2014 -- S 2037

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LC003111

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     Introduced By: Senators E O`Neill, Jabour, Archambault, McCaffrey, and Goodwin

     Date Introduced: January 09, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-26-1 and 31-26-2 of the General Laws in Chapter 31-26

entitled "Accidents and Accident Reports" are hereby amended to read as follows:

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

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

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

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

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

without obstructing traffic more than is necessary.

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

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

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

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

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

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

punished as follows:

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

less than one year two (2) years, and for not more than ten (10) year years, and by a fine of not

less than one thousand dollars ($1,000) five thousand dollars ($5,000), nor more than five

thousand dollars ($5,000) ten thousand dollars ($10,000). The sentencing judge shall have the

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

the license of the person shall be revoked for a period of up to no less than two (2) years, and no

more than five (5) years. The license privilege shall not be reinstated until evidence satisfactory to

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

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

pursuant to chapter 32 of this title, and all liens and judgments are satisfied.

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

period, a person shall be punished by imprisonment for not less than two (2) five (5) years, nor

more than fifteen (15) twenty-five (25) years, and by a fine of not less than three thousand dollars

($3,000) ten thousand dollars ($10,000), nor more than ten thousand dollars ($10,000) thirty

thousand dollars ($30,000). The sentencing judge shall have the discretion to sentence the person

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

revoked for a period of up to four (4) years not less than five (5) years, and no more than ten (10)

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

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

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

32 of this title.

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

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

impairment of the function of any bodily member or organ.

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

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

pursuant to the provisions of this subsection as follows:

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

imprisonment in the state prison for not less than two (2) five (5) years, and for not more than

fifteen (15) thirty (30) years, in any unit of the adult correctional institutions in the discretion of

the sentencing judge, by a fine of not less than five thousand dollars ($5,000) fifteen thousand

dollars ($15,000), nor more than ten thousand dollars ($10,000) fifty thousand dollars ($50,000),

and his or her license to operate a motor vehicle shall be revoked for a period of three (3) not less

than ten (10) years. The license privilege shall not be reinstated until evidence satisfactory to the

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

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

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

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

(5) twenty (20) years, and for not more than twenty (20) sixty (60) years, in any unit of the adult

correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten

thousand dollars ($10,000) thirty thousand dollars ($30,000), nor more than twenty thousand

dollars ($20,000) one hundred thousand dollars ($100,000) and his or her license to operate a

motor vehicle shall be revoked permanently. for a period of five (5) years. The license privilege

shall not be reinstated until evidence satisfactory to the administrator of the division of motor

vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and

until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

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

involved in an accident with a person riding a bicycle.

     31-26-2. Duty to stop in accidents resulting in damage to vehicle. -- The driver of any

vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven

or attended by any person shall immediately stop the vehicle at the scene of the accident or as

close to it as possible, but shall immediately return to and in every event shall remain at the scene

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

made without obstructing traffic more than is necessary. Any person failing to stop or comply

with these requirements under the circumstances shall be guilty of a misdemeanor felony, and

shall be punished by a fine of not less than five hundred dollars ($500) one thousand dollars

($1,000), nor more than one thousand dollars ($1,000) five thousand dollars ($5,000), and/or his

or her driver's license or operating privilege in the state may be suspended for a period up to six

(6) months up to one year, and/or he or she may be imprisoned for a period not to exceed 6

months one year.

     SECTION 2. This act shall take effect upon passage.

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LC003111

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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 increase the penalties and fines for the various motor vehicle offenses

involving leaving the scene of an accident.

     This act would take effect upon passage.

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LC003111

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