2014 -- H 7688

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LC004416

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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 OFFENSES - EXPLOSIVES AND FIREWORKS

     Introduced By: Representatives Carnevale, O'Brien, Almeida, Hull, and DeSimone

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     (State Police)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-13 of the General Laws entitled "Explosives and Fireworks" is

hereby amended by adding thereto the following sections:

     11-13-10. Definitions. – As used in this chapter, the following words and terms shall

have the following meanings, unless the context indicates another or different meaning or intent:

     (1) "Ammunition" means cartridges or cartridge cases, primers (igniter), bullets or

propellant powder designed for use in any weapon utilizing a propellant including, but not limited

to, ammunition produced by or for the military for national defense and security.

     (2) "Biological weapon" means any microorganism, virus, infectious substance or

biological product that may be engineered as a result of biotechnology, or any naturally occurring

or bioengineered component of any such microorganism, virus, infectious substance or biological

product, except if intended for a purpose not prohibited under this chapter, specifically prepared

in a manner to cause death, disease or other biological malfunction in a human, animal, plant or

another living organism, deterioration of food, water, equipment supplies or material of any kind,

or deleterious alteration of the environment.

     (3) "Black powder" means a compound or mixture of sulfur, charcoal and an alkali nitrate

including, but not limited to, potassium or sodium nitrate.

     (4) "Chemical weapon" means: (i) A toxic chemical or substance, including the

precursors to any toxic chemical or substance; and (ii) Ammunition or a device designed to cause

death or bodily harm by means of the release of a toxic chemical or substance.

     (5) "Delivery system" means any equipment designed or adapted for use in connection

with the deployment of chemical, biological or nuclear weapons.

     (6) "Denial of access" means contamination to an area, including any structures thereon,

which poses a health risk to humans, animals or plants and which precludes the safe use of such

area until the contaminant becomes inactive, decays or is removed.

      (7) "Destructive or incendiary device or substance" means an explosive, article or device

designed or adapted to cause physical harm to persons or property by means of fire, explosion,

deflagration or detonation and consisting of substances capable of being ignited, whether or not

contrived to ignite or explode automatically.

     (8) "Element" means a substance that is made entirely from one type of atom.

     (9) "Explosive" means any element, compound or mixture that is manufactured, designed

or used to produce an explosion and that contains an oxidizer, fuel or other ingredient in such

proportion, quantity or packing that an ignition by fire, friction, concussion, percussion or

detonation of the element or of any part of the compound or mixture may cause such a sudden

generation of highly heated gases that the resultant gaseous pressures, release of heat or

fragmentation is capable of producing destructive effects on contiguous objects or of destroying

life or causing bodily harm including, but not limited to, all material which is classified as

division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by the United States Department of

Transportation or listed pursuant to 18 USC 841(d) and 27 CFR 555.23. Explosive shall not

include a pyrotechnic, small arms ammunition, small arms ammunition primers, smokeless

powder weighing less than fifty (50) pounds and black powder weighing less than five (5)

pounds, unless possessed or used for an illegal purpose.

     (10) "Hoax explosive", "hoax destructive or incendiary device or substance", or "hoax

chemical, biological or nuclear weapon" means any device, article or substance that would cause

a person to reasonably believe that such device, article or substance is: (i) An explosive; (ii) A

destructive or incendiary device or substance; or (iii) A chemical, biological or nuclear weapon,

harmful radioactive substance or poison capable of causing bodily injury which is actually an

inoperable facsimile.

     (11) "Nuclear weapon" means a device designed for the purpose of causing bodily injury,

death or denial of access through the release of radiation or radiological material either by

propagation of nuclear fission or by means of any other energy source.

     (12) "Oxidizer" means a substance that yields oxygen readily to stimulate the combustion

of organic matter or other fuel.

     (13) "Pyrotechnic" means any commercially manufactured combustible or explosive

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composition or manufactured article designed and prepared for the purpose of producing an

audible effect or a visible display and regulated by chapter 148 including, but not limited to,

fireworks, firecrackers, flares, fuses, torpedoes, so-called, and similar signaling devices.

     (14) “Small arms ammunition” means any shotgun, rifle, pistol, or revolver cartridge, and

cartridges for propellant-actuated power devices and industrial guns.

     (15) "Smokeless powder" means a rapid-burning solid material containing nitrocellulose

used as a propellant.

     11-13-11. Unlawful possession. – (a) Whoever, without lawful authority, has in his/her

possession or under his/her control: (1) Any substance, material, article, explosive or ingredient

which, alone or in combination, could be used to make a destructive or incendiary device or

substance and who intends to make a destructive or incendiary device or substance; or (2) Any

substance, material, article, explosive or ingredient which, alone or in combination, could be used

to make a chemical, biological or nuclear weapon and who intends to make a chemical, biological

or nuclear weapon, shall be punished by imprisonment for not less than five (5) years nor more

than ten (10) years, or by a fine of not more than twenty-five thousand dollars ($25,000), or both.

It shall not be a defense to a violation of this subsection that the defendant did not possess or have

under his/her control every substance, material, article, explosive, or ingredient, or combination

thereof, required to make a complete and functional destructive or incendiary device or substance

or chemical, biological or nuclear weapon.

     (b) Whoever, without lawful authority, has in his/her possession or uses or places, or

causes another to knowingly or unknowingly possess, use or place, any hoax explosive, hoax

destructive or incendiary device or substance or any hoax chemical, biological or nuclear weapon,

with the intent that such hoax explosive, device or substance or weapon be used to cause anxiety,

unrest, fear, or personal discomfort to any person or group of persons, shall be punished by

imprisonment for not more than for five (5) years or by a fine of ten thousand dollars ($10,000),

or both.

     (c) Whoever, without lawful authority, has in his/her possession or under his control any

explosive or any destructive or incendiary device or substance shall be punished by imprisonment

for not less than ten (10) years nor more than twenty (20) years or by a fine of twenty-five

thousand dollars ($25,000), or both.

     (d) Whoever, without lawful authority, secretes, throws, launches, or otherwise places an

explosive or a destructive or incendiary device or substance with the intent (1) To cause fear,

panic, or apprehension in any person; or (2) To ignite, explode, or discharge such explosive or

such destructive or incendiary device or substance; or (3) To release or discharge any chemical,

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biological, or nuclear weapon, shall be punished by imprisonment for not less than ten (10) years

nor more than twenty-five (25) years or by a fine of twenty-five thousand dollars ($25,000), or

both.

     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 OFFENSES - EXPLOSIVES AND FIREWORKS

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     This act would make it illegal to possess bomb-making ingredients and would create

criminal violations for the possession of bombs and bomb-making ingredients by distinguishing

them from illegal fireworks.

     This act would take effect upon passage.

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