West Virginia legislation · 2025 Regular Session
West Virginia HB3442: Relating to deadly force
Status: Introduced, March 17, 2025
The purpose of this bill is to provide a complete defense from civil and/or criminal prosecution against persons lawfully using force in defensive actions.
What the bill says
To amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to use of force, including deadly force, in defense of self, real, and personal property in a residence, or on curtilage whereupon the home or other place of residence is located; providing a complete defense from civil and/or criminal prosecution against persons lawfully using force in defensive actions; when there is no duty to retreat; and providing for the receipt of court costs, fees, and expenses for persons acting to protect self, real, and personal property, another person or in certain civil.
From the introduced text, March 17, 2025:
A BILL to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to use of force, including deadly force, in defense of self, real, and personal property in a residence, or on curtilage whereupon the home or other place of residence is located; providing a complete defense from civil and/or criminal prosecution against persons lawfully using force in defensive actions; when there is no duty to retreat; and providing for the receipt of court costs, fees, and expenses for persons acting to protect self, real, and personal property, another person or in certain civil actions, providing what constitutes justified use of deadly force in defense of another. ARTICLE 7. ACTIONS FOR INJURIES AND ACTIONS RELATING TO NECESSARY DEADLY FORCE. §55-7-22. Civil and criminal relief for persons resisting certain criminal activities; civil and criminal relief for persons resisting certain criminal activities and using permitted force and acting within the law for the use of that force; exceptions to relief; nonapplication of relief when person creates a hazardous or dangerous condition; providing civil remedies in civil actions relating to justified use of force; use of deadly force in defense of others. (a) Lawful use of force. -- A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including …