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MO HB2126

Bill

Status

Engrossed

4/28/2014

Primary Sponsor

Joe McGaugh

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Allows use of deadly force against someone unlawfully entering, remaining after unlawfully entering, or attempting to unlawfully enter private property owned or leased by an individual, or occupied by someone with specific authority from the property owner.

  • Eliminates duty to retreat from dwelling, residence, vehicle, or private property owned or leased by the person.

  • Permits deadly force when reasonably believed necessary to protect against death, serious physical injury, any forcible felony, or against unlawful entry into occupied dwelling, residence, or vehicle.

  • Places burden on defendant to raise justification defense, but shifts burden to state to prove beyond reasonable doubt that defendant did not reasonably believe deadly force was necessary when asserting defense against unlawful entry.

  • Extends justification for use of physical restraint as protective force, requiring actor to terminate restraint as soon as reasonably possible.

Legislative Description

Specifies that an individual who is occupying private property under the authority of the property owner must be permitted to use deadly force in certain situations

Last Action

Executive Session Scheduled - Monday, May 12, 2014, 2:00pm, Senate Committee Room 1

5/12/2014

Committee Referrals

Rules4/3/2014
General Laws3/12/2014

Full Bill Text

No bill text available