FIRST REGULAR SESSION
HOUSE BILL NO. 60
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES RUESTMAN (Sponsor), WOOD, MUNZLINGER, JONES (117), SMITH (14), DAY, FISHER, DIXON, SANDER, FAITH, WILSON (130), SATER, WHORTON, WALLACE, DUSENBERG, WELLS, ROBB, STEVENSON, WRIGHT, DENISON, MUSCHANY, MOORE, LEMBKE, SMITH (150), ONDER, DETHROW AND SCHOELLER (Co-sponsors).
Pre-filed December 4, 2006 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
To repeal sections 563.011, 563.031, 563.036, and 563.041, RSMo, and to enact in lieu thereof four new sections relating to the use of force.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 563.011, 563.031, 563.036, and 563.041, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 563.011, 563.031, 563.041, and 563.074, to read as follows:
563.011. As used in this chapter the following terms shall mean:
(1) "Deadly force" means physical force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious physical injury[.] ;
(2) "Dwelling" [means] , any building [or] , inhabitable structure, [though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging.] or conveyance, of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
(3) "Forcible felony", any felony which involves the use or threat of physical force or violence against any individual including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
[(3)] (4) "Premises", includes any building, inhabitable structure and any real property[.
(5) "Private person" [means] , any person other than a law enforcement officer[.] ;
(6) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
(7) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
(8) "Unlawfully enter", a person unlawfully enters in or upon premises when he or she enters such premises and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon premises which are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building which is only partly open to the public is not a license to enter in that part of the building which is not open to the public.
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
(c) The aggressor is justified under some other provision of this chapter or other provision of law;
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force[.] ;
(3) The actor was attempting to commit, committing, or escaping after the commission of, a forcible felony.
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, [rape, sodomy or kidnapping or serious physical injury through robbery, burglary or arson] or any forcible felony; or
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person;
3. A person does not have a duty to retreat from a dwelling, residence, or vehicle, where the person is not unlawfully entering or unlawfully remaining.
[3.] 4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
[4.] 5. The defendant shall have the burden of injecting the issue of justification under this section.
563.041. 1. A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
2. A person may use deadly force under circumstances described in subsection 1 only when such use of deadly force is authorized under other sections of this chapter.
3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
4. The defendant shall have the burden of injecting the issue of justification under this section.
563.074. 1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.
2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection 1 of this section.
[563.036. 1. A person in possession or control of premises or a person who is licensed or privileged to be thereon, may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of the crime of trespass by the other person.
2. A person may use deadly force under circumstances described in subsection 1 of this section only:
(1) When such use of deadly force is authorized under other sections of this chapter; or
(2) When he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit arson or burglary upon his dwelling; or
(3) When entry into the premises is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering physical violence to any person or being in the premises and he reasonably believes that force is necessary to prevent the commission of a felony.
3. The defendant shall have the burden of injecting the issue of justification under this section.]