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| 5 | 5 | | 2023 -- S 0393 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001525 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENT ERING |
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| 16 | 16 | | Introduced By: Senators Rogers, de la Cruz, DeLuca, and Paolino |
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| 17 | 17 | | Date Introduced: February 16, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and 1 |
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| 23 | 23 | | Breaking and Entering" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 11-8-8. Injury or death — Defense. 3 |
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| 25 | 25 | | In the event that any person shall die or shall sustain a personal injury in any way or for 4 |
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| 26 | 26 | | any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or 5 |
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| 27 | 27 | | 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that 6 |
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| 28 | 28 | | the owner, tenant, or occupier of the place where the offense was committed acted by reasonable 7 |
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| 29 | 29 | | means in self-defense and in the reasonable belief that the person engaged in the criminal offense 8 |
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| 30 | 30 | | was about to inflict great bodily harm or death upon that person or any other individual lawfully in 9 |
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| 31 | 31 | | the place where the criminal offense was committed. There shall be no duty on the part of an owner, 10 |
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| 32 | 32 | | tenant, or occupier to retreat from any person engaged in the commission of any criminal offense 11 |
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| 33 | 33 | | enumerated in §§ 11-8-2 — 11-8-6, or 11-39-2. 12 |
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| 34 | 34 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 35 | 35 | | ======== |
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| 36 | 36 | | LC001525 |
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| 39 | 39 | | |
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| 40 | 40 | | LC001525 - Page 2 of 2 |
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| 41 | 41 | | EXPLANATION |
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| 42 | 42 | | BY THE LEGISLATIVE COUNCIL |
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| 43 | 43 | | OF |
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| 44 | 44 | | A N A C T |
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| 45 | 45 | | RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKIN G AND ENTERING |
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| 46 | 46 | | *** |
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| 47 | 47 | | This act would add a rebuttable defense if any person shall die or sustain a personal injury 1 |
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| 48 | 48 | | while committing robbery of the owner, lessor, or occupant of a motor vehicle and that the owner 2 |
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| 49 | 49 | | or occupant of the vehicle acted in self-defense and in the reasonable belief that the person engaged 3 |
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| 50 | 50 | | in the criminal offense was about to inflict great bodily harm or death upon that person or any other 4 |
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| 51 | 51 | | individual. 5 |
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| 52 | 52 | | This act would take effect upon passage. 6 |
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| 53 | 53 | | ======== |
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| 54 | 54 | | LC001525 |
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