The bill amends Section 11-8-8 of the General Laws in Chapter 11-8, which pertains to "Burglary and Breaking and Entering." It introduces a new legal framework regarding self-defense in cases where a person dies or sustains injury while committing a criminal offense. Specifically, it establishes a rebuttable presumption that if a person dies or is injured while committing a violent criminal offense against a person, and that person is lawfully in a place they have a right to be, it shall be rebuttably presumed that the owner, tenant, or occupier of the property acted in self-defense. This presumption applies if the owner, tenant, or occupier reasonably believed that the individual engaged in the criminal offense was about to inflict great bodily harm or death upon them or any other individual lawfully present in the location.
Additionally, the bill clarifies that there is no duty for the property owner, tenant, or occupier to retreat from an individual engaged in the commission of a violent criminal offense if that individual is lawfully in a place they have a right to be. The offenses covered by this bill include those enumerated in sections 11-8-2, 11-8-6, and the newly included 11-39-2. The act is designed to reinforce the rights of individuals defending themselves in their own homes or lawful spaces, and it will take effect immediately upon passage.
Statutes affected: 2307: 11-8-8