B.__Is under the influence of intoxicating liquor or drugs;

C.__Knows or reasonably should know that the driver of that motor vehicle is under the influence of intoxicating liquor or drugs; and

I.D.__Takes no action to prevent the driver from operating that motor vehicle.

2.__Application.__This section applies only to persons 18 years of age or older.

SUMMARY

This bill requires a court, in determining the sentence of a person convicted of aggravated OUI when another person suffered serious bodily injury or death, to assign special weight to the fact that there was a passenger in the driver's motor vehicle at the time of the accident, and the passenger was also under the influence of intoxicating liquor or drugs and knew or reasonably should have known that the driver was under the influence of intoxicating liquor or drugs.

This bill also creates a new Class E crime. A person commits a Class E crime if the person is a passenger in a motor vehicle, is under the influence of intoxicating liquor or drugs, knows or reasonably should know that the driver of that motor vehicle is under the influence of intoxicating liquor or drugs, takes no action to prevent the driver from operating that motor vehicle and that motor vehicle is involved in an accident that causes serious bodily injury or death. The bill specifies that only persons 18 years of age or older may be charged with the new crime.