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§31-26-1  Duty to stop in accidents resulting in personal injury. –


Published: 2015

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TITLE 31

Motor and Other vehicles

CHAPTER 31-26

Accidents and Accident Reports

SECTION 31-26-1



   § 31-26-1  Duty to stop in accidents

resulting in personal injury. –

(a) The driver of any vehicle knowingly involved in an accident resulting in

injury to, serious bodily injury to, or death of any person shall immediately

stop the vehicle at the scene of the accident or as close to it as possible,

but shall then immediately return to and in every event shall remain at the

scene of the accident until he or she has fulfilled the requirements of §

31-26-3. A stop shall be made without obstructing traffic more than is

necessary.



   (b) Any person knowingly failing to stop or to comply with

the requirements under circumstances which result in injury to any person shall

upon conviction be punished by a mandatory loss of license for at least one

year and not more than five (5) years and imprisonment for not more than five

(5) years and/or fined up to five thousand dollars ($5,000).



   (c)(1) Any person knowingly failing to stop or to comply with

the requirements under circumstances which result in serious bodily injury to

any person shall upon conviction be punished as follows:



   (i) Every person convicted of a first violation shall be

punished by imprisonment for not less than one year and for not more than ten

(10) years and by a fine of not less than one thousand dollars ($1,000), nor

more than five thousand dollars ($5,000). The sentencing judge shall have the

discretion to sentence the person to any unit of the adult correctional

institutions. Additionally, the license of the person shall be revoked for a

period of up to two (2) years. The license privilege shall not be reinstated

until evidence satisfactory to the administrator of the division of motor

vehicles establishes that no grounds exist which would authorize refusal to

issue a license and until the person gives proof of financial responsibility

pursuant to chapter 32 of this title.



   (ii) For a second or subsequent conviction under this

subsection within a five (5) year period, a person shall be punished by

imprisonment for not less than two (2) years nor more than fifteen (15) years

and by a fine of not less than three thousand dollars ($3,000) nor more than

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

to sentence the person to any unit of the adult correctional institutions.

Additionally, the license of the person shall be revoked for a period of up to

four (4) years. The license privilege shall not be reinstated until evidence

satisfactory to the administrator of the division of motor vehicles establishes

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

until the person gives proof of financial responsibility pursuant to chapter 32

of this title.



   (2) As used in this subsection, "serious bodily injury" means

physical injury that creates a substantial risk of death or causes serious

physical disfigurement or protracted loss or impairment of the function of any

bodily member or organ.



   (d) Any person knowingly failing to stop or to comply with

the requirements under circumstances which result in the death of any person,

shall upon conviction be punished pursuant to the provisions of this subsection

as follows:



   (1) Every person convicted of a first violation of this

subsection shall be punished by imprisonment in the state prison for not less

than two (2) years and for not more than fifteen (15) years, in any unit of the

adult correctional institutions in the discretion of the sentencing judge, by a

fine of not less than five thousand dollars ($5,000) nor more than ten thousand

dollars ($10,000), and his or her license to operate a motor vehicle shall be

revoked for a period of three (3) years. The license privilege shall not be

reinstated until evidence satisfactory to the administrator of the division of

motor vehicles establishes that no grounds exist which would authorize the

refusal to issue a license, and until the person gives proof of financial

responsibility pursuant to chapter 32 of this title.



   (2) Every person convicted of a second or subsequent

violation of this subsection within a five (5) year period shall be punished by

imprisonment in the state prison for not less than five (5) years and for not

more than twenty (20) years, in any unit of the adult correctional institutions

in the discretion of the sentencing judge, by a fine of not less than ten

thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and

his or her license to operate a motor vehicle shall be revoked for a period of

five (5) years. The license privilege shall not be reinstated until evidence

satisfactory to the administrator of the division of motor vehicles establishes

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

until the person gives proof of financial responsibility pursuant to chapter 32

of this title.



   (e) This section shall apply in its entirety to any driver of

a motor vehicle knowingly involved in an accident with a person riding a

bicycle.



History of Section.

(P.L. 1950, ch. 2595, art. 23, § 1; P.L. 1950 (s.s.), ch. 2639, § 2;

G.L. 1956, § 31-26-1; P.L. 1978, ch. 208, § 1; P.L. 1981, ch. 305,

§ 1; P.L. 1995, ch. 138, § 1; P.L. 2006, ch. 585, § 1; P.L.

2012, ch. 309, § 1; P.L. 2012, ch. 354, § 1.)