"Castle Doctrine" bill passes House, moves on to Senate, in VA assembly.

[Statistical]

VA has always had "castle doctrine" like case law protecting the right of self defense however there has been a push to codify that in statute to avoid reliance on case law.

http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1573

HB 1573
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"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."

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I am not sure I like the wording "overt act". Unlawful entry should be considered an overt act in itself. Still it is a start.

[Name removed]

1. Deleted message

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[Khan Descend]

2. Might I inquire why you are so opposed to self-defense?

It doesn't seem to me very progressive to be on the side of thugs and criminals...

[Statistical]

4. The bill has unanimous bipartisan support.

Self defense is a human right.

[onehandle]

6. .

.

[YllwFvr]

3. I wish we had a Stand Your Ground law here

Ours got timed out last year. It was introduced too late. It had about 75% of our reps signed onto it, we had such high hopes

[saras]

5. As long as it's fair

As long as it gets you off for shooting police officers who are behaving inappropriately, I'm all for it.

Because door-to-door salespeople are pretty much obsolete.

[TheWraith]

7. You make a good point.

And an example of why the "raid" style of police serving warrants should almost never be used. It's easy for a couple home invaders to break in waving guns and claiming to be police--and you have to make a snap decision whether you believe them or not. If you're wrong, either way it could mean the end of your life.

You should be able to be confident that the REAL police are not going to break down the wrong door, or come in pointing guns to arrest someone for bouncing checks.

[beevul]

8. The march continues. N/T

[Euromutt]

9. I'm surprised Virginia didn't already have a Castle Doctrine law (n/t)

[Statistical]

10. To my knowledge no persons who used lethal force in defense of a home

under a situation that would be protected by Castle Doctrine has ever been convicted.
Case Law pretty much guarantees that as a valid defense.

So from a technical standpoint the law will change little however many of us have been pushing for this case law defense to be formally codified into statute.

[jeepnstein]

11. It makes a huge difference.

I have a friend who recently shot a burglar. It was broad daylight and the guy just kicked in the front door to make entry. My friend was upstairs taking a nap since he'd had some health issues lately. I'm thinking he's around 72 or 73 now, a retired cop and former County Sheriff. The intruder didn't make it very far through the house before he was shot. He ran outside, at which point my friend broke contact, and collapsed in the street. If he survives, which is doubtful, he'll be charged with burglary. The homeowner didn't have to worry about a looming Grand Jury inquiry, or civil lawsuits from the injured criminal.

The knowledge that the law is indeed on his side has helped tremendously with his stress from all of this. It's not easy to shoot someone. It's not easy to have your house burglarized. At least he doesn't have to fear a never-ending string of court battles over all this. The criminal chose his own path, and chose poorly.

[Statistical]

12. True.

However in VA under similar circumstances it would be highly likely that the case would never made it to grand jury, most likely there wouldn't even be an indictment.

Still I agree having it codified in the statute is better which is why we are pushing for this bill.

[oneshooter]

13. All that is good. However......

Does the law as written prevent the goblin, or its kinpeople, from sueing him for everything he ownes? Because if it doesn't then it fails to protect him.

SECTION 4. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 83.001. CIVIL IMMUNITY . A defendant who uses force or<, at the time the cause of action arose, was justified in using> deadly force that is justified under Chapter 9

, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable .

SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose. For the purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. An action that accrued before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007.



Oneshooter
Armed and Livin in Texas

[ProgressiveProfessor]

14. Blocking civil suits is a key point

My wife and I were concerned about that for some time after she shot a perp in a home invasion