Bill > SB19

This bill modifies West Virginia law to provide expanded civil and criminal immunity for individuals using force in self-defense or defense of property. The bill allows lawful occupants of a home to use force, including deadly force, against intruders when they reasonably believe they or others are in danger of death or serious bodily harm, or when they believe the intruder intends to commit a felony. The legislation removes the requirement for "reasonable and proportionate" force, instead allowing individuals to use force to the degree they believe is necessary. The bill also eliminates the duty to retreat when defending oneself outside the home if there is a reasonable belief of imminent danger. Importantly, the bill provides full civil and criminal defense for justified use of force and mandates that courts award attorney's fees, court costs, and expenses to defendants found immune from prosecution. The bill includes protections for defending another person, allowing force when a reasonable person would believe it necessary to prevent death, serious injury, or a felony. However, the immunity does not apply to individuals attempting to commit a felony, those who intentionally provoke confrontations, or those resisting law enforcement officers acting within their duties.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=19&year=2025&sessiontype=RS&btype=bill