Bill Sponsors
Rogers, de la Cruz, and E Morgan
Committee
Senate Judiciary
Summary
Select
This legislation modifies Rhode Island's self-defense laws regarding home and business intrusions. It creates a legal "rebuttable presumption" that an owner, tenant, or occupier acted reasonably in self-defense if an intruder is killed or injured while committing burglary, robbery, or breaking and entering. Essentially, the law assumes the resident believed they were in danger of serious harm or death. Additionally, the bill explicitly states that the occupant has no duty to retreat (run away) from the intruder before using force to defend themselves or others in the dwelling.
Sponsor
Analysis
Pros for Progressives
- Provides stronger legal protection for tenants and residents in high-crime neighborhoods who may face home invasions, ensuring they are not unfairly penalized for defending their safety in their own homes.
- Eliminates the legal ambiguity regarding the "duty to retreat," which can be physically difficult or impossible for elderly, disabled, or mobility-impaired individuals to perform during a chaotic break-in.
- May deter violent robberies and break-ins by signaling that residents have the explicit legal right to defend their dwellings, potentially reducing victimization of vulnerable populations.
Cons for Progressives
- Expands "Castle Doctrine" logic, which statistical studies have shown often correlates with higher rates of homicide and gun violence rather than a reduction in crime.
- Creates a legal presumption that may disproportionately harm marginalized groups, as implicit bias can lead to the perception of minority intruders as inherently more lethal, justifying excessive force in the eyes of the law.
- Prioritizes property rights and lethal self-help over the preservation of human life and de-escalation, potentially protecting individuals who use deadly force in situations where it was not strictly necessary.
Pros for Conservatives
- Strengthens the "Castle Doctrine" by explicitly removing the duty to retreat, affirming the fundamental right of individuals to defend their lives and property without government-imposed caveats.
- Provides legal protection for law-abiding citizens against civil lawsuits or criminal prosecution when they defend themselves against criminals breaking into their homes or businesses.
- Reinforces the rule of law by shifting the benefit of the doubt to the victim of the crime rather than the perpetrator, ensuring criminals bear the risks of their illegal activities.
Cons for Conservatives
- Establishes only a "rebuttable presumption" rather than absolute immunity, meaning a homeowner could still face expensive legal battles and aggressive prosecution to prove their innocence.
- Limits the protections to specific enumerated criminal offenses (burglary, breaking and entering, robbery), potentially leaving citizens vulnerable if a criminal enters under circumstances not strictly defined by those statutes.
- Does not explicitly address or protect the use of firearms specifically, leaving room for judicial interpretation that could still restrict the specific means of defense used by the homeowner.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Homeowners
- Tenants
- Business Owners
- Law Enforcement
- Judiciary
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 11-8-8 of the General Laws in Chapter 11-8 entitled "Burglary and Breaking and Entering" is hereby amended to read as follows:
11-8-8. Injury or death — Defense.
In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2.
SECTION 2. This act shall take effect upon passage.
11-8-8. Injury or death — Defense.
In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 — 11-8-6, or § 11-39-2.
SECTION 2. This act shall take effect upon passage.