2012 -- S 2138

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LC00096

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     Introduced By: Senators E O`Neill, Jabour, Metts, Cote, and Bates

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-26-1 and 31-26-2 of the General Laws in Chapter 31-26

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entitled "Accidents and Accident Reports" are hereby amended to read as follows:

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     31-26-1. Duty to stop in accidents resulting in personal injury. -- (a) The driver of any

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vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death

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of any person shall immediately stop the vehicle at the scene of the accident or as close to it as

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possible, but shall then immediately return to and in every event shall remain at the scene of the

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accident until he or she has fulfilled the requirements of section 31-26-3. A stop shall be made

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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 two (2) years and for not more than ten (10) years and by a fine of not less than

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one thousand dollars ($1,000) five thousand dollars ($5,000), nor more than five thousand dollars

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($5,000) ten thousand dollars ($10,000). The sentencing judge shall have the discretion to

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sentence the person to any unit of the adult correctional institutions. Additionally, the license of

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the person may be revoked for a period of up to two (2) five (5) years. The license privilege shall

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not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles

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establishes that no grounds exist which would authorize refusal to issue a license and until the

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person gives proof of financial responsibility pursuant to chapter 32 of this title, and all liens and

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judgments are satisfied.

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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) five (5) years nor

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more than fifteen (15) twenty-five (25) years and by a fine of not less than three thousand dollars

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($3,000) ten thousand dollars ($10,000) nor more than ten thousand dollars ($10,000) thirty

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thousand dollars ($30,000). 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 may be

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revoked for a period of up to four (4) ten (10) years. The license privilege shall not be reinstated

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until evidence satisfactory to the administrator of the division of motor vehicles establishes that

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no grounds exist which would authorize refusal to issue a license and until the person gives proof

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of 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

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

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

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

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dollars ($15,000) nor more than ten thousand dollars ($10,000) fifty thousand dollars ($50,000),

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and his or her license to operate a motor vehicle shall be revoked for a period of three (3) ten (10)

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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, and all liens and judgments are satisfied.

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

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

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(5) twenty (20) years and for not more than twenty (20) sixty (60) 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) thirty thousand dollars ($30,000) nor more than twenty thousand

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dollars ($20,000) one hundred thousand dollars ($100,000) and his or her license to operate a

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motor vehicle shall be permanently revoked for a period of five (5) years. The license privilege

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

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vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and

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until the person gives 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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     31-26-2. Duty to stop in accidents resulting in damage to vehicle. -- The driver of any

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vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven

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or attended by any person shall immediately stop the vehicle at the scene of the accident or as

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close to it as possible, but shall immediately return to and in every event shall remain at the scene

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of the accident until he or she has fulfilled the requirements of section 31-26-3. A stop shall be

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made without obstructing traffic more than is necessary. Any person failing to stop or comply

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with these requirements under the circumstances shall be guilty of a misdemeanor felony and

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shall be punished by a fine of not less than five hundred dollars ($500) one thousand dollars

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($1,000) nor more than one thousand dollars ($1,000) five thousand dollars ($5,000), and/or his

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or her driver's license or operating privilege in the state may be suspended for a period up to six

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(6) months one year, and/or he or she may be imprisoned for a period not to exceed 6 months one

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year.

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     SECTION 2. This act shall take effect upon passage.

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LC00096

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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 and fines for the various motor vehicle offenses

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involving leaving the scene of an accident.

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     This act would take effect upon passage.

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LC00096

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