H. B. 4528
(By Delegates Butcher, Eldridge, Beach,
DeLong, Hrutkay, Barker, Stemple,
Rick Thompson and Boggs)
[Introduced
February 13, 2006
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-22a, relating
to defense of self, others and property; and providing
immunity from civil or criminal 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 §55-7-22a, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-22a. Immunity for acts to protect home and motor vehicle
from criminal
intruder.
(a) Any person who unlawfully intrudes into the private
residential abode of another, into a motor vehicle legally occupied
by another, or in any other place another person has a legal right
to occupy or otherwise be situated, and who intends to commit any
criminal act therein or upon the person of another, assumes the risk of loss, injury or death that might result from the use of
force or deadly force, to repel the intrusion, by a person lawfully
on the premises who reasonably believes that force is necessary to
prevent death or serious bodily harm to themself or others.
In
such event, a presumption exists that the intruder is bent on
malicious mischief, including causing serious bodily harm or death
to the person who is in legal occupation of the residential abode,
motor vehicle or other place.
(b) Any person who uses force to repel another or to prevent
a criminal act, in accordance with the provisions of subsection (a)
of this section, is immune from civil or criminal liability for any
damage, injury or death that results from the use of the force.
NOTE: The purpose of this bill is to authorize the use of
deadly force by a person in any place the person has a legal right
to be, against an intruder. The bill provides for immunity from
civil or criminal liability for the person who uses the deadly
force to repel the intruder.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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