HB46 Summary

• Property owners and their agents are immune from civil liability for reasonable and proportionate acts taken to resist criminal conduct by persons unlawfully entering their property, provided the owner acts as a reasonably prudent person would under similar circumstances.

• Persons who unlawfully enter or attempt to enter property for purposes of engaging in criminal conduct assume the risk for any injuries resulting from their criminal acts, for purposes of civil liability only.

• Property is defined as real property and buildings, structures, and improvements thereon.

• The immunity provisions do not apply to hidden hazardous or hidden dangerous conditions intentionally created on the property designed to prevent criminal conduct or cause injury to persons engaging in criminal conduct.

• The act became effective on the first day of the third month following passage and approval by the Governor; passed the House on February 23, 2012 and the Senate on May 16, 2012.