Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0331 Compare Versions

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

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5	5	2023 -- S 0331
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7	7	LC001854
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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	____________
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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: Senators Burke, LaMountain, McKenney, Raptakis, and Tikoian
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. This act shall be known and may be cited as the "Matthew O'Gara Act of 1
24	24	2022." 2
25	25	SECTION 1. Section 31-26-1 of the General Laws in Chapter 31-26 entitled "Accidents 3
26	26	and Accident Reports" is hereby amended to read as follows: 4
27	27	31-26-1. Duty to stop in accidents resulting in personal injury Duty to stop in accidents 5
28	28	resulting in personal injury -- The Matthew O'Gara Act of 2022. 6
29	29	(a) The driver of any vehicle knowingly involved in an accident resulting in injury to, 7
30	30	serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of 8
31	31	the accident or as close to it as possible, but shall then immediately return to and in every event 9
32	32	shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-10
33	33	3. A stop shall be made without obstructing traffic more than is necessary. 11
34	34	(b) Any person knowingly failing to stop or to comply with the requirements under 12
35	35	circumstances which result in injury to any person shall upon conviction be punished by a 13
36	36	mandatory loss of license for at least one year and not more than five (5) years and imprisonment 14
37	37	for not less than eighteen (18) months and not more than five (5) years, and/or fined plus a fine of 15
38	38	up to five thousand dollars ($5,000). 16
39	39	(c)(1) Any person knowingly failing to stop or to comply with the requirements under 17
40	40	circumstances which result in serious bodily injury to any person shall upon conviction be punished 18
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44	44	as follows: 1
45	45	(i) Every person convicted of a first violation shall be punished by imprisonment for not 2
46	46	less than one year eighteen (18) months and for not more than ten (10) years and by a fine of not 3
47	47	less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The 4
48	48	sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional 5
49	49	institutions. Additionally, the license of the person shall be revoked for a period of up to at least 6
50	50	two (2) years and not more than ten (10) years. The license privilege shall not be reinstated until 7
51	51	evidence satisfactory to the administrator of the division of motor vehicles establishes that no 8
52	52	grounds exist which would authorize refusal to issue a license and until the person gives proof of 9
53	53	financial responsibility pursuant to chapter 32 of this title. 10
54	54	(ii) For a second or subsequent conviction under this subsection within a five (5) year 11
55	55	period, a person shall be punished by imprisonment for not less than two (2) years nor more than 12
56	56	fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten 13
57	57	thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person 14
58	58	to any unit of the adult correctional institutions. Additionally, the license of the person shall be 15
59	59	revoked for a period of up to at least four (4) years and not more than fifteen (15) years. The license 16
60	60	privilege shall not be reinstated until evidence satisfactory to the administrator of the division of 17
61	61	motor vehicles establishes that no grounds exist which would authorize refusal to issue a license 18
62	62	and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. 19
63	63	(2) As used in this subsection, “serious bodily injury” means physical injury that creates a 20
64	64	substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 21
65	65	of the function of any bodily member or organ. 22
66	66	(d) Any person knowingly failing to stop or to comply with the requirements under 23
67	67	circumstances which result in the death of any person, shall upon conviction be punished pursuant 24
68	68	to the provisions of this subsection as follows: 25
69	69	(1) Every person convicted of a first violation of this subsection shall be punished by 26
70	70	imprisonment in the state prison for not less than two (2) five (5) years and for not more than fifteen 27
71	71	(15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, 28
72	72	by a fine of not less than five thousand dollars ($5,000) ten thousand dollars ($10,000) nor more 29
73	73	than ten thousand dollars ($10,000) twenty thousand dollars ($20,000), and his or her license to 30
74	74	operate a motor vehicle shall be revoked for a period of three (3) not less than five (5) years and 31
75	75	not more than fifteen (15) years. The license privilege shall not be reinstated until evidence 32
76	76	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 33
77	77	which would authorize the refusal to issue a license, and until the person gives proof of financial 34
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81	81	responsibility pursuant to chapter 32 of this title. 1
82	82	(2) Every person convicted of a second or subsequent violation of this subsection within a 2
83	83	five (5) year period shall be punished by imprisonment in the state prison for not less than five (5) 3
84	84	years and for not more than twenty (20) years, in any unit of the adult correctional institutions in 4
85	85	the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor 5
86	86	more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall 6
87	87	be revoked for a period of not less than five (5) years and may be permanently revoked. The If less 7
88	88	than a permanent revocation is imposed the license privilege shall not be reinstated until evidence 8
89	89	satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 9
90	90	which would authorize the refusal to issue a license, and until the person gives proof of financial 10
91	91	responsibility pursuant to chapter 32 of this title. 11
92	92	(e) This section shall apply in its entirety to any driver of a motor vehicle knowingly 12
93	93	involved in an accident with a pedestrian or a person riding a bicycle. 13
94	94	SECTION 2. This act shall take effect upon passage. 14
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101	101	EXPLANATION
102	102	BY THE LEGISLATIVE COUNCIL
103	103	OF
104	104	A N A C T
105	105	RELATING TO MOTOR AN D OTHER VEHICLES -- THE MATTHEW O'GARA A CT OF
106	106	2022
107	107	***
108	108	This act would increase the penalties for a first offense of leaving the scene of an accident 1
109	109	resulting in death to a minimum five (5) years in incarceration, a minimum of ten thousand dollars 2
110	110	($10,000) and a minimum license revocation of five (5) years. 3
111	111	This act would take effect upon passage. 4
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