2023 -- S 0400

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LC001524

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

     

     Introduced By: Senators Rogers, de la Cruz, DeLuca, and Paolino

     Date Introduced: February 16, 2023

     Referred To: Senate 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 that

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

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

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was about to inflict great bodily harm or death upon that person or any other individual lawfully in

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the place where the criminal offense was committed. There shall be no duty on the part of an owner,

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tenant, or occupier to retreat from any person engaged in the commission of any criminal offense

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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

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     This act would provide a rebuttable defense if any person shall die or sustain a personal

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injury while committing any violent criminal offense of a person if that individual is lawfully in a

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place they have a right to be, and acted in self-defense and in the reasonable belief that the person

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

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any other individual.

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     This act would take effect upon passage.

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