It is enacted by the General Assembly as follows
SECTION 1. Title 11 of the General Laws entitled "Criminal Offenses" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 61 ADD}
{ADD THE RHODE ISLAND STREET TERRORISM ADD}
{ADD ENFORCEMENT AND PREVENTION ACT ADD}
{ADD 11-61-1. Title. -- ADD} {ADD This chapter shall be known and may be cited as the Rhode Island Street Terrorism Enforcement and Prevention Act. ADD}
{ADD 11-61-2. Legislative findings. -- ADD} {ADD The legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The legislature hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
The legislature, however, further finds that the state of Rhode Island is near a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The legislature finds that street gangs are in operation in Rhode Island and that the number of gang related murders is increasing.
It is the intent of the legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The legislature further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs. ADD}
{ADD 11-61-3. Participation in criminal street gang -- Punishment -- Felony conviction -- Sentence enhancement -- Commission on or near school grounds -- Pattern of criminal gang activity. -- ADD} {ADD (a) Any person who participates in any criminal street gang with knowledge that its members or associates engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members or associates of that gang, shall be punished by imprisonment in the adult correctional institution, or for a juvenile offender in the Rhode Island training school, for a period not to exceed five (5) years.
(b)(1) Except as provided in paragraph (2), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members or associates, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of imprisonment not to exceed five (5) years.
However, if the underlying felony is committed on the grounds of, or within one thousand (1,000) feet of a public or private elementary, vocational, middle school, junior high, or high school, during hours in which the facility is open for classes or school related programs or when minors are using the facility, the additional term of five (5) years shall not be subject to suspension nor a term of probation.
(2) Any person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life, shall not be paroled until a minimum of fifteen (15) calendar years have been served.
(c) The court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record the circumstances indicating that the interests of justice would best be served by that disposition.
(d) As used in this chapter, "pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two (2) or more of the following offenses, provided at least one (1) of those offenses occurred after the effective date of this chapter and the last of those offenses occurred within three (3) years after a prior offense, and the offenses are committed on separate occasions:
(1) Felony assault as defined in section 11-5-2;
(2) Robbery, as defined in sections 11-39-1 and 11-39-2;
(3) Unlawful homicide or manslaughter, as defined in chapter 11-23;
(4) The sale, delivery, possession with intent to deliver, or possession of certain enumerated quantities of controlled substances as defined in sections 21-28-4.01, 21-28-4.01.1, or 21-28-4.01.2;
(5) Drive by shootings as defined in section 11-47-61;
(6) Possession of a firearm on school grounds as defined in section 11-47-60;
(7) Arson as defined in section 11-4-2 through 11-4-7;
(8) Intimidation of witnesses and victims of crimes as defined in section 11-32-5;
(9) Larceny, as defined in section 11-41-1 when the value of the money, goods, chattels or any other real or personal property exceeds five hundred dollars ($500) or as defined in section 11-47-5.1;
(10) Burglary as defined in section 11-8-1;
(11) Sexual assault as defined in sections 11-37-2, 11-37-4, 11-37-6, 11-37-8.1 and 11-37-8.3;
(12) Racketeer violence as defined in section 11-57-1;
(13) Kidnapping as defined in sections 11-26-1, 11-26-2 and 11-26-1.4;
(14) Mayhem as defined in section 11-29-1;
(15) Extortion as defined in section 11-42-2;
(16) Possession of a firearm as defined in sections 11-47-3, 11-47-5, 11-47-6, 11-47-7, and 11-47-60;
(17) Sale, delivery or transfer of a firearm as defined in sections 11-47-30, 11-47-31, 11-47-35, 11-47-35.2 or 11-47-37.
(e) As used in this chapter, "criminal street gang" means any 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 one (1) or more of the criminal acts enumerated in paragraphs (1) to (17) inclusive, of subdivision (d), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. ADD}
{ADD 11-61-4. Buildings or places used by criminal street gangs -- Nuisance -- Additional remedies -- Confiscation of firearms or deadly or dangerous weapons owned or possessed by gang members. -- ADD} {ADD (a) Every building or place used by members or associates of a criminal street gang for the purpose of commission of the offenses listed in section 11-61-3(d) or any offense involving dangerous or deadly weapons, and every building or place wherein or upon which that criminal conduct by gang members or associates takes place, excluding any property in the possession of a victim of a crime shall constitute a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance, provided, however, that:
(b) Any action for injunction or abatement filed pursuant to subsection (a) above shall proceed according to the provisions of sections 10-1-1 through 10-1-10 except that all of the following shall apply:
(1) The court shall not assess a civil penalty against any person unless that person knew or should have known of the unlawful acts.
(2) No order of eviction or closure may be entered.
(3) All injunctions issued shall be limited to those necessary to protect the health and safety of the residents or the public or those necessary to prevent further criminal activity.
(4) Suit may not be filed until a thirty (30) day notice of the unlawful use or criminal conduct has been provided to the owner of said building or other property by mail, return receipt requested, postage prepaid, to such owner's last known address.
(c) The activities of any nonprofit or charitable organization which is conducting its affairs with ordinary care or skill, and the activities of any governmental entity, shall not be abated pursuant to subdivisions (a) and (b).
(d) Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.
(e)(1) Any firearm, ammunition which may be used with the firearm, or any deadly or dangerous weapon which is owned or possessed by a member of a criminal street gang for the purpose of the commission of any of the offenses listed in subdivision (d) of section 11-61-3 or the commission of any burglary or rape, may following compliance with the provisions of 11-61-4(e)(3)-(b), supra be confiscated by any law enforcement agency or peace officer.
(2) In those cases where a law enforcement agency reasonably believes that the return of the firearm, ammunition, or deadly weapon confiscated pursuant to this subdivision, is or will be used in criminal street gang activity or that the return of the item would be likely to result in endangering the safety of others, the law enforcement agency shall initiate a petition in the superior court to determine if the item confiscated should be returned or declared a nuisance.
(3) No firearm, ammunition, or deadly weapon shall be sold or destroyed unless reasonable notice is given to its lawful owner if his or her identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner, at that person's last known address by registered mail, that he or she has thirty (30) days from the date of receipt of the notice to respond to the court clerk to confirm his or her desire for a hearing and that the failure to respond shall result in a default order forfeiting the confiscated firearm, ammunition, or deadly weapon as a nuisance.
(4) If the lawful owner requests a hearing, the court clerk shall set a hearing no later than thirty (30) days from receipt of that request. The court clerk shall notify the lawful owner the law enforcement agency involved, and the prosecuting attorney of the date, time, and place of the hearing.
(5) At the hearing, the burden of proof shall be upon the law enforcement agency or peace officer to show by a preponderance of the evidence that the seized item is or will be used in criminal street gang activity or that return of the item would be likely to result in endangering the safety of others.
(6) If the lawful owner does not request a hearing within thirty (30) days of the notice or the lawful owner cannot be ascertained, the law enforcement agency may file a petition that the use of the confiscated firearm, ammunition, or deadly weapon be declared a nuisance. If the use of said items is declared to be a nuisance, the law enforcement agency shall dispose of the items. ADD}
{ADD 11-61-5. Criminal street gang - Violent coercion to participate - offense. -- ADD} {ADD (a) Any adult who utilizes physical violence to coerce, induce, or solicit another person who is under eighteen (18) years of age to actively participate in any criminal street gang, as defined in subsection (e) of section 11-61-3, the members of which engage in a pattern of criminal gang activity, as defined in subdivision (d) of section 11-61-3, shall be punished by imprisonment in the state prison for a term not to exceed two (2) years.
(b) Any adult who threatens a minor which physical violence on two or more separate occasions within any thirty (30) day period with the intent to coerce, induce, or solicit the minor to actively participate in a criminal street gang, as defined in subdivision (e) of section 11-61-3 the members of which engage in a pattern of criminal gang activity, as defined in subdivision (d) of section 11-61-3 shall be punished by imprisonment in the state prison for a term not to exceed two (2) years.
(c) Nothing in this section shall be construed to limit prosecution under any other provision of the law.
(d) No person shall be convicted of violating this section based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person, that the individual had the apparent ability to carry out the threat, and that physical harm was imminently likely to occur. ADD}
{ADD 11-61-6. Jurisdiction. -- ADD} {ADD The Superior Court of the state of Rhode Island shall have exclusive jurisdiction over all felony offenses identified in this chapter. All offenses bought under this chapter shall be referred to the Gun Court calendar pursuant to section 8-2-15.1. If the Gun Court calendar is unavailable, the Presiding Justice of the Superior Court shall assign such cases as he or she deems appropriate. ADD}
{ADD 11-61-7. Severability. -- ADD} {ADD If any part or provision of this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable. ADD}
{ADD 11-61-8. Duration of chapter. -- ADD} {ADD This chapter shall remain in effect only until June 30, 2000 and as of that date is repealed, unless a later enacted statute, which is chaptered before June 30, 2000 deletes or extends that date. ADD}
SECTION 2. Chapter 42-28.2 of the general laws entitled "Commission on Standards and Training" is hereby amended by adding thereto the following section:
{ADD 42-28.2-8.2. Educational requirements - Gang related activity. -- ADD} {ADD The Commission on Standards and Training shall prepare and publish mandatory training standards to provide instructions for police officers in identifying, responding to and reporting all incidents of criminal gang activity as defined in section 11-61-3. The Commission shall include the training in all curricula for recruits and in-service trainees, in all police academies operating or certified by the commission. ADD}
SECTION 3. Chapter 42-26 of the General Laws entitled "Governors Justice Commission" is hereby amended by adding thereto the following sections:
{ADD 42-26-18. Gang violence Prevention Advisory Committee. -- ADD} {ADD (a) There is hereby established in the Governors Justice Commission, the Gang Violence Prevention Advisory Committee. The committee shall be composed of the following members:
(1) The Executive Director of the Governors Justice Commission or designee.
(2) The Attorney General or designee.
(3) The Director of the Department of Corrections or designee.
(4) The Presiding Justice of Superior Court or designee.
(5) The Chief Judge of Family Court or designee.
(6) The Chief Judge of District Court or designee.
(7) The President of the Rhode Island Police Chiefs Association or designee.
(8) One (1) probation officer who specializes in juvenile probation.
(9) The Public Defender or designee.
(10) One (1) law enforcement official who specializes in gang related investigations selected by the police chiefs association.
(11) Two (2) representatives of community board organizations selected by the Speaker of the House of Representatives.
(12) One (1) member of the public selected by the Speaker of the House of Representatives.
(13) One (1) member of the public selected by the Majority Leader in the Senate.
(14) The Director of the Department of Employment and Training or designee.
(15) The Commissioner of Elementary and Secondary Education or designee.
(b) The Gang Violence Prevention Advisory Committee shall coordinate, review, propose and oversee gang prevention, intervention and suppression programs on a state level. The committee shall also coordinate with the Governors Justice Commission in efforts to obtain federal funds, grants or other appropriations necessary and useful to carry out the purpose of this section.
(c) The Executive Director of the Governor's Justice Commission shall convene the committees first meeting. A chairperson of the committee shall be elected by a majority vote of the members. The committee shall meet no less than three (3) times annually. The Governors Justice Commission shall provide staff and financing as necessary.
(d) The committee shall prepare an annual report to the general assembly describing the coordination of the programs authorized in paragraph (b) above. In addition the committee may make recommendations regarding legislative strategies for improvement of those programs. The report with recommendations may be incorporated into any annual report filed by the Governor's Justice Commission to the general assembly. ADD}
{ADD 42-26-19. After school alternative program - Legislative intent. -- ADD} {ADD (a) The legislature hereby finds and declares the following:
(1) There is greater threat to public safety resulting from gang and drug-related activity in and near Rhode Island's inner cities.
(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community, and thereby burden the criminal justice system to the point that it cannot function effectively.
(4) It is the intent of the legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2 p.m. to 7 p.m.). ADD}
{ADD 42-36-19.1. After School Alternative Program - Purpose - Duration. -- ADD} {ADD (a) There is hereby created within the Governors Justice Commission, a pilot program known as the "After School Alternative Program" (ASAP). The establishment of the pilot program pursuant to this section shall be contingent upon the availability and receipt of federal and/or private funding for this purpose. The goal of the pilot program shall be to reduce gang activity and drug-related crime in and near the targeted schools, businesses, and community sites. This shall be accomplished by coordinating the efforts of community-based organizations, public schools, law enforcement officials, parents, and business leaders in participating communities to prevent the illicit activities of current and potential gang members and drug users by making alternative activities available. These activities may be provided at school or community sites, and may include:
(1) Recreational, arts, crafts, computer or academic tutorial programs.
(2) Job counseling and training, with the participation of community business representatives.
(3) Presentations by law enforcement officials, and informal get-togethers.
(4) Group and individual (as needed) drug and/or gang counseling.
(5) Community awareness presentations.
(b) A Rhode Island community may elect to participate in the pilot project established pursuant to subdivision (a) by establishing an ASAP program. The community may be any designated area that contains up to two (2) public high schools and feeder schools, as well as active business enterprises and a viable local community-based organization.
(c) The community shall submit its program to the Gang Violence Prevention Advisory Committee for review. The committee upon receipt of all programs from applying communities shall select one (1) project to receive funding. The project selected shall receive funding for one calendar year from the date of selection. All rules and regulations for application, review and award shall be promulgated by the committee.
(d) This section shall remain operative only until June 30, 2000 and is repealed on that date unless a later enacted statute extends that date. ADD}
SECTION 4. This act shall take effect upon passage. However, section 1 shall apply to those offenses which occur after the date of passage of this act.
