ENROLLED

H. B. 4658


(By Delegates Stemple and Faircloth)


[Passed March 13, 2004; in effect ninety days from passage .]
AN ACT to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-22, relating to defense of property; providing limited immunity from civil liability; and exceptions.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-22, 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 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.