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Introduced Version Senate Bill 599 History

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sb599 intr
Senate Bill No. 599

(By Senators Sprouse, Yoder, Barnes, Caruth, Minear,

Guills, Lanham, Weeks, Harrison, Boley and Facemyer)

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[Introduced March 18, 2005; 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 eliminating any liability for wrongful death of, injury to or damage to property of a perpetrator of a crime during the commission of a crime.

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 for purposes of engaging in criminal conduct assumes the risk for any injury caused to him or her by the reasonable and proportionate acts of the owner or his or her agent in resisting the commission of the criminal conduct.
(b) 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. No person, corporation, or legal entity is liable for personal injury, wrongful death or property damage an individual suffers while attempting to commit or committing a felony or when fleeing after committing a felony.



NOTE: The purpose of this bill is to eliminate civil liability for the wrongful death of, injury to or damage to property of a perpetrator of a crime during the commission of a crime.

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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