Chapter 06-585

Chapter 585

2006 -- H 7224

Enacted 07/14/06

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

Introduced By: Representatives Gallison, Moran, Sullivan, Kilmartin, and Lewiss

Date Introduced: February 14, 2006

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 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).

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 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 may be revoked for a period of up to two (2) 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 may be

revoked for a period of up to four (4) 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) 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) nor more than ten thousand dollars

($10,000), and his or her license to operate a motor vehicle shall be revoked for a period of three

(3) 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.

(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 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.

SECTION 2. Chapter 31-26 of the General Laws entitled "Accidents and Accident

Reports" is hereby amended by adding thereto the following section:

31-26-3.3. Duty to stop in accidents involving motor vehicles and bicycles not

resulting in serious bodily injury or death -- Duty to give information and render aid --

Penalty. – (a) The driver of any vehicle knowingly involved in an accident with a person riding a

bicycle shall immediately stop the vehicle at the scene of the accident or as close to it as possible,

and shall immediately return to and in every event shall remain at the scene of the accident. The

driver shall render to any person injured or struck in an accident reasonable assistance, and shall

immediately, by the quickest means of communication known to the driver or which should have

reasonably been known to the driver to be available in the locality, give notice of the accident to a

nearby office of local or state police. In the event the office so notified does not have jurisdiction

of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately

give notice of the accident to the office having jurisdiction.

(b) The officer receiving the notice set forth in subsection (a) of this section shall, if the

circumstances reasonably require, immediately dispatch an ambulance or emergency medical

service to the scene of the accident. Any police or fire department responding to a call for

emergency medical service or assistance to a person injured in an accident shall continue to the

locale of the accident even though it is outside the jurisdiction of the department and shall render

any emergency service that is reasonably necessary.

registration number of the vehicle the driver is driving and shall exhibit his/her operator's or

chauffeur's license to the person struck, but in any event shall remain at the scene of the accident

until he/she has fulfilled the requirements of section 31-26-3.

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

shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred

dollars ($500) nor more than one thousand dollars ($1,000), and may have his or her driver's

license or operating privilege in this state suspended for up to six (6) months.

SECTION 3. This act shall take effect upon passage.

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LC01207

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