Senate Bill No. 289

(By Senator Dugan)

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[Introduced March 11, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to barring certain civil actions for damages against the victims and witnesses of crimes by the persons committing the crimes.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-19. Immunity of victims and witnesses from suits by convicted criminals.
(a) As used in this section:
(1) "Individual" includes an organization; and
(2) "Defendant" means a person or organization who has been convicted of criminal conduct against a victim.
(3) "Victim" means a person who suffers psychological injury, personal injury, property damage, or death as a result of any one of the following:(1) Criminally injurious conduct; (2) the good faith effort of the person to prevent criminally injurious conduct; or (3) the good faith effort of the person to apprehend a person that the injured person has observed engaging in criminally injurious conduct, or who the injured person has reasonable cause to believe has engaged in criminally injurious conduct immediately prior to the attempted apprehension.
(b) Notwithstanding any other provision of law to the contrary, no victim of criminal conduct, may be held liable for any civil damages to the defendant for any act or omission arising in connection with the criminal conduct, or proximately resulting from the criminal conduct.
(c) Notwithstanding any other provision of law to the contrary, no individual who has provided testimony or other evidence which led to the arrest, indictment or conviction of a defendant, may be held liable for any civil damages to the defendant for any act or omission arising in connection with the criminal conduct, or proximately resulting from the criminal conduct.
(d) The immunity provided in this section may not be asserted by:
(1) A defendant convicted of criminal conduct in connection with another defendant's criminal conduct; or
(2) A defendant who was engaged in any act or omission arising in connection with another defendant's criminal conduct, but who was not prosecuted solely because of the use of prosecutorial discretion.
(e) This section shall be liberally construed for the purpose of deterring crime and protecting victims of crime and witnesses assisting in the investigation and prosecution of crimes.





NOTE: The purpose of this bill is to provide immunity from civil liability to victims of crimes and to witnesses who provide evidence in the investigation and prosecution of crimes.

This section is new; therefore, strike-throughs and underscoring have been omitted.