2026 -- H 8434

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LC006291

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCING ENHANCEMENT FOR

FIREARM RELATED OFFENSES -- NYNY'S LAW

     Introduced By: Representatives O'Brien, Dawson, Craven, Noret, Read, Phillips,
Azzinaro, Solomon, Casey, and Corvese

     Date Introduced: April 10, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-19-39 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

     12-19-39. Criminal street gang enhancement.

     (a) “Criminal street gang” means an 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 criminal or delinquent acts; having an identifiable name or common identifiable

signs, colors, or symbols; and whose members individually or collectively engage in, or have

engaged in, a pattern of criminal gang activity.

     (b) Any person who is convicted of any felony that is knowingly committed for the benefit,

at the direction of, or in association with any criminal street gang or criminal street gang member,

with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal

conduct by criminal street gang members, in addition to the sentence provided for the commission

of the underlying offense, shall be subject to imprisonment for an additional term of not more than

ten (10) years.

     (c) Any person who is convicted of any offense constituting first or second degree murder

that is knowingly committed for the benefit, at the direction of, or in association with any criminal

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

affairs of a criminal street gang or criminal conduct by criminal street gang members, in addition

to the sentence provided for the commission of the underlying offense, shall be sentenced to an

additional term of imprisonment of ten (10) years.

     (c)(d) Whenever it appears that a person may be subject to the enhanced sentence in this

section, the attorney general, in no case later than the first pretrial conference, shall file with the

court a notice specifying that the defendant, upon conviction, is subject to the imposition of

sentencing in accordance with this section.

     (d)(e) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the

defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the

attorney general and the defense to present additional evidence to the jury relevant to the

determination of whether the defendant knowingly committed the offense for the benefit, at the

direction of, or in association with any criminal street gang or criminal street gang member, with

the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct

by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or nolo

contendere, the court at sentencing, determines beyond a reasonable doubt that the defendant’s

actions were so motivated, he or she shall be sentenced as provided in subsection (b).

     (e)(f) This section does not create a separate offense but provides an additional enhanced

sentence for the underlying offense.

     (f)(g) The enhanced sentence provided in this section shall run consecutively to the

sentences provided for the underlying offenses.

     SECTION 2. Chapter 12-19 of the General Laws entitled "Sentence and Execution" is

hereby amended by adding thereto the following section:

     12-19-39.1. Sentencing enhancement for certain firearm related offenses -- NyNy’s

law.

     (a) Any person who uses, aids and abets or conspires to use a ghost gun as defined in § 11-

47-2(9), a stolen firearm as defined in § 11-47-5.2, a modified semi-automatic weapon as defined

in § 11-47-8.1, a large capacity feeding device as defined in § 11-47.1-2, a prohibited firearm as

defined in § 11-47.2-1, and during the use of any enumerated firearm, is a prohibited person as

defined in § 11-47-5, is an alien in possession of any firearm as defined in § 11-47-7, possesses or

uses any firearm during the commission of any felony as defined in § 11-47-20.2 or engages in any

drive by shooting in violation of § 11-47-61, resulting in the death of any person and which would

constitute first or second degree murder, shall, in addition to any other penalty imposed, be

imprisoned for a period of five (5) years which shall run consecutively to any other sentence.

     (b) This section does not create a separate offense but provides an additional enhanced

sentence for the underlying offense.

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     SECTION 3. 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 -- SENTENCING ENHANCEMENT FOR

FIREARM RELATED OFFENSES -- NYNY'S LAW

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     This act would provide for sentencing enhancements for any person using prohibited

firearms, being a prohibited person or engaging in certain other firearm related offenses resulting

in death and constituting first or second degree murder.

     This act would take effect upon passage.

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