| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 6146 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002618 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND EN TERING |
|---|
| 16 | 16 | | Introduced By: Representatives J. Brien, Chippendale, Noret, Corvese, Baginski, Place, |
|---|
| 17 | 17 | | and Paplauskas |
|---|
| 18 | 18 | | Date Introduced: March 28, 2025 |
|---|
| 19 | 19 | | Referred To: House Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and 1 |
|---|
| 24 | 24 | | Breaking and Entering" is hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 11-8-8. Injury or death — Defense. 3 |
|---|
| 26 | 26 | | (a) In the event that any person shall die or shall sustain a personal injury in any way or for 4 |
|---|
| 27 | 27 | | any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or 5 |
|---|
| 28 | 28 | | 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that 6 |
|---|
| 29 | 29 | | the owner, tenant, or occupier of the place where the offense was committed acted by reasonable 7 |
|---|
| 30 | 30 | | means in self-defense and in the reasonable belief that the person engaged in the criminal offense 8 |
|---|
| 31 | 31 | | was about to inflict great bodily harm or death upon that person or any other individual lawfully in 9 |
|---|
| 32 | 32 | | the place where the criminal offense was committed. There shall be no duty on the part of an owner, 10 |
|---|
| 33 | 33 | | tenant, or occupier to retreat from any person engaged in the commission of any criminal offense 11 |
|---|
| 34 | 34 | | enumerated in §§ 11-8-2 — 11-8-6, or 11-39-2. 12 |
|---|
| 35 | 35 | | (b) In the event that any person shall die or shall sustain a personal injury in any way or for 13 |
|---|
| 36 | 36 | | any cause while in the commission of any violent criminal offense against a person if that person 14 |
|---|
| 37 | 37 | | is lawfully in a place they have a right to be, it shall be rebuttably presumed as a matter of law in 15 |
|---|
| 38 | 38 | | any civil or criminal proceeding that the owner, tenant, or occupier of the place where the violent 16 |
|---|
| 39 | 39 | | offense was committed acted by reasonable means in self-defense and in the reasonable belief that 17 |
|---|
| 40 | 40 | | the person engaged in the criminal offense was about to inflict great bodily harm or death upon that 18 |
|---|
| 41 | 41 | | person or any other individual lawfully in the place where the criminal offense was committed. 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC002618 - Page 2 of 3 |
|---|
| 45 | 45 | | There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person 1 |
|---|
| 46 | 46 | | engaged in the commission of any violent criminal offense if that person is lawfully in a place they 2 |
|---|
| 47 | 47 | | have a right to be. 3 |
|---|
| 48 | 48 | | SECTION 2. This act shall take effect upon passage. 4 |
|---|
| 49 | 49 | | ======== |
|---|
| 50 | 50 | | LC002618 |
|---|
| 51 | 51 | | ======== |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | LC002618 - Page 3 of 3 |
|---|
| 55 | 55 | | EXPLANATION |
|---|
| 56 | 56 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 57 | 57 | | OF |
|---|
| 58 | 58 | | A N A C T |
|---|
| 59 | 59 | | RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING |
|---|
| 60 | 60 | | *** |
|---|
| 61 | 61 | | This act would provide a rebuttable defense if any person shall die or sustain a personal 1 |
|---|
| 62 | 62 | | injury while committing any violent criminal offense of a person if that individual is lawfully in a 2 |
|---|
| 63 | 63 | | place they have a right to be, and acted in self-defense and in the reasonable belief that the person 3 |
|---|
| 64 | 64 | | engaged in the criminal offense was about to inflict great bodily harm or death upon that person or 4 |
|---|
| 65 | 65 | | any other individual. 5 |
|---|
| 66 | 66 | | This act would take effect upon passage. 6 |
|---|
| 67 | 67 | | ======== |
|---|
| 68 | 68 | | LC002618 |
|---|
| 69 | 69 | | ======== |
|---|