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2013 -- S 0460 | |
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LC01585 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
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Introduced By: Senators Jabour, McCaffrey, Archambault, and Lombardi | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 12-19 of the General Laws entitled "Sentence and Execution" is |
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hereby amended by adding thereto the following section: |
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12-19-39. Criminal street gang enhancement. -- (a) "Criminal street gang" means an |
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ongoing organization, association, or group of three (3) or more persons, whether formal or |
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informal, having as one of its primary activities the commission of criminal or delinquent acts; |
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having an identifiable name or common identifiable signs, colors or symbols; and whose |
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members individually or collectively engage in or have engaged in a pattern of criminal gang |
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activity. |
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(b) Any person who is convicted of any felony or misdemeanor that is knowingly |
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committed for the benefit, at the direction of, or in association with any criminal street gang or |
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criminal street gang member, with the intent to promote, further, or assist in the affairs of a |
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criminal street gang or criminal conduct by criminal street gang members, in addition to the |
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sentence provided for the commission of the underlying offense, shall be subject to the following: |
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(1) A person who is convicted of a misdemeanor shall be imprisoned for an additional |
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term of not more than one year. |
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(2) A person who is convicted of a felony shall be imprisoned for an additional term of |
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not more than ten (10) years. |
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(c) Whenever it appears that a person may be subject to the enhanced sentence in this |
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section, the prosecuting agency, in no case later than the first pretrial conference, shall file with |
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the court a notice specifying that the defendant, upon conviction, is subject to the imposition of |
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sentencing in accordance with this section. |
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(d) For misdemeanor offenses, upon any plea of guilty or nolo contendere or verdict or |
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finding of guilty of the defendant, the district court shall conduct a sentencing hearing. At the |
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hearing, the court shall permit the prosecuting agency and the defense to present additional |
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evidence relevant to the determination of whether the defendant knowingly committed the offense |
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for the benefit, at the direction of, or in association with any criminal street gang or criminal |
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street gang member, with the intent to promote, further, or assist in the affairs of a criminal street |
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gang or criminal conduct by criminal street gang members. If the finder of fact at the hearing, or |
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in the case of a plea of guilty or nolo contendere, the district court at sentencing, determines |
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beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be |
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sentenced as provided in subsection (b). |
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(e) For felony offenses and for misdemeanor offenses in which the defendant claims a |
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jury trial either in the first instance or by appeal, upon any plea of guilty or nolo contendere or |
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verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the |
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hearing, the court shall permit the prosecuting agency and the defense to present additional |
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evidence to the jury relevant to the determination of whether the defendant knowingly committed |
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the offense for the benefit, at the direction of, or in association with any criminal street gang or |
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criminal street gang member, with the intent to promote, further, or assist in the affairs of a |
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criminal street gang or criminal conduct by criminal street gang members. If the jury at the |
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hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines |
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beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be |
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sentenced as provided in subsection (b). |
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(f) This section does not create a separate offense but provides an additional enhanced |
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sentence for the underlying offense. |
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(g) The enhanced sentence provided in this section shall run consecutively to the |
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sentences provided for the underlying offenses. |
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(h) The imposition or execution of the sentence provided in this section may not be |
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suspended. |
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SECTION 2. This act shall take effect upon passage. |
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LC01585 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
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This act would establish a sentence enhancement for those who commit misdemeanors or |
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felonies for the benefit, at the direction of, or in association with any criminal street gang or |
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criminal street gang member, with the intent to promote, further or assist in the affairs of a |
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criminal street gang or criminal conduct by criminal street gang members. |
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This act would take effect upon passage. |
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LC01585 | |
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