HB 60 -- Defensive Use of Force

Sponsor:  Ruestman

This bill allows the justifiable use of deadly force in several
new circumstances against persons who pose what a reasonable
person would believe to be the imminent threat of harm.  The duty
to retreat is abolished for those persons using deadly force to
prevent someone from unlawfully entering or remaining in a
residence, a dwelling designed for lodging persons, or a vehicle.
Anyone who takes actions that create a reasonable fear of the
imminent use of unlawful force to another person and who
unlawfully enters or remains in vehicles, residences, or
buildings used for lodging may be subject to the legitimate use
of deadly force.

The use of deadly force will be allowed for persons, in any
location, in order to protect themselves against what a
reasonable person would believe to be the imminent threat of any
type of forcible felony.  Currently, the use of deadly force that
a reasonable person believes is necessary to prevent death,
serious bodily injury, and other specified felonies is allowed.

Anyone who uses force in a lawful manner will be immune from both
civil and criminal penalties.  If anyone sues a person who is
ultimately found to have acted lawfully in using defensive force,
the plaintiff and his or her attorney must pay court costs and
any expenses incurred by the defendant as a result of the
lawsuit.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:17 am