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