Rhode Island Senate Bill S0317

Rhode Island 2025 Regular Session

• Introduced: 2/26/25
• Refer: 2/26/25
• Report Pass: 5/20/25
• Engrossed: 5/22/25
• Refer: 5/23/25
• Report Pass: 5/27/25
• Enrolled: 6/10/25
• Passed: 6/18/25

Caption

Increases the maximum fees payable to sheriffs, sergeants, and constables for the service of writs, citations, or subpoenas, from $45.00 to $70.00.

Impact

If enacted, S0317 would alter the legal landscape surrounding self-defense claims by making it easier for individuals accused of violence during confrontations with criminals to argue that their actions were justified. The provision eliminating the duty to retreat, even when threatening violent offenders, could extend protections to property owners facing civil liabilities. This change could significantly impact how courts evaluate self-defense claims and the burdens of proof necessary in such cases.

Summary

S0317 proposes amendments to Chapter 11-8 of the General Laws regarding burglary and breaking and entering. The bill introduces a rebuttable presumption in civil and criminal cases concerning personal injury or death that occurs while a person is committing a criminal offense. This presumption acts to protect property owners, tenants, or occupants, suggesting they acted in self-defense if they perceived a threat of great bodily harm or death from an individual engaged in criminal conduct. The bill seeks to clarify the legal standards surrounding self-defense in the context of property protection.

Contention

Notable points of contention accompanying S0317 may revolve around discussions regarding an individual's right to self-defense versus potential for misuse of such defenses by property owners. Critics may argue that this legislation could encourage unneeded violence against individuals perceived as criminals since the law favors property defense over the rights of individuals legally present in a space. Furthermore, the shift in legal responsibilities could provoke debates about public safety and the potential for escalation in violent confrontations.