SB 145 Text

Introduced Version « Senate Bill 145 History

OTHER VERSIONS — Committee Substitute (1) | Enrolled Version - Final Version | |

Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 145
(By Senators Love, Green, Prezioso, Sypolt, Boley, Unger, Jenkins, Bowman, Tomblin, Mr. President, Plymale, Kessler, Chafin, Wells, Oliverio, Guills, Facemyer, McKenzie, Edgell, Foster, Deem, Fanning, Barnes, McCabe, Caruth, Hunter, Helmick, Bailey, Yoder, Sharpe, Minard, White, Stollings, Hall and Sprouse)
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[Introduced January 9, 2008; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable force may be used to protect one's self, real and personal property and the person and property of another; and clarifying that use of reasonable and proportionate force to defend is an absolute defense criminally and civilly.

Be it enacted by the Legislature of West Virginia:
That §55-7-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-22. Civil immunity to persons resisting criminal activities.
(a) Any person who unlawfully enters upon the property of another, enters into the motor vehicle of another or enters upon any location where another has a right to be for purposes of engaging in criminal conduct assumes the risk for any injury, including, but not limited to, death, caused to him or her by the reasonable and proportionate acts of the owner, or his or her agent or another in resisting the commission of the criminal conduct.
(b) The use of reasonable and proportionate force for the purpose of protecting one's self, his or her property or the person or property of another as contemplated by the provisions of subsection (a) of this section shall constitute a full and complete defense to any action at law based upon the use of such force.
~~(b)~~(c) The provisions of this section do not apply to the creation of a hazardous or dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.

NOTE: The purpose of this bill is to authorize the use of proportionate force by a person in any place the person has a legal right to be against an intruder or attacker. The bill also provides that the use of proportionate force is a full defense, civilly or criminally.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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