2015 -- H 5157

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

     

     Introduced By: Representatives Melo, Hull, Hearn, Carnevale, and Canario

     Date Introduced: January 21, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-8-2 and 11-8-2.2 of the General Laws in Chapter 11-8 entitled

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"Burglary and Breaking and Entering" are hereby amended to read as follows:

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     11-8-2. Unlawful breaking and entering of dwelling house. -- (a) Every person who

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shall break and enter at any time of the day or night any dwelling house or apartment, whether at

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the time when the dwelling house or apartment is not occupied or not, or any outbuilding or

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garage attached to or adjoining any dwelling house, without the consent of the owner or tenant of

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the dwelling house, apartment, building, or garage, shall be imprisoned for not less than two (2)

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years and not more than ten (10) years for the first conviction, and for the second and subsequent

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conviction shall be imprisoned for not less than four (4) years and not more than fifteen (15)

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years, or fined not more than ten thousand dollars ($10,000), or both.

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      (b) Every person convicted pursuant to subsection (a) of this section shall be ordered to

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make restitution to the victim of the offense or to perform up to five hundred (500) hours of

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public community restitution work, or both, or any combination of them approved by the

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sentencing judge. The court may not waive the obligation to make restitution and/or public

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community restitution work. The restitution and/or public community restitution work shall be in

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addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.

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     11-8-2.2. Breaking and entering of a dwelling when resident on premises. -- (a) Every

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person who shall break and enter into any dwelling house or apartment without the consent of the

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owner or tenant at a time when the resident or residents of the dwelling house or apartment are on

 

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the premises, after having been previously convicted of such an offense, shall be imprisoned for

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not less than one year four (4) years and not more than ten (10) fifteen (15) years and shall not be

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afforded the provisions of suspension or deferment of sentence nor probation and may in addition

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be fined not more than five thousand dollars ($5,000). Upon a second or subsequent conviction

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for an offense under this section, a sentence of not less than five (5) years nor more than twenty

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(20) years to serve shall be imposed to serve at the adult correctional institution and shall not be

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afforded the provisions of suspension or deferment of sentence nor probation.

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     (b) Every person who shall break and enter into any dwelling house or apartment without

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the consent of the owner or tenant at a time when the premises is occupied, and who at any time

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during the breaking in, or during the time when the individual is within the premises, shall assault

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any other person present inside the premises, shall be imprisoned for not less than five (5) years

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nor more than twenty (20) years, and shall not be afforded the provisions of suspension or

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deferment of sentence nor probation. A fine of not more than ten thousand dollars ($10,000) may

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be imposed for each offense.

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      (b)(c) Every person convicted pursuant to subsection (a) or (b) of this section shall be

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ordered to make restitution to the victim of the offense, or to perform up to five hundred (500)

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hours of public community restitution work, or both, or any combination of them approved by the

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sentencing judge. The court may not waive the obligation to make restitution and/or public

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community restitution work. Restitution and/or public community restitution work shall be in

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addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence;

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provided, that nothing contained in this section shall be construed to require the payment of

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restitution while the convicted person is imprisoned.

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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 clarify, delineate and increase penalties for breaking and entering and

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would provide for increased sanctions when breaking and entering is committed when there is

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someone within the premises, and would require mandatory jail sentences when an occupant of

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the premises is assaulted in the course of the perpetrator breaking into the premises or while the

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perpetrator is within the premises.

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     This act would take effect upon passage.

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