AN ACT RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING (Provides a rebuttable defense if a person dies or sustains a personal injury while committing any violent criminal offense of a person.)

S2307

2026 -- S 2307
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LC003279
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING

Introduced By:
Senators Rogers, Ciccone, E Morgan, de la Cruz, Dimitri, and Raptakis

Date Introduced:
January 23, 2026

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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(a)
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 that
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the owner, tenant, or occupier of the place where the offense was committed acted by reasonable
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means in self-defense and in the reasonable belief that the person engaged in the criminal offense
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was about to inflict great bodily harm or death upon that person or any other individual lawfully in
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the place where the criminal offense was committed. There shall be no duty on the part of an owner,
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tenant, or occupier to retreat from any person engaged in the commission of any criminal offense
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enumerated in §§ 11-8-2 — 11-8-6
, or 11-39-2
.
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(b) 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 violent criminal offense against a person if that person
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is lawfully in a place they have a right to be, it shall be rebuttably presumed as a matter of law in
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any civil or criminal proceeding that the owner, tenant, or occupier of the place where the violent
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offense was committed acted by reasonable means in self-defense and in the reasonable belief that
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the person engaged in the criminal offense was about to inflict great bodily harm or death upon that
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person or any other individual lawfully in the place where the criminal offense was committed.

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There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person
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engaged in the commission of any violent criminal offense if that person is lawfully in a place they
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have a right to be.
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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 provide a rebuttable defense if any person shall die or sustain a personal
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injury while committing any violent criminal offense of a person if that individual is lawfully in a
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place they have a right to be, and acted in self-defense and in the reasonable belief that the person
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engaged in the criminal offense was about to inflict great bodily harm or death upon that person or
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any other individual.
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This act would take effect upon passage.
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LC003279 - Page 3 of 3