2022 -- H 7568

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LC004560

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS -- THE MATTHEW O'GARA ACT OF 2022

     Introduced By: Representatives Noret, Casimiro, Corvese, Amore, O'Brien, Serpa, Vella-
Wilkinson, Shanley, Baginski, and Nardone

     Date Introduced: February 18, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. This act shall be known and may be cited as the "Matthew O'Gara Act of

2022."

     SECTION 2. 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. Duty to stop in

accidents resulting in personal injury - The Matthew O'Gara Act of 2022.

     (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 less than eighteen (18) months and not more than five (5) years, and/or fined plus a fine of

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 eighteen (18) months and for not more than ten (10) years and by a fine of not

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

two (2) years and not 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.

     (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) years nor more than

fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than 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 at least four (4) years and not more than fifteen (15) 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) 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) ten thousand dollars ($10,000) nor more

than ten thousand dollars ($10,000) twenty thousand dollars ($20,000), and his or her license to

operate a motor vehicle shall be revoked for a period of three (3) not less than five (5) years and

not more than fifteen (15) 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

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responsibility pursuant to chapter 32 of this title.

     (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)

years and for not more than twenty (20) 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) nor

more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall

be revoked for a period of not less than five (5) years and may be permanently revoked. The If less

than a permanent revocation is imposed 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 pedestrian or a person riding a bicycle.

     SECTION 3. 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 -- THE MATTHEW O'GARA ACT OF 2022

***

     This act would increase the penalties for a first offense of leaving the scene of an accident

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

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

     This act would take effect upon passage.

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