hb0979i_2.ps

SECOND REGULAR SESSION

HOUSE BILL NO. 979

92ND GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES LIPKE (Sponsor), MAYER, GOODMAN, CROWELL, SUTHERLAND, NIEVES, RUPP, THRELKELD, STEFANICK, PRATT, YATES,

MUNZLINGER AND STEVENSON (Co-sponsors).Read 1st time January 8, 2004, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

3740L.01I


 

AN ACT

To repeal section 575.150, RSMo, and to enact in lieu thereof one new section relating to resisting or interfering with arrest, with penalty provisions.





Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 575.150, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 575.150, to read as follows:

            575.150. 1. A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:

            (1) Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or

            (2) Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.

            2. This section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation.

            3. A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person.

            4. It is no defense to a prosecution pursuant to subsection 1 of this section that the law enforcement officer was acting unlawfully in making the arrest. However, nothing in this section shall be construed to bar civil suits for unlawful arrest.

            5. Resisting or interfering with an arrest for a felony is a class D felony. Resisting an arrest, detention, or stop by fleeing in such a manner that the person fleeing creates a substantial risk of serious physical injury or death to any person is a class D felony; otherwise, resisting or interfering with an arrest, detention or stop is a class A misdemeanor.