Chapter 216

2012 -- S 2773

Enacted 06/13/12

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

Introduced By: Senators Jabour, Metts, Miller, and Perry

Date Introduced: March 08, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Section 11-47-3.2 of the General Laws in Chapter 11-47 entitled

"Weapons" is hereby amended to read as follows:

11-47-3.2. Using a firearm when committing a crime of violence. -- (a) No person

shall use a firearm while committing or attempting to commit a crime of violence. Every person

violating the provisions of this section shall be punished: (1) for the first offense by imprisonment

for ten (10) years; however, if the violation was committed by use of a machine gun as defined in

section 11-47-2(6), the term of imprisonment shall be thirty (30) years; (2) for a second

conviction under this section by imprisonment for twenty (20) years; however, if the violation

was committed by use of a machine gun as defined in section 11-47-2(6), the term of

imprisonment shall be life; and (3) for a third or subsequent conviction, the person shall be

sentenced to life, or life without the possibility of parole by the sentencing judge after

consideration of aggravating and mitigating circumstances contained in sections 12-19.2-3 and

12-19.2-4. Any sentence imposed upon a person pursuant to this section shall be imposed

consecutively to and not concurrently with any sentence imposed for the underlying crime or

attempted crime, and the person shall not be afforded the benefits of deferment of sentence or

parole; provided, that unless sentenced to life without the possibility of parole pursuant to

subdivision (3) of this subsection, a person sentenced to life under this section may be granted

parole.

      (b) Every person who, while committing an offense violating subsection (a) of this

section, discharges a firearm shall be guilty of a felony and be imprisoned as follows:

      (1) Ten (10) years, if no injury to any other person results from the discharge;

      (2) Twenty (20) years, if a person other than a police officer is injured by the discharge

of the firearm, or if a police officer who is engaged in the performance of his or her duty is

deliberately endangered by the person's discharge of the firearm; and

      (3) Life, if a police officer who is engaged in the performance of his or her duty is

injured by the discharge of the firearm,or; and

(4) Life, if the death or permanent incapacity of any person (other than the person

convicted) results from the discharge of the firearm; provided that, involuntary manslaughter

shall not be considered a “crime of violence” for the purpose of subdivision (b)(4) only.

      (c) The penalties defined in subsection (b) of this section shall run consecutively, and not

concurrently, to any other sentence imposed and, notwithstanding the provisions of chapter 8 of

title 13, the person shall not be afforded the benefits of deferment of sentence or parole; provided,

that a person sentenced to life under subdivision (b)(3) or (b)(4) of this section may be granted

parole.

SECTION 2. This act shall take effect upon passage.

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LC02117

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