2012 -- H 7843

=======

LC02000

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Representatives Tarro, Carnevale, Medina, Williams, and Hull

     Date Introduced: February 28, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 12-19 of the General Laws entitled "Sentence and Execution" is

1-2

hereby amended by adding thereto the following section:

1-3

     12-19-39. Criminal street gang enhancement. – (a) "Criminal street gang" means an

1-4

ongoing organization, association, or group of three (3) or more persons, whether formal or

1-5

informal, having as one of its primary activities the commission of criminal or delinquent acts;

1-6

having an identifiable name or common identifiable signs, colors or symbols; and whose

1-7

members individually or collectively engage in or have engaged in a pattern of criminal gang

1-8

activity.

1-9

     (b) Any person who is convicted of any felony or misdemeanor or attempted felony or

1-10

misdemeanor that is knowingly committed for the benefit, at the direction of, or in association

1-11

with any criminal street gang or criminal street gang member, with the intent to promote, further,

1-12

or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang

1-13

members, in addition and consecutive to the sentence provided for the commission of the

1-14

underlying offense, shall be subject to the following:

1-15

     (1) A person who is convicted of a misdemeanor shall be imprisoned for an additional

1-16

term of not more than one year.

1-17

     (2) A person who is convicted of a felony shall be imprisoned for an additional term of

1-18

not more than one half (1/2) of the maximum term of imprisonment of the underlying offense.

1-19

     (3) A person who is convicted of a felony punishable by life imprisonment shall not be

1-20

paroled until a minimum of fifteen (15) calendar years have been served in the custody of the

2-1

department of corrections.

2-2

     (4) If the underlying offense is a felony and committed on the grounds of or within one

2-3

thousand feet (1,000’) of a public or private elementary, secondary, postsecondary or vocational

2-4

school, or any public or private two (2) year or four (4) year institution of higher education, or on

2-5

any school bus, the extended term shall not be more than four (4) years.

2-6

     (c) This section does not create a separate offense, but provides an additional enhanced

2-7

sentence for the underlying offense.

2-8

     (d) The enhanced sentence provided in this section shall run consecutively to the sentence

2-9

provided for the underlying offense.

2-10

     (e) The imposition or execution of the sentence provided in this section may not be

2-11

suspended.

2-12

     SECTION 2. This act shall take effect upon passage.

=======

LC02000

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

***

3-1

     This act would provide that anyone who commits criminal acts as an informal or formal

3-2

member of a criminal street gang will be subject to enhanced penalties for the crime which will

3-3

run consecutive to the sentence and may not be suspended.

3-4

     This act would take effect upon passage.

=======

LC02000

=======