COMMITTEE SUBSTITUTE

FOR

H. B. 2456

(By Delegates Faircloth, Shaver,

Shelton and Stemple )


(Originating in the Committee on the Judiciary)

[February 25, 2003]


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 twenty-one, relating to defense of self, others and property; and providing limited immunity from civil liability.

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 twenty- one, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-21. Civil immunity to persons resisting criminal activities.
Any person who unlawfully enters onto private property in the course of criminal conduct assumes the risk of loss, injury or death resulting or arising out of actions of persons lawfully on the private property who reasonably attempt to prevent that person's criminal act. This immunity of civil liability does not include the creation of a hazardous or dangerous condition on the property or property structures in a manner designed to prevent or injure any person attempting a criminal act. To be eligible for this protection the person asserting immunity must show that his or her actions were reasonable and proportionate to the crime being committed.