H. B. 3105
(By Delegates Lawrence, Smith, Ellem, Ferro, Pino, M. Poling and
[Passed March 12, 2011; 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 §55-7-26, relating to
immunity from civil and criminal liability for first
responders who use forced entry in response to a 911 call.
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 §55-7-26, to read as
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-26. First responders who use forced entry in response to 911
call; limited immunity from civil and criminal
(a) "First responder" includes: law-enforcement officers,
firefighters, emergency medical services personnel and others that
respond to calls for emergency medical assistance.
Neither a first responder nor his or her supervisor,
agency, employer or supervising entity is
liable for any civil
damages or criminal liability resulting from a forcible entry of a
home, business or other structure if the first responder:
(1) Is responding to a documented 911 call for emergency
(2) Has made reasonable efforts to summon an occupant of the
home, business, or structure by knocking or otherwise notifying the
occupant(s) of his or her presence;
(3) Has not received a response from an occupant within a
reasonable period of time; and
(4) Has a good faith belief that it is necessary to make a
forcible entry for the purposes of rendering emergency medical
assistance or preventing imminent bodily harm.
(c) Nothing in this section shall affect the standard of care
a first responder must employ when rendering aid after gaining