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WV HB3442

Bill

Status

Introduced

3/17/2025

Primary Sponsor

Margitta Mazzocchi

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Expands legal justification for using deadly force to include defense of home, residence, and the surrounding curtilage (yard/grounds), removing the previous requirement that force be "reasonable and proportionate"

  • Eliminates any duty to retreat for lawful occupants when defending against intruders or attackers within their home, residence, or curtilage

  • Creates a complete defense against both civil lawsuits and criminal prosecution for individuals who use justified force in self-defense or defense of property

  • Requires courts to award attorney's fees, court costs, and expenses to defendants who successfully defend against civil claims brought by intruders/attackers, or who file civil suits after being acquitted or pardoned in related criminal cases

  • Establishes that deadly force in defense of another person is justified when a reasonable person would believe it necessary to protect a third party from imminent death or serious bodily injury

Legislative Description

Relating to deadly force

Actions, Suits and Liens

Last Action

To House Judiciary

3/17/2025

Committee Referrals

Judiciary3/17/2025

Full Bill Text

No bill text available