The bill amends Section 11-8-8 of the General Laws in Chapter 11-8, entitled "Burglary and Breaking and Entering," to include a new provision that creates a rebuttable presumption in favor of the owner, tenant, or occupier of a property where a criminal offense is being committed. Specifically, if any person dies or sustains an injury while committing a criminal offense as defined in sections 11-8-2 to 11-8-6 or section 11-39-2, it is presumed that the property owner or occupier acted in self-defense and with the reasonable belief that the person committing the offense was about to inflict great bodily harm or death. The bill also states that there is no duty for the owner, tenant, or occupier to retreat from the person committing the offense.
The explanation provided by the Legislative Council clarifies that the act adds a defense for owners or occupants of a motor vehicle in the event of a robbery, where the owner or occupant acts in self-defense under the reasonable belief of imminent great bodily harm or death. The act would take effect immediately upon passage. The insertions in the bill include the phrase "or ยง 11-39-2," which extends the scope of the law to include robbery of a motor vehicle within the provisions of self-defense and the absence of a duty to retreat.