Chapter 309
2012 -- H 7467 SUBSTITUTE A
Enacted 06/20/12
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES - ACCIDENTS AND ACCIDENT
REPORTS
Introduced By: Representatives Hearn, Edwards, and Ruggiero
Date Introduced: February 09, 2012
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).
(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 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 shall 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 shall
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. This act shall take effect upon passage.
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LC00126/SUB A
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