Senate Bill No. 410
(By Senators Kimble and Buckalew)
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[Introduced February 17, 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 criminals from collecting
damages from private citizens for injuries sustained while
such criminal was committing, attempting to commit or
fleeing from the commission of a criminal act upon which the
person is convicted of a felony.
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. Convicted criminals barred from collecting damages for
injuries sustained in or around the commission of a
felony.
Notwithstanding any provision of law to the contrary, no
person convicted of any felony may collect damages from another
person for injuries sustained while committing, attempting to
commit, or fleeing from the commission of, a criminal act or acts
for which such person was convicted of a felony: Provided, That
this provision does not apply to injuries inflicted upon another
in an unlawful or malicious manner.
NOTE: The purpose of this bill is to bar criminals from
collecting damages for injuries sustained during the commission,
attempted commission or flight from the commission, of a crime
which is later determined to be a felony offense.
Section eighteen is new; therefore, strike-throughs and
underscoring have been omitted.