§ 11-8-2.2 - Breaking and entering of a dwelling when resident on premises.
SECTION 11-8-2.2
§ 11-8-2.2 Breaking and entering of adwelling when resident on premises. – (a) Every person who shall break and enter into any dwelling house or apartmentwithout the consent of the owner or tenant at a time when the resident orresidents of the dwelling house or apartment are on the premises, after havingbeen previously convicted of such an offense, shall be imprisoned for not lessthan one year and not more than ten (10) years and shall not be afforded theprovisions of suspension or deferment of sentence nor probation and may inaddition be fined not more than five thousand dollars ($5,000).
(b) Every person convicted pursuant to subsection (a) of thissection shall be ordered to make restitution to the victim of the offense, orto perform up to five hundred (500) hours of public community restitution work,or both, or any combination of them approved by the sentencing judge. The courtmay not waive the obligation to make restitution and/or public communityrestitution work. Restitution and/or public community restitution work shall bein addition to any fine or sentence which may be imposed and not in lieu of thefine or sentence; provided, that nothing contained in this section shall beconstrued to require the payment of restitution while the convicted person isimprisoned.