2014 -- H 7457 AS AMENDED

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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:

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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 that is knowingly committed for the

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

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

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

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commission of the underlying offense, shall be subject to imprisonment 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 attorney general, in no case later than the first pretrial conference, shall file with the

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

 

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

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

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

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

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

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

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

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

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     (e) 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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     (f) 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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     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

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in criminal street gang activity.

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     This act would take effect upon passage.

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LC004287

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