2025 -- H 5638
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LC002192
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- ACCIDENTS AND ACCIDENT
REPORTS
Introduced By: Representatives Serpa, Noret, and Fellela
Date Introduced: February 26, 2025
Referred To: House Judiciary
(Attorney General)
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 1
and Accident Reports" is hereby amended to read as follows: 2
31-26-1. Duty to stop in accidents resulting in personal injury. 3
(a) The driver of any vehicle knowingly involved in an accident resulting in injury to, 4
serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of 5
the accident or as close to it as possible, but shall then immediately return to and in every event 6
shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-7
3. A stop shall be made without obstructing traffic more than is necessary. 8
(b) Any person knowingly failing to stop or to comply with the requirements under 9
circumstances which result in injury to any person shall upon conviction be punished by a 10
mandatory loss of license for at least one year and not more than five (5) years and imprisonment 11
for not more than five (5) years and/or fined up to five thousand dollars ($5,000). 12
(c)(1) Any person knowingly failing to stop or to comply with the requirements under 13
circumstances which result in serious bodily injury to any person shall upon conviction be punished 14
as follows: 15
(i) Every person convicted of a first violation shall be punished by imprisonment for not 16
less than one year and for not more than ten (10) fifteen (15) years and by a fine of not less than 17
one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge 18
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shall have the discretion to sentence the person to any unit of the adult correctional institutions. 1
Additionally, the license of the person shall be revoked for a period of up to at least two (2) years 2
and not more than ten (10) years. The license privilege shall not be reinstated until evidence 3
satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 4
which would authorize refusal to issue a license and until the person gives proof of financial 5
responsibility pursuant to chapter 32 of this title. 6
(ii) For a second or subsequent conviction under this subsection within a five (5) year 7
period, a person shall be punished by imprisonment for not less than two (2) years nor more than 8
fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten 9
thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person 10
to any unit of the adult correctional institutions. Additionally, the license of the person shall be 11
revoked for a period of up to four (4) years. The license privilege shall not be reinstated until 12
evidence satisfactory to the administrator of the division of motor vehicles establishes that no 13
grounds exist which would authorize refusal to issue a license and until the person gives proof of 14
financial responsibility pursuant to chapter 32 of this title. 15
(2) As used in this subsection, “serious bodily injury” means physical injury that creates a 16
substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 17
of the function of any bodily member or organ. 18
(d) Any person knowingly failing to stop or to comply with the requirements under 19
circumstances which result in the death of any person, shall upon conviction be punished pursuant 20
to the provisions of this subsection as follows: 21
(1) Every person convicted of a first violation of this subsection shall be punished by 22
imprisonment in the state prison for not less than two (2) five (5) years and for not more than fifteen 23
(15) thirty (30) years, in any unit of the adult correctional institutions in the discretion of the 24
sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten 25
thousand dollars ($10,000), and his or her license to operate a motor vehicle shall be revoked for a 26
period of three (3) years. The at least five (5) years and may be permanently revoked. If less than a 27
permanent revocation is imposed, the license privilege shall not be reinstated until evidence 28
satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 29
which would authorize the refusal to issue a license, and until the person gives proof of financial 30
responsibility pursuant to chapter 32 of this title. 31
(2) Every person convicted of a second or subsequent violation of this subsection within a 32
five (5) year period shall be punished by imprisonment in the state prison for not less than five (5) 33
years and for not more than twenty (20) years, in any unit of the adult correctional institutions in 34
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the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor 1
more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall 2
be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence 3
satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 4
which would authorize the refusal to issue a license, and until the person gives proof of financial 5
responsibility pursuant to chapter 32 of this title. 6
(e) This section shall apply in its entirety to any driver of a motor vehicle knowingly 7
involved in an accident with a pedestrian or a person riding a bicycle. 8
SECTION 2. Sections 31-27-1, 31-27-1.1, 31-27-2.2 and 31-27-2.6 of the General Laws 9
in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 10
31-27-1. Driving so as to endanger, resulting in death. 11
(a) When the death of any person ensues as a proximate result of an injury received by the 12
operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-13
27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 14
death”. 15
(b) Any person charged with the commission of this offense shall upon conviction be 16
imprisoned for not more than ten (10) thirty (30) years and have his or her license to operate a 17
motor vehicle suspended for no more than five (5) years revoked for a period of at least five (5) 18
years, and may be permanently revoked. If less than a permanent revocation is imposed, the license 19
privilege shall not be reinstated until evidence satisfactory to the administrator of the division of 20
motor vehicles establishes that no grounds exist which would authorize the refusal to issue a 21
license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this 22
title. 23
31-27-1.1. Driving so as to endanger, resulting in serious personal injury Driving so 24
as to endanger, resulting in serious personal bodily injury. 25
(a) When the serious bodily injury of any person ensues as a proximate result of the 26
operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27
27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in 28
serious bodily injury”. 29
(b) “Serious bodily injury” means physical injury that creates a substantial risk of death or 30
causes serious permanent disfigurement or protracted loss or impairment of the function of any 31
bodily member or organ. 32
(c) Any person charged with a violation of this section shall upon conviction be imprisoned 33
for not more than five (5) fifteen (15) years and have his or her license to operate a motor vehicle 34
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suspended for no more than three (3) years a period of at least two (2) years and not more than ten 1
(10) years. 2
31-27-2.2. Driving under the influence of liquor or drugs, resulting in death. 3
(a) When the death of any person other than the operator ensues as a proximate result of an 4
injury received by the operation of any vehicle, the operator of which is under the influence of any 5
intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any 6
combination of these, the person so operating the vehicle shall be guilty of “driving under the 7
influence of liquor or drugs, resulting in death”. 8
(b) Any person charged with the commission of the offense set forth in subsection (a) of 9
this section shall, upon conviction, be punished as follows: 10
(1)(i) Every person convicted of a first violation shall be punished by imprisonment in the 11
state prison for not less than five (5) years and for not more than fifteen (15) thirty (30) years, in 12
any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of 13
not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his 14
or her license to operate a motor vehicle shall be revoked for a period of at least five (5) years. The, 15
and may be permanently revoked. If less than a permanent revocation is imposed, 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 the refusal to issue a 18
license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this 19
title. 20
(ii)(1) In addition, the person convicted may be required to successfully complete alcohol 21
or drug treatment in a program of their choice, at their own expense, as authorized by a judge of 22
the superior court, and may successfully complete the program before any license to operate a 23
motor vehicle is renewed. 24
(2) Every person convicted of a second or subsequent violation within a five (5) year period 25
in this state or any other state, provided the out-of-state conviction was based on the same blood-26
alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison 27
for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult 28
correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten 29
thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license 30
to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person 31
convicted may be required to successfully complete alcohol or drug treatment, at their own expense, 32
in a program established by the director of the department of corrections. The license privilege shall 33
not be reinstated whether the convictions occurred in this or any other state until evidence 34
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satisfactory to the superior court, following a hearing establishes that no grounds exist which would 1
authorize the refusal to issue a license, and until the person gives proof of financial responsibility 2
pursuant to chapter 32 of this title. 3
31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily 4
injury. 5
(a) When serious bodily injury of any person other than the operator is caused by the 6
operation of any motor vehicle, the operator of which is under the influence of any intoxicating 7
liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination 8
of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor 9
or drugs, resulting in serious bodily injury. 10
(b) As used in this section, “serious bodily injury” means physical injury that creates a 11
substantial risk of death or causes serious physical disfigurement or protracted loss or impairment 12
of the function of any bodily member or organ. 13
(c) Any person charged with the commission of the offense set forth in subsection (a) of 14
this section shall, upon conviction, be punished by imprisonment for not less than one year and for 15
not more than ten (10) fifteen (15) years and by a fine of not less than one thousand dollars ($1,000) 16
nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to 17
sentence the person to any unit of the adult correctional institutions. The license of the person may 18
be revoked for a period of up to two (2) at least two (2) years and not more than ten (10) years. The 19
license privilege shall not be reinstated until evidence satisfactory to the administrator of the 20
division of motor vehicles establishes that no grounds exist which would authorize refusal to issue 21
a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this 22
title. In addition, the person convicted may be required to successfully complete alcohol or drug 23
treatment, at their own expense, in a program established by the director of the department of 24
corrections. 25
(d) For a second or subsequent conviction under this section within a five (5) year period, 26
a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen 27
(15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand 28
dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit 29
of the adult correctional institutions. In addition, the person convicted may be required to 30
successfully complete alcohol or drug treatment, at their own expense, in a program established by 31
the director of the department of corrections. The license of the person may be revoked for a period 32
of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence 33
satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist 34
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which would authorize refusal to issue a license and until the person gives proof of financial 1
responsibility pursuant to chapter 32 of this title. 2
SECTION 3. This act shall take effect upon passage. 3
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- ACCIDENTS AND ACCIDENT
REPORTS
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This act would provide for a single, increased range of penalties for all driving offenses 1
which result in serious bodily injury or death. 2
This act would take effect upon passage. 3
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LC002192
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