H. B. 4128
(By Delegates Faircloth and Frich)
[Introduced January 26, 2004
; referred to the
Committee on the Judiciary.]
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, 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.
NOTE: The purpose of this bill is to provide limited civil
immunity to persons acting in a reasonable and proportionate manner
in defense of self, others or property against persons entering
unlawfully on private property in the course of criminal conduct.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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