2023 -- S 0393

========

LC001525

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

     

     Introduced By: Senators Rogers, de la Cruz, DeLuca, and Paolino

     Date Introduced: February 16, 2023

     Referred To: Senate 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

     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 that

7

the owner, tenant, or occupier of the place where the offense was committed acted by reasonable

8

means in self-defense and in the reasonable belief that the person engaged in the criminal offense

9

was about to inflict great bodily harm or death upon that person or any other individual lawfully in

10

the place where the criminal offense was committed. There shall be no duty on the part of an owner,

11

tenant, or occupier to retreat from any person engaged in the commission of any criminal offense

12

enumerated in §§ 11-8-2 — 11-8-6, or 11-39-2.

13

     SECTION 2. This act shall take effect upon passage.

========

LC001525

========

 

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

***

1

     This act would add a rebuttable defense if any person shall die or sustain a personal injury

2

while committing robbery of the owner, lessor, or occupant of a motor vehicle and that the owner

3

or occupant of the vehicle acted in self-defense and in the reasonable belief that the person engaged

4

in the criminal offense was about to inflict great bodily harm or death upon that person or any other

5

individual.

6

     This act would take effect upon passage.

========

LC001525

========

 

LC001525 - Page 2 of 2