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HomeNewsArchivesSenate Looks at Expanded Firearms Restrictions, New Criminal Penalties

Senate Looks at Expanded Firearms Restrictions, New Criminal Penalties

Anyone caught with an unauthorized firearm within 1,000 feet of a school, public housing community, public playground, swimming pool, church, school bus stop or senior citizen center will be subject to twice the regular maximum criminal penalties, if a bill approved by the Rules and Judiciary Committee on Wednesday becomes law.

Under existing law, double penalties apply to those caught with a weapon within 100 feet of a school, youth center, public swimming pool or beach. The measure sponsored by Sen. Kenneth Gittens increases the distance to 1,000 feet and adds school bus stops to the list of prohibited locations. An amendment from Sen. Sammuel Sanes added churches and places of worship to the list of prohibited locations.

Assaults on teachers and law enforcement officers will bring harsher criminal penalties than assault generally does if two other bills from Gittens that were approved in Rules Wednesday become law.

One would punish third degree assault on “an employee of the Department of Education,” while at work, with up to 10 years in prison and a fine of up to $10,000. Otherwise the maximum penalty for third degree assault is five years in prison and $5,000.

The other enacts those same enhanced penalties for third degree assault on a law enforcement officer, if the assault is committed with a weapon of any kind.

Gittens recalled several recent incidents where V.I. police officers have been shot and even killed in the line of duty. “They face danger every day and it is only right to seek to further protect them in the course of their duties,” Gittens said.

A bill sponsored by Sens. Nereida “Nellie” Rivera-O’Reilly and Shawn-Michael Malone, if enacted into law, will allow any person or business inured “by a deceptive trade practice” to bring a class action suit. If the suit is successful, the bill would triple the amount of damages otherwise awarded. The measure would also award court costs to the winner if the court finds the suit “to be frivolous.”

Rules also sent on bills:
– authorizing Planning and Natural Resources to establish a used cooking oil collection certification program to train and certify individuals in becoming certified used oil collectors from businesses and homes for recycling and reuse;
– creating separate licensing, new regulations and criminal sanctions for V.I. scrap metal dealers, sponsored by O’Reilly;
– allowing utility-scale solar power production as a permitted use in every zoning classification, sponsored Malone;
– to create a referendum on the 2014 V.I. ballot asking if the U.S. Congress should increase the term of a V.I. legislator from two years to four years;
– two symbolic resolutions sponsored by Sen. Janette Millin Young concerning the territory’s agricultural products. One would declare the Julie mango as the “Virgin Islands Fruit of Choice,” and the second declares the U.S. Virgin Islands as the “Bush Tea Capital of the Caribbean,” a symbolic measure in support of the custom and the business of growing herbal and medicinal teas in the territory. The second resolution would posthumously honor and commend Sidney Lee and to name the road that leads to Island Center the “Sidney Lee Road” on St. Croix;
– and a resolution from Sen. Terrance “Positive” Nelson honoring James Alexander Johnson “for his many years of dedicated service and contributions to the Virgin Islands community and the labor movement.”

All the measures were sent on for final votes before the full Senate during session scheduled for Thursday and Friday. Sanes voted no on the proposed ballot referendum. Otherwise all senators present voted in support of each of the items, with Sanes, Gittens, Young and Sen. Diane Capehart voting yea. Malone and Sens. Donald Cole and Myron Jackson were absent.

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