2012 -- S 2139 SUBSTITUTE A

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LC00490/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     Introduced By: Senator William A. Walaska

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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without obstructing traffic more than is necessary.

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

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

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

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

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

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

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punished as follows:

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

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

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

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

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

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

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of this title.

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

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

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

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

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

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

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

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

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financial responsibility pursuant to chapter 32 of this title.

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

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

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impairment of the function of any bodily member or organ.

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

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

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pursuant to the provisions of this subsection as follows:

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

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

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

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

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

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

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administrator of the division of motor vehicles 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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      (2) Every person convicted of a second or subsequent violation of this subsection within

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

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

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

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

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

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

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

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

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

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involved in an accident with a person riding a bicycle.

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     SECTION 2. This act shall take effect upon passage.

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LC00490/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

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

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

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

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     This act would take effect upon passage.

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LC00490/SUB A

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