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:

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

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

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     11-8-4.1. Retail establishments defense.

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

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

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

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

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

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

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

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subsection.

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

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

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

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

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

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

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

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

 

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

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

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

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defense of another.

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

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

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force to respond to a crime of violence.

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     This act would take effect upon passage.

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