HB2511: Civil immunity; provided for persons acting in defense of property.


HOUSE BILL NO. 2511
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 31, 2011)
(Patron Prior to Substitute--Delegate Cleaveland)
A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to immunity for persons acting in defense of property.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 8.01-223.3 as follows:

§ 8.01-223.3 Immunity for persons acting in defense of property.

Any person who lawfully occupies a dwelling and uses any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, having 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 injury, 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. 2511
Offered January 21, 2011
A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to immunity for persons acting in defense of property.
Patron-- Cleaveland

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 8.01-223.3 as follows:

§ 8.01-223.3. Immunity for persons acting in defense of property.

A person involved in an incident whereby he injures or kills another while engaged in the defense of his dwelling, its curtilage, or any occupant of the dwelling and its curtilage, shall not be liable for any civil damages resulting from the incident, provided that (i) after an investigation by the attorney for the Commonwealth or other responsible law-enforcement agency for the jurisdiction no criminal charges are filed against the person or (ii) the person is acquitted of any criminal charges filed related to the incident or such charges are otherwise dismissed with prejudice.