|
2013 -- H 5785 | |
|
======= | |
|
LC01687 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2013 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
|
|
|
|
|
|
|
Introduced By: Representatives Hull, McLaughlin, Carnevale, Chippendale, and Bennett | |
|
Date Introduced: February 28, 2013 | |
|
Referred To: House Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Chapter 12-19 of the General Laws entitled "Sentence and Execution" is |
|
1-2 |
hereby amended by adding thereto the following section: |
|
1-3 |
12-19-39. Criminal street gang enhancement. -- (a) "Criminal street gang" means an |
|
1-4 |
ongoing organization, association, or group of three (3) or more persons, whether formal or |
|
1-5 |
informal, having as one of its primary activities the commission of criminal or delinquent acts; |
|
1-6 |
having an identifiable name or common identifiable signs, colors or symbols; and whose |
|
1-7 |
members individually or collectively engage in or have engaged in a pattern of criminal gang |
|
1-8 |
activity. |
|
1-9 |
(b) Any person who is convicted of any felony or misdemeanor that is knowingly |
|
1-10 |
committed for the benefit, at the direction of, or in association with any criminal street gang or |
|
1-11 |
criminal street gang member, with the intent to promote, further, or assist in the affairs of a |
|
1-12 |
criminal street gang or criminal conduct by criminal street gang members, in addition to the |
|
1-13 |
sentence provided for the commission of the underlying offense, shall be subject to the following: |
|
1-14 |
(1) A person who is convicted of a misdemeanor shall be imprisoned for an additional |
|
1-15 |
term of not more than one year. |
|
1-16 |
(2) A person who is convicted of a felony shall be imprisoned for an additional term of |
|
1-17 |
not more than ten (10) years. |
|
1-18 |
(c) Whenever it appears that a person may be subject to the enhanced sentence in this |
|
1-19 |
section, the prosecuting agency, in no case later than the first pretrial conference, shall file with |
|
1-20 |
the court a notice specifying that the defendant, upon conviction, is subject to the imposition of |
|
2-1 |
sentencing in accordance with this section. |
|
2-2 |
(d) For misdemeanor offenses, upon any plea of guilty or nolo contendere or verdict or |
|
2-3 |
finding of guilty of the defendant, the district court shall conduct a sentencing hearing. At the |
|
2-4 |
hearing, the court shall permit the prosecuting agency and the defense to present additional |
|
2-5 |
evidence relevant to the determination of whether the defendant knowingly committed the offense |
|
2-6 |
for the benefit, at the direction of, or in association with any criminal street gang or criminal |
|
2-7 |
street gang member, with the intent to promote, further, or assist in the affairs of a criminal street |
|
2-8 |
gang or criminal conduct by criminal street gang members. If the finder of fact at the hearing, or |
|
2-9 |
in the case of a plea of guilty or nolo contendere, the district court at sentencing, determines |
|
2-10 |
beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be |
|
2-11 |
sentenced as provided in subsection (b). |
|
2-12 |
(e) For felony offenses and for misdemeanor offenses in which the defendant claims a |
|
2-13 |
jury trial either in the first instance or by appeal, upon any plea of guilty or nolo contendere or |
|
2-14 |
verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the |
|
2-15 |
hearing, the court shall permit the prosecuting agency and the defense to present additional |
|
2-16 |
evidence to the jury relevant to the determination of whether the defendant knowingly committed |
|
2-17 |
the offense for the benefit, at the direction of, or in association with any criminal street gang or |
|
2-18 |
criminal street gang member, with the intent to promote, further, or assist in the affairs of a |
|
2-19 |
criminal street gang or criminal conduct by criminal street gang members. If the jury at the |
|
2-20 |
hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines |
|
2-21 |
beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be |
|
2-22 |
sentenced as provided in subsection (b). |
|
2-23 |
(f) This section does not create a separate offense but provides an additional enhanced |
|
2-24 |
sentence for the underlying offense. |
|
2-25 |
(g) The enhanced sentence provided in this section shall run consecutively to the |
|
2-26 |
sentences provided for the underlying offenses. |
|
2-27 |
(h) The imposition or execution of the sentence provided in this section may not be |
|
2-28 |
suspended. |
|
2-29 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01687 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
|
*** | |
|
3-1 |
This act would establish a sentence enhancement for those who commit misdemeanors or |
|
3-2 |
felonies for the benefit, at the direction of, or in association with any criminal street gang or |
|
3-3 |
criminal street gang member, with the intent to promote, further or assist in the affairs of a |
|
3-4 |
criminal street gang or criminal conduct by criminal street gang members. |
|
3-5 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01687 | |
|
======= |