Bill Text: VA HB854 | 2010 | Regular Session | Comm Sub

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Bill Title: Castle doctrine; right to use physical force against an intruder, immune from civil liability.

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Engrossed - Dead) 2010-03-03 - Senate: Passed by indefinitely in Courts of Justice (9-Y 6-N) [HB854 Detail]

Download: Virginia-2010-HB854-Comm_Sub.html

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10104769D
HOUSE BILL NO. 854 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 10, 2010) (Patrons Prior to Substitute--Delegates Morefield and Merricks [HB 251]) 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.

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, 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.

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.