Bill > HB4878

This bill strengthens the West Virginia castle doctrine, which refers to laws that allow individuals to use deadly force in self-defense within their homes. It provides a complete defense against both civil lawsuits and criminal prosecution for individuals who lawfully use reasonable and proportionate force, including deadly force, to defend themselves or others against intruders or attackers. This defense applies when there's a reasonable belief of imminent danger of death or serious bodily harm, or an intent to commit a felony, and it extends to the curtilage, which is the area immediately surrounding a home. The bill also clarifies that a person does not have a duty to retreat in these situations and allows for the recovery of attorney's fees and costs in certain civil actions related to the justified use of force. However, this defense is not available to individuals who are committing a felony, provoke the attack with intent to harm, or fail to withdraw from a confrontation after indicating a desire to do so.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4878&year=2026&sessiontype=RS&btype=bill