Bill Sponsors
O'Brien, Dawson, Craven, Noret, Read, Phillips, Azzinaro, Solomon, Casey, and Corvese
Committee
House Judiciary
Summary
Select
This bill increases the penalties for certain violent crimes. It adds a mandatory extra ten years in prison for anyone convicted of first- or second-degree murder connected to criminal street gang activity. Additionally, it creates "NyNy's law," which adds a mandatory, consecutive five-year prison sentence for anyone who commits first- or second-degree murder using specific illegal weapons, such as ghost guns, stolen firearms, or large-capacity magazines. This extra five-year penalty also applies if the person committing the murder is legally prohibited from possessing a firearm, is an undocumented immigrant, or commits a drive-by shooting.
Sponsor
Analysis
Pros for Progressives
- Directly targets the use of illegal firearms like ghost guns and large-capacity magazines, aligning with progressive goals for stricter gun control and reducing gun violence in communities.
- Aims to curb deadly street gang violence and drive-by shootings, which disproportionately affect marginalized and lower-income neighborhoods, potentially improving safety in these communities.
- By focusing sentence enhancements specifically on severe crimes resulting in death (first- or second-degree murder) rather than minor drug or property offenses, it targets the most dangerous behaviors rather than low-level offenders.
Cons for Progressives
- Expands the use of mandatory minimums and consecutive sentencing, which progressives often oppose as they contribute to mass incarceration and strip judges of sentencing discretion.
- Gang enhancement laws have historically been applied disproportionately against young men of color, potentially worsening racial disparities in the criminal justice system.
- Relies on punitive measures, such as longer prison sentences, rather than addressing the systemic root causes of gang involvement and gun violence, such as poverty and lack of social services.
Pros for Conservatives
- Imposes tough-on-crime penalties by mandating significant additional prison time for gang-related murders, promoting law and order and community safety.
- Specifically targets and heavily penalizes dangerous criminals, such as illegal aliens in possession of firearms and individuals committing drive-by shootings, removing them from society for longer periods.
- Focuses heavily on personal accountability by ensuring that individuals who choose to use illegal weapons or participate in gang murders face severe, guaranteed consequences.
Cons for Conservatives
- Creates further legal distinctions and penalties based on the type of firearm used (e.g., large-capacity magazines, modified semi-automatics), which some conservatives view as an infringement on Second Amendment rights.
- Increases the length of prison sentences significantly, which will require more taxpayer money to fund the extended incarceration of these inmates.
- Grants the government more power to enhance sentences based on broad definitions of "street gang" association, which could potentially be abused or misapplied by prosecutors.
Constitutional Concerns
Gang enhancements sometimes face First Amendment (freedom of association) and Fourteenth Amendment (due process/vagueness) challenges regarding the legal definition of a "criminal street gang" and what constitutes "association." Additionally, Second Amendment challenges could arise from the penalties tied to "large capacity feeding devices" and "ghost guns" post-Bruen, though these are sentencing enhancements for murder, not standalone possession bans, which reduces the overall constitutional risk.
Impact Overview
Groups Affected
- Violent offenders
- Street gang members
- Gun owners
- Law enforcement
- Victims of violent crime
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 04/10/2026 Introduced, referred to House Judiciary
• 04/24/2026 Scheduled for hearing and/or consideration (04/30/2026)
• 04/30/2026 Committee recommended measure be held for further study
• 04/24/2026 Scheduled for hearing and/or consideration (04/30/2026)
• 04/30/2026 Committee recommended measure be held for further study
Bill Text
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. LC006291 - Page 2 of 4
SECTION 3. This act shall take effect upon passage.
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.
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. LC006291 - Page 2 of 4
SECTION 3. This act shall take effect upon passage.