2012 -- H 7467 SUBSTITUTE A

=======

LC00126/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - ACCIDENTS AND ACCIDENT

REPORTS

     Introduced By: Representatives Hearn, Edwards, and Ruggiero

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-26-1 of the General Laws in Chapter 31-26 entitled "Accidents

1-2

and Accident Reports" is hereby amended to read as follows:

1-3

     31-26-1. Duty to stop in accidents resulting in personal injury. -- (a) The driver of any

1-4

vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death

1-5

of any person shall immediately stop the vehicle at the scene of the accident or as close to it as

1-6

possible, but shall then immediately return to and in every event shall remain at the scene of the

1-7

accident until he or she has fulfilled the requirements of section 31-26-3. A stop shall be made

1-8

without obstructing traffic more than is necessary.

1-9

      (b) Any person knowingly failing to stop or to comply with the requirements under

1-10

circumstances which result in injury to any person shall upon conviction be punished by a

1-11

mandatory loss of license for at least one year and not more than five (5) years and imprisonment

1-12

for not more than five (5) years and/or fined up to five thousand dollars ($5,000).

1-13

      (c) (1) Any person knowingly failing to stop or to comply with the requirements under

1-14

circumstances which result in serious bodily injury to any person shall upon conviction be

1-15

punished as follows:

1-16

      (i) Every person convicted of a first violation shall be punished by imprisonment for not

1-17

less than one year and for not more than ten (10) years and by a fine of not less than one thousand

1-18

dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge shall have

1-19

the discretion to sentence the person to any unit of the adult correctional institutions.

2-1

Additionally, the license of the person may shall be revoked for a period of up to two (2) years.

2-2

The license privilege shall not be reinstated until evidence satisfactory to the administrator of the

2-3

division of motor vehicles establishes that no grounds exist which would authorize refusal to

2-4

issue a license and until the person gives proof of financial responsibility pursuant to chapter 32

2-5

of this title.

2-6

      (ii) For a second or subsequent conviction under this subsection within a five (5) year

2-7

period, a person shall be punished by imprisonment for not less than two (2) years nor more than

2-8

fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten

2-9

thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person

2-10

to any unit of the adult correctional institutions. Additionally, the license of the person may shall

2-11

be revoked for a period of up to four (4) years. The license privilege shall not be reinstated until

2-12

evidence satisfactory to the administrator of the division of motor vehicles establishes that no

2-13

grounds exist which would authorize refusal to issue a license and until the person gives proof of

2-14

financial responsibility pursuant to chapter 32 of this title.

2-15

      (2) As used in this subsection, "serious bodily injury" means physical injury that creates

2-16

a substantial risk of death or causes serious physical disfigurement or protracted loss or

2-17

impairment of the function of any bodily member or organ.

2-18

      (d) Any person knowingly failing to stop or to comply with the requirements under

2-19

circumstances which result in the death of any person, shall upon conviction be punished

2-20

pursuant to the provisions of this subsection as follows:

2-21

      (1) Every person convicted of a first violation of this subsection shall be punished by

2-22

imprisonment in the state prison for not less than two (2) years and for not more than fifteen (15)

2-23

years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by

2-24

a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars

2-25

($10,000), and his or her license to operate a motor vehicle shall be revoked for a period of three

2-26

(3) years. The license privilege shall not be reinstated until evidence satisfactory to the

2-27

administrator of the division of motor vehicles establishes that no grounds exist which would

2-28

authorize the refusal to issue a license, and until the person gives proof of financial responsibility

2-29

pursuant to chapter 32 of this title.

2-30

      (2) Every person convicted of a second or subsequent violation of this subsection within

2-31

a five (5) year period shall be punished by imprisonment in the state prison for not less than five

2-32

(5) years and for not more than twenty (20) years, in any unit of the adult correctional institutions

2-33

in the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000)

2-34

nor more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle

3-1

shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until

3-2

evidence satisfactory to the administrator of the division of motor vehicles establishes that no

3-3

grounds exist which would authorize the refusal to issue a license, and until the person gives

3-4

proof of financial responsibility pursuant to chapter 32 of this title.

3-5

      (e) This section shall apply in its entirety to any driver of a motor vehicle knowingly

3-6

involved in an accident with a person riding a bicycle.

3-7

     SECTION 2. This act shall take effect upon passage.

=======

LC00126/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - ACCIDENTS AND ACCIDENT

REPORTS

***

4-1

     This act would provide for a mandatory revocation of an operator’s license of up to two

4-2

(2) years and up to four (4) years for a second or subsequent violation within five (5) years when

4-3

convicted of leaving the scene of an accident resulting in serious bodily injury.

4-4

     This act would take effect upon passage.

=======

LC00126/SUB A

=======