Virginia Legislators Side With Home Invaders
By Dave Gibson (03/18/08)
Last month, the Virginia Senate decided to kill a bill which would have given protection against criminal prosecution and civil lawsuits to any homeowner for using 'any degree of physical force," against intruders. Afterwards, Del. William R. Janis (R-Henrico) who introduced the bill told the Richmond-Times Dispatch: "We say that a person's home is their castle. But we don't really mean it in Virginia law."
Janis cited a particularly grisly multiple murder in 2006 as one the motivating factors as to why he drafted this legislation. On New Years Day 2006, the Harvey family in South Richmond were killed by two home-invaders. During the robbery, both Brian and Kathryn Harvey as well as their two little children Stella and Ruby were murdered. But added that a recent rise in home-invasion robberies, as well the case of a Richmond ice cream store manager who shot and killed a robber, and was threatened with charges from the district attorney--also spurred the Delegate to introduce the bill.
HB710 read as follows:
"Self defense and defense of others."
"Provides that 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 believes he or another person in the dwelling is in imminent danger of bodily injury. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person."
Though the bill was killed by the Va. Senate Courts of Justice Committee, it had passed with overwhelming support in the House, with a 80-19 vote.
So why would a bill which received very strong bi-partisan support in one house of the General Assembly be killed in committee (11-4 vote), without even receiving a vote in the other body?...Perhaps, it is the fact that six of the eleven who voted not to give immunity from prosecution or from lawsuits to homeowners--are trial lawyers!
The names of those Va. legislators/lawyers are as follows:
-Henry L. Marsh III (D)
-Ken Stolle (R)
-Creigh Deeds (D)
-Thomas Norment (R)
-Roscoe Reynolds (D)
-John Edwards (D)
Of course, if a bill passed which made it impossible to sue anyone who injured or killed an intruder, these folks could not represent the criminal invader. There is a tremendous conflict of interest, with trial lawyers sitting in judgment of bills which potentially give protection to law abiding citizens over criminals. Obviously, this committee chose the latter and in doing so, protected their ability to sue people who only wish to protect their families.
Unfortunately, Virginia law, as Del. Janis described "makes the homeowner the person who has to prove they acted in a reasonable fashion, not the intruder. All this does is shift the presumption around and says the homeowner is presumed to have acted reasonably, unless and until the facts demonstrate that they didn't act reasonably."
The Va. State Senators on the Courts of Justice Committee who voted against this bill have betrayed the law abiding public. They have also proven that there are far too many lawyers in our legislative bodies.
As for myself as a member of the well-armed, lawful citizenry, I will continue to live by the adage..."It is better to be judged by twelve than carried by six!"
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Email: Dave Gibson
