HB710: Self defense and defense of others; person occupying dwelling may justify when unlawful entry.


HOUSE BILL NO. 710
House Amendments in [ ] – February 7, 2008
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.
Patron Prior to Engrossment--Delegate Janis

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-91.1 as follows:

§ 18.2-91.1. Use of physical force, including deadly force, against an intruder; justified self defense.

Any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily [ harm injury ] .

Any occupant of a dwelling using physical force, including deadly physical force, as provided in this section shall be immune from civil liability for injuries or death of the other person who has unlawfully entered the dwelling that results from the use of such force.

HOUSE BILL NO. 710
Offered January 9, 2008
Prefiled January 8, 2008
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.
Patron-- Janis

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-91.1 as follows:

§ 18.2-91.1. Use of physical force, including deadly force, against an intruder; justified self-defense.

Any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm.

Any occupant of a dwelling using physical force, including deadly physical force, as provided in this section shall be immune from civil liability for injuries or death of the other person who has unlawfully entered the dwelling that results from the use of such force.