2014 -- S 2642

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LC004213

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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 -- WEAPONS

     

     Introduced By: Senators Lynch, and Gallo

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (State Police)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-51.1 of the General Laws in Chapter 11-47 entitled

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"Weapons" is hereby amended to read as follows:

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     11-47-51.1. Discharge of firearm or incendiary or explosive substance or device

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from motor vehicle Discharge of firearm or incendiary or explosive substance or device

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from motor vehicle or aircraft. -- (a) (1) No person shall unlawfully discharge a firearm or

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incendiary or explosive substance or device from a motor vehicle or any aircraft in a manner

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which creates a substantial risk of death or serious personal injury to another person. Every

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person violating the provisions of this section shall be punished by imprisonment for not less than

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ten (10) years nor more than twenty (20) years and shall be fined not less than five thousand

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dollars ($5,000.00) nor more than fifty thousand dollars ($50,000.00), or both.

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      (2) In all cases under this subsection, the justice imposing sentence shall impose not less

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than the minimum sentence of ten (10) years imprisonment and may only impose a sentence less

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than that minimum if he or she finds that substantial and compelling circumstances exist which

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justify imposition of the alternative sentence. The finding may be based upon the character and

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background of the defendant, the cooperation of the defendant with law enforcement authorities,

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the nature and circumstances of the offense and/or the nature and quality of the evidence

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presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is

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imposed, the trial justice shall set forth on the record the circumstances which he or she found as

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justification for imposition of the lesser sentence.

 

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      (b) Any person injured as a result of a violation of this section shall be entitled to the

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civil remedies provided by section 7-15-4.

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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 OFFENSES -- WEAPONS

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     This act would make it a felony to discharge a firearm or incendiary or explosive device

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aboard an aircraft.

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     This act would take effect upon passage.

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