2016 -- H 7828

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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 Lima, Carnevale, Melo, Corvese, and Nardolillo

     Date Introduced: March 03, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and

Breaking and Entering" is hereby amended to read as follows:

     11-8-8. Injury or death -- Defense. -- In the event that any person shall die or shall

sustain a personal injury in any way or for any cause while in the commission of any criminal

offense enumerated in §§ 11-8-2 -- 11-8-6, or §11-39-2, it shall be rebuttably presumed as a

matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place

where the offense was committed acted by reasonable means in self-defense and in the reasonable

belief that the person engaged in the criminal offense was about to inflict great bodily harm or

death upon that person or any other individual lawfully in the place where the criminal offense

was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from

any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 -- 11-8-6

or §11-39-2.

     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 permit the use of deadly force to defend against a robbery of the owner,

lessor or occupant of a motor vehicle.

     This act would take effect upon passage.

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