Senate Bill No. 295

(By Senator Harrison, By Request)

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[Introduced January 27, 2004; referred to the Committee on the Judiciary.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, 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 the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-21, 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 or injury 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. The person asserting immunity must show that his or her actions were reasonable and proportionate to the crime being committed in order to be eligible for this protection.


NOTE: The purpose of this bill is to provide limited immunity from civil liability in defense of self, others and property.

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