2013 -- H 5489

=======

LC01339

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL OFFENSES - BURGLARY AND BREAKING AND ENTERING

     Introduced By: Representatives Kazarian, Ackerman, Keable, Amore, and Finn

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

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

2-4

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

2-5

(20) years to serve shall be imposed to serve at the adult correctional institution and neither the

2-6

provisions of suspension or deferment of sentence nor probation shall be afforded.

2-7

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

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

be imposed for each offense.

2-14

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

2-15

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

2-16

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

2-17

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

2-18

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

2-19

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

2-20

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

2-21

restitution while the convicted person is imprisoned.

2-22

     SECTION 2. This act shall take effect upon passage.

=======

LC01339

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - BURGLARY AND BREAKING AND ENTERING

***

3-1

     This act would clarify, delineate and increase penalties for breaking and entering and

3-2

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

3-3

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

3-4

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

3-5

perpetrator is within the premise.

3-6

     This act would take effect upon passage.

=======

LC01339

=======