HCS HB 189 & 60 -- DEFENSIVE USE OF FORCE (Jones, 117)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

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 an 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 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.

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