AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCING ENHANCEMENT FOR FIREARM RELATED OFFENSES -- NYNY'S LAW (Provides 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.)

H8434

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:
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SECTION 1. Section 12-19-39 of the General Laws in Chapter 12-19 entitled "Sentence
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and Execution" is hereby amended to read as follows:
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12-19-39. Criminal street gang enhancement.
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(a) “Criminal street gang” means an ongoing organization, association, or group of three
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(3) or more persons, whether formal or informal, having as one of its primary activities the
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commission of criminal or delinquent acts; having an identifiable name or common identifiable
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signs, colors, or symbols; and whose members individually or collectively engage in, or have
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engaged in, a pattern of criminal gang activity.
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(b) Any person who is convicted of any felony that is knowingly committed for the benefit,
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at the direction of, or in association with any criminal street gang or criminal street gang member,
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with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal
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conduct by criminal street gang members, in addition to the sentence provided for the commission
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of the underlying offense, shall be subject to imprisonment for an additional term of not more than
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ten (10) years.
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(c) Any person who is convicted of any offense constituting first or second degree murder
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that is knowingly committed for the benefit, at the direction of, or in association with any criminal
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street gang or criminal street gang member, with the intent to promote, further, or assist in the
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affairs of a criminal street gang or criminal conduct by criminal street gang members, in addition

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to the sentence provided for the commission of the underlying offense, shall be sentenced to an
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additional term of imprisonment of ten (10) years.
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(c)
(d)
Whenever it appears that a person may be subject to the enhanced sentence in this
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section, the attorney general, in no case later than the first pretrial conference, shall file with the
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court a notice specifying that the defendant, upon conviction, is subject to the imposition of
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sentencing in accordance with this section.
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(d)
(e)
Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the
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defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the
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attorney general and the defense to present additional evidence to the jury relevant to the
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determination of whether the defendant knowingly committed the offense for the benefit, at the
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direction of, or in association with any criminal street gang or criminal street gang member, with
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the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct
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by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or nolo
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contendere, the court at sentencing, determines beyond a reasonable doubt that the defendant’s
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actions were so motivated, he or she shall be sentenced as provided in subsection (b).
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(e)
(f)
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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(f)
(g)
The enhanced sentence provided in this section shall run consecutively to the
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sentences provided for the underlying offenses.
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SECTION 2. 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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12-19-39.1. Sentencing enhancement for certain firearm related offenses -- NyNy’s
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law.

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(a) Any person who uses, aids and abets or conspires to use a ghost gun as defined in § 11-
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47-2(9), a stolen firearm as defined in § 11-47-5.2, a modified semi-automatic weapon as defined
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in § 11-47-8.1, a large capacity feeding device as defined in § 11-47.1-2, a prohibited firearm as
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defined in § 11-47.2-1, and during the use of any enumerated firearm, is a prohibited person as
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defined in § 11-47-5, is an alien in possession of any firearm as defined in § 11-47-7, possesses or
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uses any firearm during the commission of any felony as defined in § 11-47-20.2 or engages in any
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drive by shooting in violation of § 11-47-61, resulting in the death of any person and which would
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constitute first or second degree murder, shall, in addition to any other penalty imposed, be
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imprisoned for a period of five (5) years which shall run consecutively to any other sentence.
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(b) 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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SECTION 3. This act shall take effect upon passage.
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LC006291
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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
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firearms, being a prohibited person or engaging in certain other firearm related offenses resulting
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in death and constituting first or second degree murder.
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This act would take effect upon passage.
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LC006291
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