COMMITTEE SUBSTITUTE
FOR
H. B. 2456
(By Delegates
Faircloth, Shaver,
Shelton and Stemple
)
(Originating in the Committee on the Judiciary)
[February 25, 2003]
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
twenty-one, 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 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 twenty-
one, 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, injury or
death 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. To be eligible for
this protection the person asserting immunity must show that his or
her actions were reasonable and proportionate to the crime being
committed.
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