2016 -- H 7091

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LC003586

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     Introduced By: Representatives Hull, O'Brien, Azzinaro, Malik, and Bennett

     Date Introduced: January 08, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

and Accident Reports" is 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 § 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) 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 not 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 for a period of five (5) years permanently. 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.

     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 -- 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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