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WV HB3442
Bill
Status
3/17/2025
Primary Sponsor
Margitta Mazzocchi
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AI Summary
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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"
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Eliminates any duty to retreat for lawful occupants when defending against intruders or attackers within their home, residence, or curtilage
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Creates a complete defense against both civil lawsuits and criminal prosecution for individuals who use justified force in self-defense or defense of property
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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
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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