S 2307Violent Crime Penalties

Criminal Offenses - Burglary and Breaking and Entering

This bill allows individuals to use self-defense without a duty to retreat in any public place they are lawfully present.

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Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation expands Rhode Island's self-defense laws, effectively establishing a "Stand Your Ground" standard. Currently, the law allows individuals to use force without retreating only when they are inside their own dwelling. This bill extends that protection to any location where a person is lawfully present. It creates a legal presumption that if a person uses force while facing a violent criminal offense in a place they have a right to be, they acted reasonably in self-defense. It explicitly states there is no duty to retreat before using force in these public situations.

For younger readers

Right now, if a bad person breaks into your house, the law says you can protect yourself without having to run away first. This new rule changes the law so that you can protect yourself without running away, even if you are not at home. If you are at a park, a store, or anywhere else you are allowed to be, and someone tries to hurt you, this rule says you do not have to try to leave before fighting back to stay safe.

Who & Where It Applies

Impacted groups

Victims of violent crimeGun ownersLaw enforcementCriminal defense attorneysProsecutors

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Could potentially provide stronger legal protection for victims of domestic violence who are attacked by their abusers in public spaces rather than just within the confines of their homes.
May offer a legal defense for marginalized individuals who are targeted by violent hate crimes in public areas and feel compelled to defend themselves immediately without looking for an escape route.
Clarifies the legal standard for self-defense in public spaces, potentially reducing ambiguity in court cases involving individuals who defended themselves against clear violent criminal acts.
Research indicates that "Stand Your Ground" laws disproportionately negatively impact people of color, often resulting in higher rates of justifiable homicide rulings when the shooter is white and the victim is Black.
May encourage the escalation of conflicts into lethal violence by removing the legal obligation to de-escalate or retreat, potentially leading to more avoidable deaths in the community.
Could empower vigilantism by emboldening individuals to use lethal force in public situations based on subjective perceptions of threat rather than seeking law enforcement intervention.

For Conservatives

Reinforces the fundamental right of law-abiding citizens to protect themselves and their families from violent criminals in any location without the government forcing them to flee.
May serve as a deterrent to violent criminals who will know that potential victims are legally empowered to defend themselves with force if attacked in public spaces.
Prevents the legal system from prosecuting victims of violent crime who chose to stand their ground and fight back rather than attempting to retreat during a dangerous encounter.
Could potentially complicate prosecution of actual violent criminals or gang members who might falsely claim self-defense under the broad protections of the law to avoid conviction.
Might lead to an increase in chaotic public violence that burdens law enforcement resources and challenges the orderly rule of law on the streets.
The broad language regarding "reasonable belief" could lead to lengthy and expensive legal battles that ultimately infringe on the property rights of business owners where incidents occur.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 15 additions

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.

(a) 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.

(b) 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 violent criminal offense against a person if that person is lawfully in a place they have a right to be, 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 violent 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 violent criminal offense if that person is lawfully in a place they have a right to be.

SECTION 2. This act shall take effect upon passage.