SECOND REGULAR SESSION

HOUSE BILL NO. 1316

93RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES LIPKE, MUNZLINGER, DIXON, SCHAD, MEADOWS, ROORDA, PARSON, WOOD, YOUNG, DARROUGH, CORCORAN AND BIVINS (Co-sponsors).

                  Read 1st time January 10, 2006 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

3590L.01I

AN ACT

To amend chapter 575, RSMo, by adding thereto one new section relating to disarming a peace officer, with a penalty provision.

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

            Section A. Chapter 575, RSMo, is amended by adding thereto one new section, to be known as section 575.153, to read as follows:

            575.153. 1. A person commits the crime of disarming a peace officer, as defined in section 590.100, RSMo, or a correctional officer if such person intentionally:

            (1) Removes a firearm or other deadly weapon from the person of a peace officer or correctional officer while such officer is acting within the scope of his or her official duties; or

            (2) Deprives a peace officer or correctional officer of such officer's use of a firearm or deadly weapon while the officer is acting within the scope of his or her official duties.

            2. The provisions of this section shall not apply when:

            (1) The defendant does not know or could not reasonably have known that the person he or she disarmed was a peace officer or correctional officer; or

            (2) The peace officer or correctional officer was engaged in an incident involving felonious conduct by the peace officer or correctional officer at the time the defendant disarmed such officer.

            3. Disarming a peace officer or correctional officer is a class C felony.

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