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House Bill 4658 History
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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.
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