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| 5 | 5 | | 2025 -- S 0558 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000389 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 EN TERING |
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| 16 | 16 | | Introduced By: Senators Rogers, de la Cruz, E Morgan, Raptakis, Paolino, Ciccone, and |
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| 17 | 17 | | Tikoian |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and 1 |
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| 24 | 24 | | Breaking and Entering" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-8-8. Injury or death — Defense. 3 |
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| 26 | 26 | | In the event that any person shall die or shall sustain a personal injury in any way or for 4 |
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| 27 | 27 | | any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or 5 |
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| 28 | 28 | | § 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding 6 |
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| 29 | 29 | | that the owner, tenant, or occupier of the place where the offense was committed acted by 7 |
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| 30 | 30 | | reasonable means in self-defense and in the reasonable belief that the person engaged in the 8 |
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| 31 | 31 | | criminal offense was about to inflict great bodily harm or death upon that person or any other 9 |
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| 32 | 32 | | individual lawfully in the place where the criminal offense was committed. There shall be no duty 10 |
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| 33 | 33 | | on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission 11 |
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| 34 | 34 | | of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2. 12 |
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| 35 | 35 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 36 | 36 | | ======== |
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| 37 | 37 | | LC000389 |
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| 38 | 38 | | ======== |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LC000389 - Page 2 of 2 |
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| 42 | 42 | | EXPLANATION |
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| 43 | 43 | | BY THE LEGISLATIVE COUNCIL |
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| 44 | 44 | | OF |
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| 45 | 45 | | A N A C T |
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| 46 | 46 | | RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING |
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| 47 | 47 | | *** |
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| 48 | 48 | | This act would add a rebuttable defense if any person shall die or sustain a personal injury 1 |
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| 49 | 49 | | while committing robbery of the owner, lessor, or occupant of a motor vehicle and that the owner 2 |
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| 50 | 50 | | or occupant of the vehicle acted in self-defense and in the reasonable belief that the person engaged 3 |
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| 51 | 51 | | in the criminal offense was about to inflict great bodily harm or death upon that person or any other 4 |
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| 52 | 52 | | individual. 5 |
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| 53 | 53 | | This act would take effect upon passage. 6 |
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| 54 | 54 | | ======== |
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| 55 | 55 | | LC000389 |
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| 56 | 56 | | ======== |
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| 57 | 57 | | |
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