2014 -- H 7457

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LC004287

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE

     Introduced By: Representatives Hull, Johnston, Malik, Costa, and McLaughlin

     Date Introduced: February 12, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following section:

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

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

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

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

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

activity.

     (b) Any person who is convicted of any felony that is knowingly committed for the

benefit, at the direction of, or in association with any criminal street gang or criminal street gang

member, with the intent to promote, further, or assist in the affairs of a criminal street gang or

criminal conduct by criminal street gang members, in addition to the sentence provided for the

commission of the underlying offense, shall be subject to imprisonment for an additional term of

not more than ten (10) years.

     (c) Whenever it appears that a person may be subject to the enhanced sentence in this

section, the attorney general, in no case later than the first pretrial conference, shall file with the

court a notice specifying that the defendant, upon conviction, is subject to the imposition of

sentencing in accordance with this section.

     (d) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the

defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the

attorney general and the defense to present additional evidence to the jury relevant to the

determination of whether the defendant knowingly committed the offense for the benefit, at the

direction of, or in association with any criminal street gang or criminal street gang member, with

the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct

by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or

nolo contendere, the court at sentencing, determines beyond a reasonable doubt that the

defendant's actions were so motivated, he or she shall be sentenced as provided in subsection (b).

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

sentence for the underlying offense.

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

sentences provided for the underlying offenses.

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

suspended.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE

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     This act would create a sentencing enhancement for anyone convicted of being involved

in criminal street gang activity.

     This act would take effect upon passage.

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LC004287

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