2012 -- H 7538

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LC01229

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives MacBeth, McLaughlin, Menard, Tomasso, and McNamara

     Date Introduced: February 15, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-47-60 and 11-47-60.2 of the General Laws in Chapter 11-47

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entitled "Weapons" are hereby amended to read as follows:

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     11-47-60. Possession of firearms on school grounds. -- (a) (1) No person shall have in

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his or her possession any firearm or other weapons on school grounds.

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      (2) For the purposes of this section, "school grounds" means the property of a public or

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private elementary or secondary school or in those portions of any building, stadium, or other

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structure on school grounds which were, at the time of the violation, being used for an activity

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sponsored by or through a school in this state or while riding school provided transportation.

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     (3) For the purposes of this section, “weapon” shall include a knife of any length that has

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the capability to cut or stab another.

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     (3)(4) Every person violating the provisions of this section shall, upon conviction, be

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sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be

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fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

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      (4)(5) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to

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whatever other penalties are imposed by the family court, lose his or her license to operate a

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motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to

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obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain

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the license when eligible to do so, for a period of up to six (6) months.

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      (b) The provisions of this section shall not apply to any person who shall be exempt

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pursuant to the provisions of sections 11-47-9, 11-47-11, and 11-47-18 or to the following

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activities when the activities are officially recognized and sanctioned by the educational

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institution:

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      (1) Firearm instruction and/or safety courses;

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      (2) Government-sponsored military-related programs such as ROTC;

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      (3) Interscholastic shooting and/or marksmanship events;

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      (4) Military history and firearms collection courses and/or programs; and

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      (5) The use of blank guns in theatrical and/or athletic events.

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      (c) The provisions of this section shall not apply to colleges, universities, or junior

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colleges.

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     11-47-60.2. Possession of weapons on school grounds -- Notification. -- (a) If a student

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is found to be carrying a weapon, as defined in section 11-47-42, a firearm or replica of a firearm,

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or commits an aggravated assault on school grounds as defined in section 11-47-60, the principal

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or designee shall immediately notify the student's parents and the local police and turn the

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weapon over, if any, to the local enforcement agency.

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     (b) For the purposes of this section, “weapon” shall include a knife of any length that has

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the capability to cut or stab another.

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     (b)(c) Any person who has reasonable cause to know that any person is in violation of

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this statute shall notify the principal or designee. The principal or designee shall immediately

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notify the student's parents and the local police. Any person acting in good faith who makes a

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report under this section shall have immunity from any civil liability that might otherwise be

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incurred or imposed as a result of making the report.

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      (c)(d) School superintendents shall receive notice from the clerk of the family court

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regarding the disposition of all cases involving juveniles from their school districts adjudged

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pursuant to this statute. This information shall remain confidential and be shared with school

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officials who deal directly with the student.

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      (d)(e) The provisions of this section should not apply to the following activities when the

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activities are officially recognized and sanctioned by the educational institution:

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      (1) Firearm instructed and/or safety course;

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      (2) Government-sponsored military-related programs such as ROTC;

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      (3) Interscholastic shooting and/or marksmanship events;

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      (4) Military history and firearms collection courses and/or programs; and

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      (5) The use of blank guns in theatrical and/or athletic events.

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      (e) The provisions of this section shall not apply to colleges, universities or junior

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colleges.

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     SECTION 2. This act shall take effect upon passage.

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LC01229

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

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     This act would prohibit the possession of knives of any length on school grounds.

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     This act would take effect upon passage.

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LC01229

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