FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PARSON (Sponsor), DAY, PORTWOOD, BIVINS, MEADOWS, WILSON (119), McGHEE, JONES (117) AND SCHAD (Co-sponsors).
Read 1st time February 22, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 565.081, RSMo, and to enact in lieu thereof two new sections relating to crimes against criminal justice officials and corrections personnel, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.081, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 565.015 and 565.081, to read as follows:
565.015. 1. A person commits the crime of murder of a criminal justice official in the first degree, if, after deliberation upon the matter, such person knowingly causes the death of a criminal justice official and:
(1) The criminal justice official was engaged in the performance of lawful duties; or
(2) The person knowingly caused the death of the criminal justice official because of his or her status as a criminal justice official.
2. Murder of a criminal justice official in the first degree is a felony which shall be punished by death unless the jury finds that there are mitigating circumstances established in law that are sufficiently substantial to call for leniency.
3. For purposes of this section, "criminal justice official" means any person who is a peace officer as defined in section 590.010, RSMo, prosecuting attorney, assistant prosecuting attorney, circuit attorney, assistant circuit attorney, judge, jailer, and corrections personnel. "Corrections personnel" means a probation and parole officer and any employee of a correctional center or any person assigned to work in a correctional center as defined in section 217.010.
565.081. 1. A person commits the crime of assault of a law enforcement officer, emergency personnel, or [probation and parole officer] corrections personnel in the first degree if such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer [or] , emergency personnel, or corrections personnel.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. As used in this section, "corrections personnel" means any employee of a correctional center or any person assigned to work in a correctional center, as defined in section 217.010, RSMo, probation and parole officer, and any jailer.
4. Assault of a law enforcement officer, emergency personnel, or [probation and parole officer] corrections personnel in the first degree is a class A felony.
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