

twenty (20)
years and have his or her license to operate a
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motor vehicle suspended for no more than five (5) years.
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31-27-1.1. Driving so as to endanger, resulting in serious personal injury.
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(a) When the serious bodily injury of any person ensues as a proximate result of the
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operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-
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27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in
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serious bodily injury”.
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(b) “Serious bodily injury” means physical injury that creates a substantial risk of death or
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causes serious permanent disfigurement or protracted loss or impairment of the function of any
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bodily member or organ.
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(c) Any person charged with a violation of this section shall upon conviction be imprisoned

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for not more than
five (5)

ten (10)
years and have his or her license to operate a motor vehicle
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suspended for no more than three (3) years.
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31-27-2.2. Driving under the influence of liquor or drugs, resulting in death.
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(a) When the death of any person other than the operator ensues as a proximate result of an
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injury received by the operation of any vehicle, the operator of which is under the influence of any
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intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
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combination of these, the person so operating the vehicle shall be guilty of “driving under the
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influence of liquor or drugs, resulting in death”.
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(b) Any person charged with the commission of the offense set forth in subsection (a) of
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this section shall, upon conviction, be punished as follows:
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(1)
(i) Every person convicted of a first violation shall be punished by

By
imprisonment in
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the state prison for not less than five (5) years and for not more than
fifteen (15)

thirty (30)
years,
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in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine
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of not less than five thousand dollars ($5,000) nor more than
ten thousand dollars ($10,000)

twenty
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thousand dollars ($20,000)
and his or her license to operate a motor vehicle shall be revoked for a
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period of five (5)
to ten (10)
years. The license privilege shall not be reinstated until evidence
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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist
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which would authorize the refusal to issue a license, and until the person gives proof of financial
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responsibility pursuant to chapter 32 of this title.
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(ii)
(2)
In addition, the person convicted may be required to successfully complete alcohol
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or drug treatment in a program of their choice, at their own expense, as authorized by a judge of
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the superior court, and may successfully complete the program before any license to operate a
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motor vehicle is renewed.
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(2) Every person convicted of a second or subsequent violation within a five (5) year period
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in this state or any other state, provided the out-of-state conviction was based on the same blood-
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alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison
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for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult
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correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten
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thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license
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to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person
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convicted may be required to successfully complete alcohol or drug treatment, at their own expense,
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in a program established by the director of the department of corrections. The license privilege shall
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not be reinstated whether the convictions occurred in this or any other state until evidence
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satisfactory to the superior court, following a hearing establishes that no grounds exist which would

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authorize the refusal to issue a license, and until the person gives proof of financial responsibility
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pursuant to chapter 32 of this title.
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31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily
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injury.
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(a) When serious bodily injury of any person other than the operator is caused by the
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operation of any motor vehicle, the operator of which is under the influence of any intoxicating
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liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination
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of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor
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or drugs, resulting in serious bodily injury.
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(b) As used in this section, “serious bodily injury” means physical injury that creates a
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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment
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of the function of any bodily member or organ.
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(c) Any person charged with the commission of the offense set forth in subsection (a) of
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this section shall, upon conviction, be punished by imprisonment for not less than one year and for
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not more than
ten (10)

twenty (20)
years and by a fine of not less than one thousand dollars ($1,000)
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nor more than
five thousand dollars ($5,000)

ten thousand dollars ($10,000)
. The sentencing judge
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shall have the discretion to sentence the person to any unit of the adult correctional institutions.
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The license of the person may be revoked for a period of up to
two (2)

three (3) to five (5)
years.
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The license privilege shall not be reinstated until evidence satisfactory to the administrator of the
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division of motor vehicles establishes that no grounds exist which would authorize refusal to issue
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a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this
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title. In addition, the person convicted may be required to successfully complete alcohol or drug
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treatment, at their own expense, in a program established by the director of the department of
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corrections.
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(d) For a second or subsequent conviction under this section within a five (5) year period,
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a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen
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(15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand
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dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit
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of the adult correctional institutions. In addition, the person convicted may be required to
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successfully complete alcohol or drug treatment, at their own expense, in a program established by
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the director of the department of corrections. The license of the person may be revoked for a period
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of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence
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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist
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which would authorize refusal to issue a license and until the person gives proof of financial

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responsibility pursuant to chapter 32 of this title.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
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This act would increase the sentences, fines or both for § 31-27-1 ("driving so as to
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endanger, resulting in death") and § 31-27-1.1 ("driving so as to endanger, resulting in personal
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injury"). This act would also repeal the enhancement of the punishments for subsequent offenses
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of § 31-27-2.2 ("driving under the influence, resulting in death") and § 31-27-2.6 ("driving under
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the influence, resulting in serious bodily injury") and would replace the enhancement of
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punishments with an amended single range of sentences, fines or both.
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This act would take effect upon passage.
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