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.)