The bill amends Section 12-19-39 of the General Laws to introduce a criminal street gang enhancement, which imposes additional prison sentences for individuals convicted of first or second degree murder that is knowingly committed for the benefit of, at the direction of, or in association with any criminal street gang. Specifically, it establishes that any person convicted under these circumstances shall be sentenced to an additional term of imprisonment of ten (10) years, which is to be served in addition to the sentence for the underlying offense.

Additionally, the bill introduces a new section, 12-19-39.1, which establishes sentencing enhancements for certain firearm-related offenses, known as NyNys Law. This section mandates that any person who uses, aids and abets, or conspires to use a ghost gun, a stolen firearm, a modified semi-automatic weapon, a large capacity feeding device, a prohibited firearm, or engages in any drive-by shooting resulting in the death of any person, 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. This five-year sentence shall run consecutively to any other sentence.

The bill clarifies that these enhancements do not create separate offenses but rather provide additional sentences for the underlying crimes. The act is set to take effect upon passage.

Statutes affected:
8434: 12-19-39