§ 8-2-15.1 - Gun court calendar.
SECTION 8-2-15.1
§ 8-2-15.1 Gun court calendar. – (a) Findings and declarations. The General Assembly finds that:
(1) There has been significant growth in the use of firearmsin the commission of violent crimes.
(2) Many of the shootings are drug or gang related andendanger law abiding citizens.
(3) Many of the gun offenses are committed while individualsare free on bail for other offenses.
(4) The growing number of gun related offenses constitutes aburden upon the state of Rhode Island and threatens the domestic tranquility ofthe state and its people, especially residents of the urban areas where thesecrimes are most prevalent.
(5) In order to deter the use of firearms in the commissionof violent crime, and to protect the law abiding public, there must be swiftdisposition of gun related offenses in our courts, and there must be thecertain prospect of prison terms for those who are convicted of such crimes.
(b) Declaration of policy. It is hereby declared to bethe policy of the state of Rhode Island to provide maximum safety and securityto its people from unlawful gun related violence and intrusion upon theirpersons and property by expediting the processing and disposition of such casesand, unless otherwise provided, imposing prison terms that must be served.
(c) Establishment. To accomplish this purpose in aneffort to minimize delay in the processing of criminal cases in the superiorcourt for the counties of Providence and Bristol relating to the illegalpossession and use of guns and other dangerous weapons, there shall beestablished a separate calendar within the jurisdiction of the superior courtfor the counties of Providence and Bristol for hearing trial and disposition ofactions brought pursuant to §§ 11-47-3, 11-47-5, 11-47-5.1, 11-47-8,11-47-24, 12-13-1.2, and 12-19-21.
(d) Gun court calendar. (1) The presidingjustice of the superior court shall create a gun court calendar in the superiorcourt for the counties of Providence and Bristol and shall assign personnel tothe extent warranted to exclusively hear and decide all criminal actionsinvolving offenses committed in Providence and Bristol counties and broughtpursuant to violations of the provisions of §§ 11-47-5, 11-47-5.1,11-47-8, and 11-47-24 set forth in subsection (c), and it shall be referred toas the "gun court calendar" of the superior court for the counties ofProvidence and Bristol.
(2) The "gun court calendar" of the superior court for thecounties of Providence and Bristol shall also have concurrent jurisdiction withany other calendar of the superior court for the counties of Providence andBristol to hear and decide all criminal actions involving offenses broughtpursuant to violations of the provisions of §§ 11-47-3, 12-13-1.2,and 12-19-21, so long as the criminal action involves the possession,threatened use, or use of a firearm.
(e) Time for trial. All trials in the superior courtfor the counties of Providence and Bristol involving offenses brought pursuantto the sections as set forth in subsection (c) shall be scheduled for trial onthe "gun court calendar" in the superior court for the counties of Providenceand Bristol within sixty (60) days of the completion of discovery. Nocontinuances or postponements shall be granted except for good cause shown.Such continuances as are necessary shall be granted for the shortestpracticable time.
(f) Use of section. Under no circumstances shall thedefendant(s) be permitted to use this section as a basis for a dismissal of anaction, as this section is enacted for the benefit and convenience of thesuperior court for the counties of Providence and Bristol in the assignment ofits actions for trial.