Senate Bill No. 318

(By Senators Dugan, Wiedebusch, Oliverio, Sharpe,


Ross, Buckalew, Anderson, Manchin, Deem and Bowman)

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[Introduced February 10, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to barring certain civil actions for damages against the victims and witnesses of crimes by the persons committing such crimes.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eighteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-18. Immunity of victims and witnesses from suits by
convicted criminals.


Notwithstanding any other provision of law to the contrary, no individual or organization, who or which shall have been the victim of criminal conduct, for which any other person or organization shall have been lawfully and finally convicted, or who or which shall have provided testimony or other evidence which led to the arrest, indictment or conviction of any such person or organization lawfully and finally convicted of any criminal conduct, shall be liable for any civil damages to such convicted person or organization for any act or omission arising in connection with the circumstances surrounding such criminal conduct or proximately resulting from such circumstances: Provided, That such immunity from liability to such convicted person or organization shall not be asserted by any individual or organization who or which shall also have been lawfully and finally convicted of criminal conduct for any act or omission arising in connection with the circumstances surrounding the other convicted person's or organization's criminal conduct or any individual or organization who or which was engaged in any act or omission arising in connection with the circumstances surrounding the other convicted person's or organization's criminal conduct, but was not prosecuted only because of the use of prosecutorial discretion. This section shall be liberally construed to effect its remedial purposes, to-wit: The deterrence of crime and the protection of the victims of crime and of witnesses assisting in the investigation and prosecution of crimes.


NOTE: The purpose of this bill is to provide civil liability immunity to the victims of crimes and to witnesses who provide evidence in the investigation and prosecution of crimes.

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