Senate Bill No. 136
(By Senator Kimble)
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[Introduced January 14, 1998; 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
fifteen-a, relating to providing immunity from civil and
criminal liability for persons who use reasonable force,
including deadly force where warranted, in self-defense, in
defense of others or to prevent a serious felony where the
use of force is legally justified.
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
fifteen-a, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-15a. Immunity from civil or criminal liability in exercise
of reasonable force against persons committing criminal acts.
No person who in good faith employs reasonable force,
including deadly force when such is warranted, in self-defense or
the defense of others, against a person perpetrating a criminal
act, or uses reasonable force in the prevention of the commission
of a felony involving violence or the threat of violence, may be
civilly or criminally liable as the result of such employment of
force.
NOTE: The purpose of this bill is to provide civil and
criminal immunity for persons who use reasonable force, including
deadly force, to defend themselves or others against a person
engaged in criminal acts, or to prevent the commission of a crime
involving violence or the threat of violence.
This section is new; therefore, strike-throughs and
underscoring have been omitted.