2022 -- H 7703

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LC005301

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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

     Introduced By: Representatives Cardillo, C Lima, Bennett, O'Brien, Craven, and Perez

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

Entering" is hereby amended by adding thereto the following section:

     11-8-4.1. Retail establishments defense.

     (a) An owner, employee or security or loss prevention agent shall have the right to use

reasonable and necessary force to defend a retail establishment and/or merchandise from any person

engaged in criminal activity directed at or occurring on the retail premises which shall include, but

not be limited to, vandalism, theft, or threatening behavior towards the owner, employees or

customers. The owner, employee or security or loss prevention agent shall have no duty to retreat

prior to exercising reasonable and necessary force. No criminal or civil liability shall be imposed

upon any person exercising reasonable and necessary force pursuant to the provisions of this

subsection.

     (b) In the event any person engaged in criminal activity directed at or occurring on a retail

establishment premises is engaged in a crime of violence as defined in § 11-47-2 or uses a deadly

weapon to engage in the criminal activity directed at or occurring on the retail premises, then it

shall be rebuttably presumed as a matter of laws in any civil or criminal proceeding that the owner,

employee or security or loss prevention agent shall not be held criminally or civilly liable for any

injury, including death to the person engaged in the criminal offense, and the owner, employee or

security or loss prevention agent acted by means of reasonable self-defense and in a reasonable

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

death upon the owner, employee, agent or a customer of the retail establishment.

     (c) No owner, employee, security or loss prevention agent acting pursuant to subsection

(b) of this section shall have any duty to retreat prior to exercising deadly force in self-defense or

defense of another.

     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 authorize a retail store owner or their agent to use reasonable force to defend

the persons and property of the retail establishment. The owner or their agent could use deadly

force to respond to a crime of violence.

     This act would take effect upon passage.

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