2012 -- S 2653

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Senators Jabour, Crowley, Pichardo, and Hodgson

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

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 or misdemeanor or attempted felony or

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misdemeanor that is knowingly committed for the benefit, at the direction of, or in association

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with any criminal street gang or criminal street gang member, with the intent to promote, further,

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or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang

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members, in addition and consecutive to the sentence provided for the commission of the

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underlying offense, shall be subject to the following:

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     (1) A person who is convicted of a misdemeanor shall be imprisoned for an additional

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term of not more than one year.

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     (2) A person who is convicted of a felony shall be imprisoned for an additional term of

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not more than one half (1/2) of the maximum term of imprisonment of the underlying offense.

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     (3) A person who is convicted of a felony punishable by life imprisonment shall not be

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paroled until a minimum of fifteen (15) calendar years have been served in the custody of the

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department of corrections.

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     (4) If the underlying offense is a felony and committed on the grounds of or within one

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thousand feet (1,000’) of a public or private elementary, secondary, postsecondary or vocational

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school, or any public or private two (2) year or four (4) year institution of higher education, or on

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any school bus, the extended term shall not be more than four (4) years.

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     (c) 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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     (d) The enhanced sentence provided in this section shall run consecutively to the sentence

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provided for the underlying offense.

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     (e) The imposition or execution of the sentence provided in this section may not be

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suspended.

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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 -- SENTENCE AND EXECUTION

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     This act would provide that anyone who commits criminal acts as an informal or formal

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member of a criminal street gang will be subject to enhanced penalties for the crime which will

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run consecutive to the sentence and may not be suspended.

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     This act would take effect upon passage.

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