Missouri House Bill 189 & 60


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Zor Omega
June 18, 2007, 02:07 AM
I don't know if this has been talked about here, but I wanted to post this. Matt Blunt just signed this into law about a month ago and it will take effect in August. Finally law abiding citizens have the right to defend themselves without fear of being sued.

HOUSE BILL NOS. 189 & 60

94TH GENERAL ASSEMBLY


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Reported from the Special Committee on General Laws February 8, 2007 with recommendation that House Committee Substitute for House Bill Nos. 189 & 60 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(21)(f).

Reported from the Committee on Rules February 13, 2007 with recommendation that the House Committee Substitute Do Pass, with no time limit for debate on Perfection.

Taken up for Perfection February 15, 2007. House Committee Substitute ordered Perfected and printed, as amended.

D. ADAM CRUMBLISS, Chief Clerk

0562L.02P


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AN ACT

To amend chapter 563, RSMo, by adding thereto two new sections relating to the defensive use of force.


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



Section A. Chapter 563, RSMo, is amended by adding thereto two new sections, to be known as sections 563.043 and 563.058, to read as follows:

563.043. 1. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible act was occurring or had occurred.

2. The presumption set forth in subsection 1 of this section does not apply if:

(1) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(2) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody of or under the lawful guardianship of the person against whom the defensive force is used; or

(3) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(4) The person against whom the defensive force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

3. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force if he or she reasonably believes it necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

4. A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

563.058. 1. A person who uses force as permitted in sections 563.031, 563.036, 563.043, and 563.046, is justified in using such force and is immune from civil actions for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.

2. A law enforcement agency may use standard procedures for investigating the use of force as described in subsection 1 of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

3. The court shall award reasonable attorney's fees and court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune as provided in subsection 1 of this section.

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Kelly J
June 18, 2007, 02:18 AM
I think you might be mistaken the final bill that passed is SB62 and the Govonor is supposed to sign it on or about the 4th of July.

http://http://www.senate.mo.gov/07info/pdf-bill/tat/SB62.pdf

Zor Omega
June 18, 2007, 03:49 AM
Yes I think the hb 189 was the preliminary, that turned into the sb, but I could have sworn that Blunt signed it into law already. I'll have to check it out.

Technosavant
June 18, 2007, 11:45 AM
Yes I think the hb 189 was the preliminary, that turned into the sb, but I could have sworn that Blunt signed it into law already. I'll have to check it out.

No, no, and no. HB189 failed, it was not transformed into SB62 (it was a separate bill), and neither have been signed yet.

HB 189 was a STRONGER bill, it would have provided "anywhere you have a lawful right to be" language. SB62, which was the passed bill, provides protection only in your home (or other overnight dwelling) and vehicle. It also removes the antiquated Permit to Acquire system for handguns.

The final agreed upon version of SB62 has not yet been signed. Blunt WILL sign it, he has not done so yet. Even if he doesn't it takes effect on Aug. 28th. The only way it won't would be if he would veto it, which is about as likely as Hillary Clinton going down to the White House and kissing President Bush full on the mouth.

For more on MO's RKBA stuff, head on over to missouricarry.com- you'll find all you wanted to know and more.

Kelly J
June 19, 2007, 12:54 AM
Just to clear the records the HB189 was the bill we hoped to get and it was the best bill for our purpose but the bill in fact was lost to a SB compromise bill SB62 which did in fact pass and will become law Aug. 28th 2007,.

Rest asured it has been stated that the parts of HB189 that we did not get included in SB62 will be brought up again but for now HB189 is dead. We had a lot of Bills all dealing with the issue of Self Defence, 2nd Amendment issues, the PTA (Jim Crow Law) that it became a you give us this and we will give you that, the one issue that we did not get was the Anywhere you are at Clause on the Self Defence issue, we got the Home invation, abiity to protect ourselves in our Viehicles from criminals, and the Burden of Proof removed from the defendants but to have the ability to defend ourselves from a Criminal attack no matter where we were, we did not get, but we are hopeful that we will get it next time around.

Again HB189 is not on the table for consideration.

Zor Omega
June 19, 2007, 04:52 PM
wow, ok. Well I guess I was mistaken. SO the bill that will be passed is the SB62. Thanks for clearing that up for me.

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