Chapter 356

2011 -- S 0631

Enacted 07/13/11

A N A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

Introduced By: Senators Pichardo, Tassoni, E O`Neill, and Ciccone

Date Introduced: March 10, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Section 11-8-2.4 of the General Laws in Chapter 11-8 entitled "Burglary

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

11-8-2.4. Breaking and entering of dwelling house of a person who is severely

impaired. -- (a) Every person who shall break and enter any dwelling house or apartment,

without the consent of the owner or tenant at a time when a resident of the dwelling house or

apartment who is a person who is severely impaired as defined by the provisions of section 11-5-

11 is on the premises, shall be imprisoned for not less than two (2) five (5) years and not more

than twenty (20) twenty-five (25) years and may in addition be fined not more than five thousand

dollars ($5,000) fifteen thousand dollars ($15,000) for a first conviction and not more than ten

thousand dollars ($10,000) twenty thousand dollars ($20,000) for second and subsequent

convictions.

      (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 imposed 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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LC01529

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