2018 -- S 2306

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LC004463

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     

     Introduced By: Senators Lombardi, McCaffrey, Lynch Prata, Nesselbush, and Raptakis

     Date Introduced: February 01, 2018

     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.

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     (a) The driver of any vehicle knowingly involved in an accident resulting in injury to,

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serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of

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the accident or as close to it as possible, but shall then immediately return to and in every event

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shall remain at the scene of the accident until he or she has fulfilled the requirements of ยง 31-26-

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3. A stop shall be made 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 shall be revoked for a period of up to two (2) years. The

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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 shall be

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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 a

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

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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) five (5) years and for not more than

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

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

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($10,000) nor more than ten thousand dollars ($10,000) twenty thousand dollars ($20,000), and

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his or her license to operate a motor vehicle shall be revoked for a period of three (3) five (5)

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

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

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

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chapter 32 of this title.

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

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

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

 

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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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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 for a first offense of leaving the scene of an accident

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resulting in death to a minimum five (5) years in incarceration, a minimum of ten thousand

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dollars ($10,000) and a minimum license revocation of five (5) years.

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     This act would take effect upon passage.

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