2016 -- H 7173

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LC003607

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES - BURGLARY AND BREAKING AND ENTERING

     Introduced By: Representatives Melo, Keable, Lima, Hull, and Solomon

     Date Introduced: January 14, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-8-2 and 11-8-2.2 of the General Laws in Chapter 11-8 entitled

"Burglary and Breaking and Entering" are hereby amended to read as follows:

     11-8-2. Unlawful breaking and entering of dwelling house. -- (a) Every person who

shall break and enter at any time of the day or night any dwelling house or apartment, whether at

a time when the dwelling house or apartment is not occupied or not, or any outbuilding or garage

attached to or adjoining any dwelling house, without the consent of the owner or tenant of the

dwelling house, apartment, building, or garage, shall be imprisoned for not less than two (2) years

and not more than ten (10) years for the first conviction, and for the second and subsequent

conviction shall be imprisoned for not less than four (4) years and not more than fifteen (15)

years, or fined not more than ten thousand dollars ($10,000), or both.

      (b) Every person convicted pursuant to subsection (a) of this section shall be ordered to

make restitution to the victim of the offense or to perform up to five hundred (500) hours of

public community restitution work, or both, or any combination of them approved by the

sentencing judge. The court may not waive the obligation to make restitution and/or public

community restitution work. The restitution and/or public community restitution work shall be in

addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.

     11-8-2.2. Breaking and entering of a dwelling when resident on premises. -- (a) Every

person who shall break and enter into any dwelling house or apartment without the consent of the

owner or tenant at a time when the resident or residents of the dwelling house or apartment are on

the premises, after having been previously convicted of such an offense, shall be imprisoned for

not less than one year four (4) years and not more than ten (10) fifteen (15) years and shall not be

afforded the provisions of suspension or deferment of sentence nor probation and may in addition

be fined not more than five thousand dollars ($5,000). Upon a second or subsequent conviction

for an offense under this section, a sentence of not less than five (5) years nor more than twenty

(20) years to serve shall be imposed to serve at the adult correctional institution, and shall not be

afforded the provisions of suspension or deferment of sentence nor probation.

     (b) Every person who shall break and enter into any dwelling house or apartment without

the consent of the owner or tenant at a time when the premises is occupied, and who at any time

during the breaking in, or during the time when the individual is within the premises, shall assault

any other person present inside the premises, shall be imprisoned for not less than five (5) years

nor more than twenty (20) years, and shall not be afforded the provisions of suspension or

deferment of sentence nor probation. A fine of not more than ten thousand dollars ($10,000) may

be imposed for each offense.

      (c) Every person convicted pursuant to subsection (a) or (b) of this section shall be

ordered to make restitution to the victim of the offense, or to perform up to five hundred (500)

hours of public community restitution work, or both, or any combination of them approved by the

sentencing judge. The court may not waive the obligation to make restitution and/or public

community restitution work. Restitution and/or public community restitution work shall be in

addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence;

provided, that nothing contained in this section shall be construed to require the payment of

restitution while the convicted person is imprisoned.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - BURGLARY AND BREAKING AND ENTERING

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     This act would clarify, delineate, and increase penalties for breaking and entering and

would provide for increased sanctions when the breaking and entering is committed at a time

when there is someone within the premises, and would require mandatory jail sentences when an

occupant of the premises is assaulted in the course of the perpetrator breaking into the premises or

while the perpetrator is within the premises.

     This act would take effect upon passage.

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