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2001 SESSION

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012249788
HOUSE BILL NO. 2369 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to use of force against intruder. ---------- Patron-- Joannou ---------- 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 deadly physical force against an intruder; immunity.

Any occupant of 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 and the occupant has a reasonable belief that, in addition to his unlawful entry, (i) the other person has committed, is committing or intends to commit, a crime in the dwelling against a person or property and (ii) the other person might use physical force, no matter how slight, against the occupant or another person in the dwelling.

Any occupant of a dwelling using physical force, including deadly physical force, as provided in this section shall be immune from criminal prosecution for the use of such force and from civil liability for injuries or death resulting from the use of such force.