2022 -- H 7696

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LC004803

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND

ENTERING--INJURY OR DEATH-DEFENSE

     

     Introduced By: Representatives Chippendale, Place, Nardone, Casey, and C Lima

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     11-8-8. Injury or death -- Defense.

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     (a) In the event that any person shall die or shall sustain a personal injury in any way or for

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any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 -- 11-8-6, or

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§ 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding

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that the owner, tenant, or occupier of the place where the offense was committed acted by

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reasonable means in self-defense and in the reasonable belief that the person engaged in the

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criminal offense was about to inflict great bodily harm or death upon that person or any other

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individual lawfully in the place where the criminal offense was committed. There shall be no duty

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on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission

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of any criminal offense enumerated in §§ 11-8-2 -- 11-8-6 or § 11-39-2.

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     (b) In the event that any person shall die or shall sustain a personal injury in any way or for

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any cause while in the commission of any violent criminal offense against a person if that person

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is lawfully in a place they have a right to be. It shall be rebuttably presumed as a matter of law in

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any civil or criminal proceeding that the owner, tenant, or occupier of the place where the violent

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

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

 

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person or any other individual lawfully in the place where the criminal offense was committed.

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There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person

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engaged in the commission of any violent criminal offense if that person is lawfully in a place they

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have a right to be.

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     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--INJURY OR DEATH-DEFENSE

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     This act would create a rebuttable presumption as a matter of law in any civil or criminal

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proceeding that the owner, tenant, or occupier of any place where a violent crime has occurred that

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said any reasonable self-defense of any violent crime that there is no duty on the part of the owner,

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tenant or occupier to retreat from the person engaged in the commission of a violent crime.

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     This act would take effect upon passage.

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