2023 -- H 6028

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LC002077

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     

     Introduced By: Representatives Serpa, and Cardillo

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     (Attorney General)

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 § 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 punished

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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) fifteen (15) years and by a fine of not less than

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

 

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shall have 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 at least two (2) years

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and not more than ten (10) years. The license privilege shall not be reinstated until evidence

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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist

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which would authorize 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.

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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 pursuant

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

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judge, by 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 at least five (5) years and may be permanently revoked. If less than a permanent

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revocation is imposed, 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 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) nor

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

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

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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist

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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.

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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 pedestrian or a person riding a bicycle.

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     SECTION 2. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws

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in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

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     31-27-1. Driving so as to endanger, resulting in death.

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     (a) When the death of any person ensues as a proximate result of an injury received by the

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operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-

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27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in

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death”.

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     (b) Any person charged with the commission of this offense shall upon conviction be

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imprisoned for not more than ten (10) thirty (30) years and have his or her license to operate a

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motor vehicle suspended for no more than five (5) years revoked for a period of at least five (5)

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years, and may be permanently revoked. If less than a permanent revocation is imposed, the license

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

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motor vehicles establishes that no grounds exist which would authorize the refusal to issue a

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license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this

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title.

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     31-27-1.1. Driving so as to endanger, resulting in serious personal injury Driving so

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as to endanger, resulting in serious personal bodily injury.

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     (a) When the serious bodily injury of any person ensues as a proximate result of the

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operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-

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27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in

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serious bodily injury”.

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     (b) “Serious bodily injury” means physical injury that creates a substantial risk of death or

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causes serious permanent disfigurement or protracted loss or impairment of the function of any

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bodily member or organ.

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     (c) Any person charged with a violation of this section shall upon conviction be imprisoned

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for not more than five (5) fifteen (15) years and have his or her license to operate a motor vehicle

 

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suspended for no more than three (3) years a period of at least two (2) years and not more than ten

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(10) years.

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     31-27-2.2. Driving under the influence of liquor or drugs, resulting in death.

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     (a) When the death of any person other than the operator ensues as a proximate result of an

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injury received by the operation of any vehicle, the operator of which is under the influence of any

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intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any

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combination of these, the person so operating the vehicle shall be guilty of “driving under the

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influence of liquor or drugs, resulting in death”.

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     (b) Any person charged with the commission of the offense set forth in subsection (a) of

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this section shall, upon conviction, be punished as follows:

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     (1)(i) Every person convicted of a first violation shall be punished by imprisonment in the

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state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, in

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

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not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his

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or her license to operate a motor vehicle shall be revoked for a period of at least five (5) years. The

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, and may be permanently revoked. If less than a permanent revocation is imposed, the license

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

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motor vehicles establishes that no grounds exist which would authorize the refusal to issue a

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license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this

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title.

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     (ii)(1) In addition, the person convicted may be required to successfully complete alcohol

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or drug treatment in a program of their choice, at their own expense, as authorized by a judge of

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the superior court, and may successfully complete the program before any license to operate a

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motor vehicle is renewed.

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     (2) Every person convicted of a second or subsequent violation within a five (5) year period

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in this state or any other state, provided the out-of-state conviction was based on the same blood-

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alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison

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for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult

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

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thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license

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to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person

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convicted may be required to successfully complete alcohol or drug treatment, at their own expense,

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in a program established by the director of the department of corrections. The license privilege shall

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not be reinstated whether the convictions occurred in this or any other state until evidence

 

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satisfactory to the superior court, following a hearing 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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     31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily

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injury.

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     (a) When serious bodily injury of any person other than the operator is caused by the

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operation of any motor vehicle, the operator of which is under the influence of any intoxicating

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liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination

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of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor

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or drugs, resulting in serious bodily injury.

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     (b) As used in this section, “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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     (c) Any person charged with the commission of the offense set forth in subsection (a) of

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this section shall, upon conviction, be punished by imprisonment for not less than one year and for

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not more than ten (10) fifteen (15) years and by a fine of not less than one thousand dollars ($1,000)

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

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sentence the person to any unit of the adult correctional institutions. The license of the person may

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be revoked for a period of up to two (2) at least two (2) years and not more than ten (10) 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 issue

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

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title. In addition, the person convicted may be required to successfully complete alcohol or drug

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treatment, at their own expense, in a program established by the director of the department of

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corrections.

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     (d) For a second or subsequent conviction under this section within a five (5) year period,

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

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

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

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of the adult correctional institutions. In addition, the person convicted may be required to

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successfully complete alcohol or drug treatment, at their own expense, in a program established by

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the director of the department of corrections. The license of the person may be revoked for a period

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of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence

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satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist

 

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which would authorize 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.

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     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

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     This act would provide for a single, increased range of penalties for all driving offenses

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which result in serious bodily injury or death.

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     This act would take effect upon passage.

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LC002077

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