2024 -- S 2192

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

     

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

     Date Introduced: January 24, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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Breaking and Entering" is hereby amended to read as follows:

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     11-8-8. Injury or death — Defense.

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     In the event that any person shall die or shall sustain a personal injury in any way or for

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any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or

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§ 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding

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

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

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

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individual lawfully in the place where the criminal offense was committed. There shall be no duty

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on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission

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of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2.

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

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

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

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

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individual.

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     This act would take effect upon passage.

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