Rhode Island 2023 Regular Session

Rhode Island House Bill H5699 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5699
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7	7	LC001143
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MOTOR AN D OTHER VEHICLES -- THE MATTHEW O'GARA A CT OF
16	16	2022
17	17	Introduced By: Representatives Noret, Casimiro, Corvese, Finkelman, O'Brien, Serpa,
18	18	Vella-Wilkinson, Shanley, Baginski, and Nardone
19	19	Date Introduced: February 17, 2023
20	20	Referred To: House Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. This act shall be known and may be cited as the "Matthew O'Gara Act of 1
25	25	2022." 2
26	26	SECTION 1. Section 31-26-1 of the General Laws in Chapter 31-26 entitled "Accidents 3
27	27	and Accident Reports" is hereby amended to read as follows: 4
28	28	31-26-1. Duty to stop in accidents resulting in personal injury Duty to stop in accidents 5
29	29	resulting in personal injury -- The Matthew O'Gara Act of 2022. 6
30	30	(a) The driver of any vehicle knowingly involved in an accident resulting in injury to, 7
31	31	serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of 8
32	32	the accident or as close to it as possible, but shall then immediately return to and in every event 9
33	33	shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-10
34	34	3. A stop shall be made without obstructing traffic more than is necessary. 11
35	35	(b) Any person knowingly failing to stop or to comply with the requirements under 12
36	36	circumstances which result in injury to any person shall upon conviction be punished by a 13
37	37	mandatory loss of license for at least one year and not more than five (5) years and imprisonment 14
38	38	for not less than eighteen (18) months and not more than five (5) years, and/or fined plus a fine of 15
39	39	up to five thousand dollars ($5,000). 16
40	40	(c)(1) Any person knowingly failing to stop or to comply with the requirements under 17
41	41	circumstances which result in serious bodily injury to any person shall upon conviction be punished 18
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45	45	as follows: 1
46	46	(i) Every person convicted of a first violation shall be punished by imprisonment for not 2
47	47	less than one year eighteen (18) months and for not more than ten (10) years and by a fine of not 3
48	48	less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The 4
49	49	sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional 5
50	50	institutions. Additionally, the license of the person shall be revoked for a period of up to at least 6
51	51	two (2) years and not more than ten (10) years. The license privilege shall not be reinstated until 7
52	52	evidence satisfactory to the administrator of the division of motor vehicles establishes that no 8
53	53	grounds exist which would authorize refusal to issue a license and until the person gives proof of 9
54	54	financial responsibility pursuant to chapter 32 of this title. 10
55	55	(ii) For a second or subsequent conviction under this subsection within a five (5) year 11
56	56	period, a person shall be punished by imprisonment for not less than two (2) years nor more than 12
57	57	fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten 13
58	58	thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person 14
59	59	to any unit of the adult correctional institutions. Additionally, the license of the person shall be 15
60	60	revoked for a period of up to at least four (4) years and not more than fifteen (15) years. The license 16
61	61	privilege shall not be reinstated until evidence satisfactory to the administrator of the division of 17
62	62	motor vehicles establishes that no grounds exist which would authorize refusal to issue a license 18
63	63	and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. 19
64	64	(2) As used in this subsection, “serious bodily injury” means physical injury that creates a 20
65	65	substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 21
66	66	of the function of any bodily member or organ. 22
67	67	(d) Any person knowingly failing to stop or to comply with the requirements under 23
68	68	circumstances which result in the death of any person, shall upon conviction be punished pursuant 24
69	69	to the provisions of this subsection as follows: 25
70	70	(1) Every person convicted of a first violation of this subsection shall be punished by 26
71	71	imprisonment in the state prison for not less than two (2) five (5) years and for not more than fifteen 27
72	72	(15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, 28
73	73	by a fine of not less than five thousand dollars ($5,000) ten thousand dollars ($10,000) nor more 29
74	74	than ten thousand dollars ($10,000) twenty thousand dollars ($20,000), and his or her license to 30
75	75	operate a motor vehicle shall be revoked for a period of three (3) not less than five (5) years and 31
76	76	not more than fifteen (15) years. The license privilege shall not be reinstated until evidence 32
77	77	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 33
78	78	which would authorize the refusal to issue a license, and until the person gives proof of financial 34
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82	82	responsibility pursuant to chapter 32 of this title. 1
83	83	(2) Every person convicted of a second or subsequent violation of this subsection within a 2
84	84	five (5) year period shall be punished by imprisonment in the state prison for not less than five (5) 3
85	85	years and for not more than twenty (20) years, in any unit of the adult correctional institutions in 4
86	86	the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor 5
87	87	more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall 6
88	88	be revoked for a period of not less than five (5) years and may be permanently revoked. The If less 7
89	89	than a permanent revocation is imposed the license privilege shall not be reinstated until evidence 8
90	90	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 9
91	91	which would authorize the refusal to issue a license, and until the person gives proof of financial 10
92	92	responsibility pursuant to chapter 32 of this title. 11
93	93	(e) This section shall apply in its entirety to any driver of a motor vehicle knowingly 12
94	94	involved in an accident with a pedestrian or a person riding a bicycle. 13
95	95	SECTION 2. This act shall take effect upon passage. 14
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102	102	EXPLANATION
103	103	BY THE LEGISLATIVE COUNCIL
104	104	OF
105	105	A N A C T
106	106	RELATING TO MOTOR AN D OTHER VEHICLES -- THE MATTHEW O'GARA A CT OF
107	107	2022
108	108	***
109	109	This act would increase the penalties for a first offense of leaving the scene of an accident 1
110	110	resulting in death to a minimum five (5) years in incarceration, a minimum of ten thousand dollars 2
111	111	($10,000) and a minimum license revocation of five (5) years. 3
112	112	This act would take effect upon passage. 4
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114	114	LC001143
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