SECOND REGULAR SESSION

HOUSE BILL NO. 1194

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES ALTER (Sponsor), LEVIN, KASTEN, WIELAND, OSTMANN, SECREST, BARTELSMEYER, RIDGEWAY, LOUDON, SALLEE, ENZ, HENDRICKSON, BROACH, SUMMERS, FROELKER, ROBIRDS, BARNETT AND HARTZLER (124).

Read 1st time January 18, 1996 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L2975.02I

AN ACT

To repeal section 544.216, RSMo 1994, relating to crimes and punishment, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 544.216, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 544.216, to read as follows:

544.216. 1. Any sheriff or deputy sheriff, any member of the Missouri state highway patrol, any member of the Missouri state water patrol and any county or municipal law enforcement officer in this state, except those officers of a political subdivision or municipality having a population of less than two thousand persons or which does not have at least four fulltime nonelected peace officers unless such subdivision or municipality has elected to come under and is operating under the provisions of sections 590.100 to 590.150, RSMo, may arrest on view, and without a warrant, any person [he] the law enforcement officer sees violating or who [he] the law enforcement officer has reasonable grounds to believe has violated any law of this state, including a misdemeanor, or has violated any ordinance over which such officer has jurisdiction. Peace officers of a municipality shall have arrest powers, as described in this section, upon lands which are leased or owned by the municipality in an unincorporated area. Ordinances enacted by a municipality, owning or leasing lands outside its boundaries, may be enforced by peace officers of the municipality upon such owned or leased lands. The power of arrest authorized by this section is in addition to all other powers conferred upon law enforcement officers, and shall not be construed so as to limit or restrict any other power of a law enforcement officer.

2. Notwithstanding the provisions of subsection 1 of this section, after August 28, 1996, any sheriff or deputy sheriff, any member of the Missouri state highway patrol, any member of the Missouri state water patrol and any county or municipal law enforcement officer in this state, may arrest on view, and without a warrant, at any place within this state, any person the law enforcement officer sees asserting physical force for the purpose of causing or creating a substantial risk of death or serious physical injury to any person. The power of arrest authorized by this section is in addition to all other powers conferred upon law enforcement officers, and shall not be construed so as to limit or restrict any other power of a law enforcement officer.