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WV HB4878

Bill

Status

Introduced

1/28/2026

Primary Sponsor

Margitta Mazzocchi

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Expands West Virginia's castle doctrine to allow use of deadly force not only inside the home but also on the curtilage (surrounding property) to prevent unlawful entry or protect against intruders who may cause death, serious harm, or commit a felony
  • Removes the duty to retreat for lawful occupants attacked within their home or on the curtilage of their residence
  • Establishes that justified use of reasonable and proportionate force provides a complete defense to both civil lawsuits and criminal prosecution
  • Permits courts to award attorney's fees, court costs, and expenses to defendants who successfully use this defense in civil cases, or to individuals who file civil actions after being acquitted in related criminal cases
  • Defines when deadly force is justified in defense of another person, requiring a reasonable belief that such force is 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

1/28/2026

Committee Referrals

Judiciary1/28/2026

Full Bill Text

No bill text available