AN ACT RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING
Gives property owners a legal presumption of reasonable self-defense when harming a trespasser during listed crimes, and removes any duty to retreat.
Gives property owners a legal presumption of reasonable self-defense when harming a trespasser during listed crimes, and removes any duty to retreat.
Note on source material: The documents supplied contain two different pieces of legislation merged into a single file: (A) a “Digital Asset Act” (introduced Nov. 14, 2024 by Rep. Steve Carra et al., appears to be a Michigan-style bill) and (B) an amendment to Rhode Island’s burglary/breaking-and-entering statute (LC002619) concerning self‑defense and no‑duty‑to‑retreat (introduced Mar. 28, 2025). The bill number and title you provided (“AN ACT RELATING TO CRIMINAL OFFENSES -- BURGLARY AND BREAKING AND ENTERING”) correspond to the Rhode Island text. Below are clear, separate summaries of both texts, with procedural status notes.
Purpose
- To create a rebuttable legal presumption that an owner, tenant, or occupier acted reasonably in self‑defense if a person dies or is injured while committing certain enumerated criminal offenses on the premises, and to eliminate any duty to retreat in those circumstances.
Key provisions
- Adds language to R.I. Gen. Laws § 11-8-8:
- If a person dies or sustains personal injury while committing crimes listed in §§ 11-8-2 through 11-8-6 or § 11-39-2, it is rebuttably presumed in civil or criminal proceedings that the owner/tenant/occupier acted by reasonable means in self‑defense, believing the offender was about to inflict great bodily harm or death.
- No duty to retreat is imposed on an owner, tenant, or occupier from a person committing those offenses.
Scope / affected parties
- Property owners, tenants, and lawful occupiers of premises in Rhode Island where specified crimes occur.
- Persons committing the enumerated offenses; potentially impacts prosecution and civil liability outcomes where injury or death occurs during the commission of those offenses.
Effective date / procedural notes
- The act would take effect upon passage.
- Introduced March 28, 2025 (House Judiciary). The explanatory note indicates application where a person commits robbery of a motor vehicle owner/occupant, among other listed offenses.
Potential impacts
- Strengthens a self‑defense presumption for occupants defending against certain intrusions/crimes; could reduce civil/criminal exposure for defenders.
- Shifts evidentiary burden to the prosecution/plaintiff to rebut the presumption.
Purpose
- To regulate and protect various uses of digital assets (cryptocurrencies, stablecoins, NFTs), mining, nodes, wallets; to prohibit certain taxes and governmental uses of central bank digital currency (CBDC); and to create civil remedies for violations.
Key provisions (high level)
- Definitions: blockchain, blockchain protocol, digital asset, digital asset mining, node, self‑hosted wallet, third‑party wallet, hardware storage wallet, etc.
- Use and custody:
- Prohibits governmental entities from prohibiting/restricting use of digital assets to buy legal goods/services.
- Prohibits government from restricting custody methods (self‑hosted, third‑party, hardware wallets).
- Bars a tax/withholding/assessment based solely on using a digital asset as a payment method.
- Mining and nodes:
- Protects home digital asset mining (subject to compliance with general local ordinances, e.g., noise standards) and prevents local governments from setting special decibel limits beyond general sound pollution limits.
- Protects digital asset mining businesses operating in industrial zones from requirements not imposed on comparable data centers; protects operation of nodes.
- Provides that entities validating transactions (miners/operators of nodes) are not liable for a specific transaction if they only validated that transaction.
- Central bank digital currency:
- Prohibits governmental entities from accepting CBDC as legal payment or requiring it for taxes, fees, permits, etc.
- Prohibits administrative branches from advocating or supporting testing/adoption of a U.S. CBDC.
- Remedies:
- Private civil action available for violations; allows recovery of treble damages.
Scope / affected parties
- Individuals and businesses using, holding, mining, or providing services related to digital assets; local governments and regulators; data centers; state/city treasuries and administrative agencies.
Procedural notes
- Introduced Nov. 14, 2024; referred to Committee on Regulatory Reform (sponsors listed in packet). No effective date specified in the excerpt.
Potential impacts
- Limits local and state regulatory authority over digital asset use, custody, and mining operations.
- Restricts acceptance/advocacy of CBDC by government bodies.
- Creates a private right of action with treble damages, which could drive litigation against governmental entities that attempt restrictive regulation.
Compiled from official sources — confirm details with the bill’s official record.
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