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HB 8434

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

2026 Regular Session Introduced by Sam Azzinaro and 9 co-sponsors

Adds up to 10 extra years for gang-related felonies and 10-year murder enhancements, plus a 5-year firearm death enhancement, all consecutive to underlying sentences.

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8434

Bill Summary – Rhode Island HB 8434 (2026)

Overview

HB 8434, introduced in the Rhode Island General Assembly during the 2026 session, adds sentencing enhancements related to firearm offenses and gang activity. The bill is titled “AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCING ENHANCEMENT FOR FIREARM RELATED OFFENSES -- NYNY'S LAW.” It aims to increase penalties in two specific areas:
- Criminal street gang enhancements (existing law) with an expanded framework.
- A new, additional enhanced sentence for certain firearm-related offenses that result in death, modeled after a NYNY’s Law concept.

The act would take effect upon passage.

1) Main Purpose and Intent

  • Enhance penalties for violent, firearm-related crimes, especially where a defendant’s actions are tied to criminal street gangs or involve firearms during felonies that lead to death.
  • Provide clear procedures for notices and sentencing determinations to ensure accountability when enhanced penalties apply.

2) Key Provisions and Changes

A. Expanded Criminal Street Gang Enhancement (12-19-39)

  • Defines “criminal street gang” as an ongoing organization of 3+ people with a primary activity of criminal/delinquent acts, identifiable by name, signs, colors, or symbols, and a pattern of gang activity.
  • Enhanced sentence (in addition to underlying offense):
    • For any felony knowingly committed for the benefit of, at the direction of, or in association with a gang, with intent to promote or assist gang activity: up to an additional 10 years.
    • For first- or second-degree murder knowingly committed for gang-related purposes: an additional 10 years.
  • Process and safeguards:
    • The Attorney General must file a notice by the first pretrial conference indicating the defendant is subject to the enhanced sentence if convicted.
    • At sentencing (after a guilty plea, nolo contendere, or verdict), the court must allow both sides to present evidence relevant to whether the offense was knowingly gang-associated.
    • If the jury (or court at sentencing for a plea) finds the enhancement proven beyond a reasonable doubt, the defendant is sentenced to the additional term.
  • Note: The enhancement runs consecutively to the underlying offense and does not create a separate offense.

B. New Sentence Enhancement for Firearm-Related Deaths (12-19-39.1)

  • Creates a new subsection outlining an additional five-year sentence for individuals who, during the use of certain firearms, commit offenses resulting in death:
    • Applies when the defendant uses, aids, abets, or conspires to use: ghost guns, stolen firearms, modified semi-automatic weapons, large-capacity magazines, prohibited firearms, possession as a prohibited person, or possession/usage of a firearm during the commission of a felony (including drive-by shootings) that results in death and would constitute first or second-degree murder.
  • This five-year term runs consecutively to any other sentence.
  • As with the gang enhancement, this provision does not create a separate offense but adds an enhanced sentence for the underlying crime.

3) Who/What is Affected

  • Defendants convicted of felonies with gang involvement or gang-related motivation.
  • Defendants convicted of firearms offenses (ghost guns, stolen firearms, modified semi-automatic weapons, large-capacity magazines, prohibited firearms) that are connected to felonies and result in death (first or second-degree murder scenarios).
  • The General Assembly and the Department of Attorney General, given the notice requirement and role in proceedings.

4) Procedural and Timeline Aspects

  • Effective date: The act takes effect upon passage (no separate future effective date specified).
  • Notice requirement: The Attorney General must file notice of potential enhancement no later than the first pretrial conference.
  • Sentencing procedure:
    • A sentencing hearing is required upon guilty plea, nolo contendere, or verdict.
    • Both sides may present additional evidence relevant to whether the defendant acted knowingly for gang-related purposes or firearm-related enhancements.
    • The enhanced sentences are imposed if proven beyond a reasonable doubt and run consecutively to the underlying offenses.

5) Summary of Impact

  • Increases potential incarceration for:
    • Crimes involving criminal street gangs (up to an additional 10 years, plus potential 10-year murder enhancement).
    • Firearm-related offenses linked to deaths (an additional 5 years, consecutive to other sentences).
  • Aims to deter gang activity and gun violence by imposing stricter penalties and ensuring a procedural pathway to impose enhancements.
  • Maintains that enhancements supplement, not replace, existing offenses.

If you’d like, I can provide a side-by-side comparison with current Rhode Island law or create a quick FAQ for readers.

Compiled from official sources — confirm details with the bill’s official record.

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