Senate Bill No. 295
(By Senator Harrison, By Request)
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[Introduced January 27, 2004; referred to the Committee on the
Judiciary.]
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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 or injury
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. The person asserting
immunity must show that his or her actions were reasonable and
proportionate to the crime being committed in order to be eligible
for this protection.
NOTE: The purpose of this bill is to
provide limited immunity
from civil liability in defense of self, others and property.
This section is new; therefore, strike-throughs and
underscoring have been omitted.