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 | |
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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: | |
1 | SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and |
2 | Breaking and Entering" is hereby amended to read as follows: |
3 | 11-8-8. Injury or death -- Defense. |
4 | (a) In the event that any person shall die or shall sustain a personal injury in any way or for |
5 | any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 -- 11-8-6, or |
6 | § 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding |
7 | that the owner, tenant, or occupier of the place where the offense was committed acted by |
8 | reasonable means in self-defense and in the reasonable belief that the person engaged in the |
9 | criminal offense was about to inflict great bodily harm or death upon that person or any other |
10 | individual lawfully in the place where the criminal offense was committed. There shall be no duty |
11 | on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission |
12 | of any criminal offense enumerated in §§ 11-8-2 -- 11-8-6 or § 11-39-2. |
13 | (b) In the event that any person shall die or shall sustain a personal injury in any way or for |
14 | any cause while in the commission of any violent criminal offense against a person if that person |
15 | is lawfully in a place they have a right to be. It shall be rebuttably presumed as a matter of law in |
16 | any civil or criminal proceeding that the owner, tenant, or occupier of the place where the violent |
17 | offense was committed acted by reasonable means in self-defense and in the reasonable belief that |
18 | the person engaged in the criminal offense was about to inflict great bodily harm or death upon that |
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1 | person or any other individual lawfully in the place where the criminal offense was committed. |
2 | There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person |
3 | engaged in the commission of any violent criminal offense if that person is lawfully in a place they |
4 | have a right to be. |
5 | 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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1 | This act would create a rebuttable presumption as a matter of law in any civil or criminal |
2 | proceeding that the owner, tenant, or occupier of any place where a violent crime has occurred that |
3 | said any reasonable self-defense of any violent crime that there is no duty on the part of the owner, |
4 | tenant or occupier to retreat from the person engaged in the commission of a violent crime. |
5 | This act would take effect upon passage. |
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