HCS HB 189 & 60 -- DEFENSIVE USE OF FORCE

SPONSOR:  Tilley (Jones, 117)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 7 to 1.

This substitute changes the laws regarding the defensive use of
force.  In its main provisions, the substitute:

(1)  Allows individuals to defend themselves from an imminent
attack as long as the person using defensive force has a right to
be in the area where he or she is threatened or attacked;

(2)  Allows individuals to use deadly force against those who
unlawfully enter dwellings, residences, and vehicles.  The
substitute does not allow the use of deadly force against anyone
who has a legal right to enter a dwelling, residence, or vehicle
including those who are not subject to a restraining order
prohibiting them from entering these places; anyone seeking to
remove his or her child or grandchild or any other minor over
whom he or she has legal custody from a dwelling, residence, or
vehicle; or anyone who is known or should reasonably be known by
the person using defensive force to be a police officer;

(3)  Creates an exemption to the general rule that deadly force
may be used to defend against individuals illegally entering
dwellings, residences, and vehicles if the person using defensive
force is engaged in unlawful activity or is using the dwelling,
residence, or vehicle for unlawful purposes; and

(4)  Allows remedies including the award of attorney fees for
anyone acquitted of civil or criminal wrongdoing because he or
she engaged in legitimate self defense as specified in the
substitute.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bills change the common law
doctrine that requires a duty to retreat in situations where an
individual is breaking into another person's home or automobile.
The burden of proof for self defense is shifted to the
prosecution.  There are many home invasions and burglaries in the
state where families need the legal right to protect themselves
from criminals.  There is also a need to reimburse defendants for
reasonable attorney fees in situations where aggressors or their
families bring frivolous lawsuits against the victims of violent
crime.

Testifying for HB 189 were Representative Jones (117); Tim
Oliver; Stuart Strickler; National Rifle Association; and
Missouri Family Network.  Testifying for HB 60 were
Representative Ruestman; Tim Oliver; Stuart Strickler; National
Rifle Association; Missouri Family Network; and Vicki Gwynn.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am