2012 -- S 2773

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LC02117

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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 OFFENSES - WEAPONS

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

     Date Introduced: March 08, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-47-3.2 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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     11-47-3.2. Using a firearm when committing a crime of violence. -- (a) No person

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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parole.

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

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

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

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

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

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

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

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injured by the discharge of the firearm,or; and

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

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

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

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

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

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

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

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parole.

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     SECTION 2. This act shall take effect upon passage.

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LC02117

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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 except involuntary manslaughter as a crime of violence from the

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sentencing scheme of subdivision 11-47-3.2(b)(4).

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     This act would take effect upon passage.

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LC02117

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