2013 -- H 5659

=======

LC01347

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Representatives MacBeth, McLaughlin, Marshall, and McNamara

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

the capability to cut or stab another.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

institution:

2-3

      (1) Firearm instruction and/or safety courses;

2-4

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

2-5

      (3) Interscholastic shooting and/or marksmanship events;

2-6

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

2-7

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

2-8

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

2-9

colleges.

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

the capability to cut or stab another.

2-17

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

2-18

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

2-19

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

2-20

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

2-21

incurred or imposed as a result of making the report.

2-22

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

2-23

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

2-24

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

2-25

officials who deal directly with the student.

2-26

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

2-27

activities are officially recognized and sanctioned by the educational institution:

2-28

      (1) Firearm instructed and/or safety course;

2-29

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

2-30

      (3) Interscholastic shooting and/or marksmanship events;

2-31

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

2-32

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

2-33

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

2-34

colleges.

3-1

     SECTION 2. This act shall take effect upon passage.

=======

LC01347

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

4-1

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

4-2

     This act would take effect upon passage.

=======

LC01347

=======