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Senate adopts amendment adding culpability standard to civil-immunity bill
Summary
Senators debated Substitute House Bill 8, which limits civil actions against property owners who use force in response to felonies. Floor amendments removed an "on his property" limitation and added a recklessness standard; the amendment passed by division and the amended bill passed the Senate.
Substitute House Bill 8, a proposal to limit civil lawsuits against property owners who use force when a felony is committed against them, drew extended floor consideration and at least one significant floor amendment.
Sponsor debate focused on whether the protection should be confined to incidents "occurring on his property" or should apply more broadly. Senator Paul (Polson/Polton spelling appears in the record) proposed deleting the phrase "occurring on his property," arguing the deletion would broaden protections; other senators opposed that removal, warning it could have unintended consequences and produce bizarre results if no culpability standard were specified.
Senator Hilliard and others argued the bill needed a clearer threshold for civil immunity and moved to insert a culpability standard such as "recklessness" to avoid absolute liability for property owners who intentionally inflict serious harm. "I think there ought to be at least a standard," Hilliard said on the floor, pressing for a legal test to distinguish permissible defensive acts from wrongful conduct.
The floor voted on the amendment to add a recklessness standard; a division was called, 15 senators stood in favor, and the amendment passed and was incorporated into the bill. The amended substitute was subsequently put to a roll-call vote and recorded as passing the Senate with the tallied ayes reported on the record; the measure will be referred back to the House for consideration after enrollment.
The debate highlighted concerns about drafting precision: senators warned that broadly written civil-immunity provisions could deprive injured parties of legitimate civil remedies or produce inconsistent outcomes depending on later court interpretation. Proponents insisted the measure was intended to protect people defending their homes and property from costly civil claims when they face serious felonies.
Next steps: the amended substitute will be enrolled and forwarded to the House for final action.
