MO
Missouri Senate Bill SB168

Missouri 2025 Regular Session

Missouri Senate Bill SB168 Compare Versions

OldNewDifferences
1-1340S.02C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
55 SENATE BILL NO. 168
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR BURGER.
8+1340S.01I KRISTINA MARTIN, Secretary
69 AN ACT
7-To repeal sections 534.602, 534.604, and 569.200,
8-RSMo, and to enact in lieu thereof three new sections
9-relating to the unlawful occupancy of property, with
10-penalty provisions.
10+To repeal sections 534.602, 534.604, and 569.200, RSMo, and to enact in lieu thereof three new
11+sections relating to the unlawful occupancy of property, with penalty provisions.
1112
1213 Be it enacted by the General Assembly of the State of Missouri, as follows:
13- Section A. Sections 534.602, 534.604, and 569.200, RSMo,
14-are repealed and three new sections enacted in lieu thereof, to
15-be known as sections 534.602, 534.604, and 569.200, to read as
16-follows:
17- 534.602. 1. For purposes of this section, the
18-following terms mean:
19- (1) "Commercial vacant building", a building used for
20-commercial purposes, not including buildings containing a
21-single or multifamily residential dwelling, where less than
22-thirty percent of the total square footage of the build ing
23-is unoccupied and not used for the intended commercial
24-purpose of the building;
25- (2) "Petitioner", the property owner, or an authorized
26-agent of a property owner, of property containing a
27-residential dwelling , property containing a commercial
28-vacant building, or property exclusively consisting of
29-vacant land, who has filed a verified petition under the
30-provisions of this section;
31- [(2)] (3) "Respondent", the person or persons
32-unlawfully occupying property containing a residential
33-dwelling, property containing a commercial vacant building,
34-or property exclusively consisting of vacant land, against
35-whom a verified petition has been filed;
36- 2
37- [(3)] (4) "Unlawful occupant" or "unlawful occupants",
38-any person or persons who detain, oc cupy, or trespass on
39-property containing a residential dwelling , property
40-containing a commercial vacant building, or property
41-exclusively consisting of vacant land, without the
42-permission of the property owner, who otherwise have no
43-legal right to occupy the property under state law, and who
44-are not afforded any protections provided to a tenant under
45-state law;
46- (5) "Vacant land", any parcel or combination of
47-parcels of real property not used for industrial,
48-commercial, or residential buildin gs. The term "vacant
49-land" shall not include agricultural and horticultural
50-property, as such term is defined in section 137.016 .
51- 2. Notwithstanding any provision of this chapter to
52-the contrary, a property owner or his or her authorized
53-agent may seek relief for the removal of a person or persons
54-unlawfully occupying property containing a residential
55-dwelling, property containing a commercial vacant building,
56-or property exclusively consisting of vacant land, under
57-this section by filing a v erified petition in the county or
58-city not within a county where the property is located.
59- 3. Except as provided in subsection 6 of this section,
60-clerks of the court under the supervision of a circuit clerk
61-shall explain to the property owner or hi s or her authorized
62-agent not represented by counsel the procedures for filing
63-all forms and pleadings necessary for the presentation of
64-his or her petition to the court. Notice of the fact that
65-clerks will provide such assistance shall be conspicuous ly
66-posted in the clerks' offices. The location of the office
67-where a petition can be filed shall be conspicuously posted
68-in the court building. The performance of duties prescribed
69-in this section shall not constitute the practice of law as
70- 3
71-defined in section 484.010. All duties of the clerk
72-prescribed in this section shall be performed without cost
73-to the litigants. The supreme court may promulgate rules as
74-necessary to govern conduct of court clerks under this
75-section and shall provide forms for petitions and written
76-instructions on filling out all forms and pleadings
77-necessary for the presentation of the petition to the court.
78- 4. Filing fees and court costs under this section
79-shall be the same as filing fees and court costs required
80-when filing a claim in associate circuit court.
81- 5. (1) Upon the filing of a verified petition under
82-this section, and for good cause shown in the verified
83-petition, the court shall immediately issue an ex parte
84-order to remove the respondent. The assertion of sufficient
85-evidence that the person or persons are unlawfully occupying
86-property containing a residential dwelling , property
87-containing a commercial vacant building, or property
88-exclusively consisting of vacant land, shall constitute good
89-cause for purposes of this section. The verified petition
90-shall set forth the following:
91- (a) The petitioner is the property owner or authorized
92-agent of the property owner;
93- (b) The property that is being occupied includes a
94-residential dwelling or a commercial vacant building, or
95-exclusively consists of vacant land ;
96- (c) An unlawful occupant or unlawful occupants have
97-entered and remain or continue to reside on the property
98-owner's property;
99- (d) The real property was not op en to members of the
100-public at the time the unlawful occupant or unlawful
101-occupants entered;
102- (e) The unlawful occupant or unlawful occupants are
103-occupying the property without the permission of the
104- 4
105-property owner and are not guests of the propert y owner nor
106-otherwise authorized to make use of the property;
107- (f) The property owner has directed the unlawful
108-occupant or unlawful occupants to leave the property and the
109-unlawful occupant or unlawful occupants have failed or
110-refused to vacate the premises;
111- (g) The property has not been leased to any person for
112-three consecutive months, and the unlawful occupant or
113-unlawful occupants are not current or former tenants of the
114-property pursuant to any agreement with the property owner;
115- (h) The unlawful occupant or unlawful occupants are
116-not immediate family members of the property owner; and
117- (i) There is no pending litigation related to the real
118-property between the property owner and any known unlawful
119-occupant or unlawful oc cupants.
120- (2) An ex parte order to have the unlawful occupant or
121-unlawful occupants removed from property containing a
122-residential dwelling , property containing a commercial
123-vacant building, or property exclusively consisting of
124-vacant land, entered by the court shall take effect when
125-entered and shall remain in effect until there is valid
126-service of process and a hearing is held on the motion.
127-Such hearing shall be held within [forty-eight] twenty-four
128-hours of filing the verified petition un less good cause is
129-shown for a delay. The court shall deny the ex parte order
130-and dismiss the petition if the petitioner is not authorized
131-to seek relief or does not show good cause.
132- (3) Failure to serve an ex parte order on the
133-respondent shall not affect the validity or enforceability
134-of such order.
135- 6. (1) If the court is unavailable after business
136-hours or on holidays or weekends, a verified petition for
137-removal of the unlawful occupant or unlawful occupants from
138- 5
139-property under this section may be filed before any
140-available court in the city or county having jurisdiction to
141-hear the verified petition under the guidelines developed
142-under subdivision (3) of this subsection.
143- (2) All papers in connection with the filing of a
144-verified petition or the granting of an ex parte order under
145-this subsection shall be certified by such court or the
146-clerk within the next regular business day to the circuit
147-court having jurisdiction to hear the verified petition.
148- (3) The supreme court shall develop guidelines that
149-ensure a verified petition under this section may be filed
150-on evenings, holidays, and weekends.
151- 7. Any ex parte order granted under this section shall
152-be to protect the petitioner from trespass by an unlawful
153-occupant or unlawful occupants and may include such terms as
154-the court reasonably deems necessary to ensure the
155-petitioner's safety including, but not limited to:
156- (1) Restraining the respondent from committing or
157-threatening to commit any act of vio lence, molestation,
158-stalking, assault, or disturbing the peace of the petitioner
159-or the petitioner's property, including violence against a
160-pet;
161- (2) Restraining the respondent from entering the
162-petitioner's premises or dwelling unit or coming wit hin a
163-certain proximity of the petitioner's premises or dwelling
164-unit; and
165- (3) Restraining the respondent from communicating with
166-the petitioner in any manner or through any medium.
167- [7.] 8. When the court has, after a hearing on the
168-verified petition, issued an order for relief to permanently
169-exclude [an unlawful occupant or unlawful occupants ] the
170-respondent from the petitioner's property, it may
171-additionally:
172- 6
173- (1) Permanently restrain the respondent from
174-committing or threatening to commit any act of violence,
175-molestation, stalking, assault, or disturbing the peace of
176-the petitioner or the petitioner's property, including
177-violence against a pet;
178- (2) Permanently restrain the respondent from entering
179-the petitioner's premis es or dwelling unit or coming within
180-a certain proximity of the petitioner's premises or dwelling
181-unit;
182- (3) Permanently restrain the respondent from
183-communicating with the petitioner in any manner or through
184-any medium;
185- (4) Permanently expel the respondent from occupying
186-the petitioner's premises or dwelling unit;
187- (5) Permanently expel the respondent's personal
188-property from the petitioner's premises or dwelling unit;
189- (6) Order the respondent to pay all costs of repair to
190-the petitioner's premises or dwelling unit relating to
191-damages caused by the respondent;
192- (7) Order the respondent to pay all costs associated
193-with service of any ex parte order authorized against the
194-respondent; or
195- (8) Order the respondent to pa y court costs.
196- [8.] 9. A verified petition seeking an ex parte order
197-under this section shall contain allegations relating to
198-those orders and shall pray for the orders desired.
199- [9.] 10. Once the court grants an order under this
200-section, the sheriff of the county or city not within a
201-county in which the property is located shall enforce such
202-order by removing the respondent from the property.
203- [10.] 11. If appropriate, the sheriff may arrest any
204-person found in the dwelling for trespa ss, outstanding
205-warrants, or any other legal cause.
206- 7
207- [11.] 12. The sheriff is entitled to the same fee for
208-the service of the ex parte order granted under this section
209-as if the sheriff were serving a writ of possession under
210-section 57.280. After the sheriff serves the order, the
211-property owner or authorized agent may request that the
212-sheriff stand by to keep the peace while the property owner
213-or agent of the property owner changes the locks and removes
214-the personal property of the unlawful o ccupants from the
215-premises to or near the property line. When such a request
216-is made, the sheriff may charge a reasonable hourly rate,
217-and the person requesting the sheriff to stand by and keep
218-the peace is responsible for paying the reasonable hourly
219-rate set by the sheriff. The sheriff shall not be liable to
220-the unlawful occupant or occupants or to any other party for
221-the loss, destruction, or damage of property. The property
222-owner or his or her authorized agent shall not be liable to
223-an unlawful occupant or any other party for the loss,
224-destruction, or damage to the personal property unless the
225-removal was wrongful.
226- [12.] 13. A person may bring a civil cause of action
227-if the person was removed from the property under this
228-section without just cause. Such person may seek restored
229-possession to the real property, actual damages to personal
230-property when personal property was removed, statutory
231-damages in the amount of one thousand dollars, and
232-reimbursement of court costs. Any damages authorized under
233-this subsection shall be offset by any damages to the real
234-property inflicted by the person who was removed from the
235-real property without just cause. Such damages to real
236-property shall be proven by the property owner. Awards of
237-actual damages shall not exceed the value of the damaged
238-personal property.
239- 8
240- [13.] 14. The provisions of this section do not limit
241-the rights of a property owner or limit the authority of a
242-law enforcement officer to arrest an unlawful occupant for
243-trespassing, vandalism, theft, or other crimes.
244- [14.] 15. All proceedings under this section are in
245-addition to any other available civil or criminal remedies,
246-unless otherwise specifically provided in this section.
247- [15.] 16. (1) The court shall retain jurisdiction
248-over the ex parte order or full order of protection issued
249-under this section for its entire duration. The court may
250-schedule compliance review hearings to monitor the
251-respondent's compliance with the order.
252- (2) The terms of the ex parte order or full order of
253-protection issued under this section are enforceable by all
254-remedies available at law for the enforcement of a judgment,
255-and the court may punish a respondent who willfully violates
256-the ex parte order to th e same extent as provided by law for
257-contempt of the court in any other suit or proceeding
258-cognizable by the court.
259- 534.604. 1. When a law enforcement officer has
260-probable cause to believe that a party, against whom an ex
261-parte order under section 534.602 has been entered and who
262-has notice of such order entered, has committed an act in
263-violation of such order, the law enforcement officer shall
264-arrest the offending party -respondent regardless of whether
265-the violation occurred in th e presence of the arresting law
266-enforcement officer.
267- 2. In an arrest in which a law enforcement officer
268-acted in good faith reliance on this section, the arresting
269-and assisting law enforcement officers and their employing
270-entities and superiors shall be immune from liability in any
271-civil action alleging false arrest, false imprisonment, or
272-malicious prosecution.
273- 9
274- 3. A violation of the terms and conditions of an ex
275-parte order under section 534.602 shall be a class [A
276-misdemeanor] E felony. For the purposes of this subsection,
277-in addition to the notice provided by actual service of the
278-order, a party is deemed to have notice of an ex parte order
279-under section 534.602 if:
280- (1) The law enforcement officer responding to a call
281-of a violation of an ex parte order under section 534.602
282-presented a copy of the ex parte order to the respondent; or
283- (2) Notice is given by actual communication to the
284-respondent in a manner reasonably likely to advise the
285-respondent.
286- 4. Nothing in this section shall be interpreted as
287-creating a civil cause of action for damages to enforce the
288-provisions set forth in this section.
289- 569.200. 1. A person commits the offense of criminal
290-mischief if he or she unlawfully detains, occupies, or
291-trespasses upon a residential dwelling , commercial vacant
292-building, or property exclusively consisting of vacant land .
293- 2. The offense of criminal mischief is a class [A
294-misdemeanor] E felony.
295- 3. The terms "commercial vacant buil ding" and "vacant
296-land" shall have the same meanings as such terms in section
297-534.602.
14+ Section A. Sections 534.602, 534.604, and 569.200, RSMo, 1
15+are repealed and three new sections enacted in lieu t hereof, to 2
16+be known as sections 534.602, 534.604, and 569.200, to read as 3
17+follows:4
18+ 534.602. 1. For purposes of this section, the 1
19+following terms mean: 2
20+ (1) "Petitioner", the property owner, or an authorized 3
21+agent of a property owner, of prop erty containing a 4
22+residential dwelling who has filed a verified petition under 5
23+the provisions of this section; 6
24+ (2) "Respondent", the person or persons unlawfully 7
25+occupying property containing a residential dwelling, 8
26+against whom a verified petiti on has been filed; 9
27+ (3) "Unlawful occupant" or "unlawful occupants", any 10
28+person or persons who detain, occupy, or trespass on 11
29+property containing a residential dwelling without the 12
30+permission of the property owner, who otherwise have no 13
31+legal right to occupy the property under state law, and who 14
32+are not afforded any protections provided to a tenant under 15
33+state law. 16 SB 168 2
34+ 2. Notwithstanding any provision of this chapter to 17
35+the contrary, a property owner or his or her authorized 18
36+agent may seek relief for the removal of a person or persons 19
37+unlawfully occupying property containing a residential 20
38+dwelling under this section by filing a verified petition in 21
39+the county or city not within a county where the property is 22
40+located. 23
41+ 3. Except as provided in subsection 6 of this section, 24
42+clerks of the court under the supervision of a circuit clerk 25
43+shall explain to the property owner or his or her authorized 26
44+agent not represented by counsel the procedures for filing 27
45+all forms and pleadings necessar y for the presentation of 28
46+his or her petition to the court. Notice of the fact that 29
47+clerks will provide such assistance shall be conspicuously 30
48+posted in the clerks' offices. The location of the office 31
49+where a petition can be filed shall be conspicuou sly posted 32
50+in the court building. The performance of duties prescribed 33
51+in this section shall not constitute the practice of law as 34
52+defined in section 484.010. All duties of the clerk 35
53+prescribed in this section shall be performed without cost 36
54+to the litigants. The supreme court may promulgate rules as 37
55+necessary to govern conduct of court clerks under this 38
56+section and shall provide forms for petitions and written 39
57+instructions on filling out all forms and pleadings 40
58+necessary for the presentation of the petition to the court. 41
59+ 4. Filing fees and court costs under this section 42
60+shall be the same as filing fees and court costs required 43
61+when filing a claim in associate circuit court. 44
62+ 5. (1) Upon the filing of a verified petition under 45
63+this section, and for good cause shown in the verified 46
64+petition, the court shall immediately issue an ex parte 47
65+order to remove the respondent. The assertion of sufficient 48 SB 168 3
66+evidence that the person or persons are unlawfully occupying 49
67+property containing a r esidential dwelling shall constitute 50
68+good cause for purposes of this section. The verified 51
69+petition shall set forth the following: 52
70+ (a) The petitioner is the property owner or authorized 53
71+agent of the property owner; 54
72+ (b) The property that is being occupied includes a 55
73+residential dwelling; 56
74+ (c) An unlawful occupant or unlawful occupants have 57
75+entered and remain or continue to reside on the property 58
76+owner's property; 59
77+ (d) The real property was not open to members of the 60
78+public at the time the unlawful occupant or unlawful 61
79+occupants entered; 62
80+ (e) The unlawful occupant or unlawful occupants are 63
81+occupying the property without the permission of the 64
82+property owner and are not guests of the property owner nor 65
83+otherwise authorized to make use of the property; 66
84+ (f) The property owner has directed the unlawful 67
85+occupant or unlawful occupants to leave the property and the 68
86+unlawful occupant or unlawful occupants have failed or 69
87+refused to vacate the premises; 70
88+ (g) The property has not been leased to any person for 71
89+three consecutive months, and the unlawful occupant or 72
90+unlawful occupants are not current or former tenants of the 73
91+property pursuant to any agreement with the property owner; 74
92+ (h) The unlawful occupant or unl awful occupants are 75
93+not immediate family members of the property owner; and 76
94+ (i) There is no pending litigation related to the real 77
95+property between the property owner and any known unlawful 78
96+occupant or unlawful occupants. 79 SB 168 4
97+ (2) An ex parte order to have the unlawful occupant or 80
98+unlawful occupants removed from property containing a 81
99+residential dwelling entered by the court shall take effect 82
100+when entered and shall remain in effect until there is valid 83
101+service of process and a hearing is held on the motion. 84
102+Such hearing shall be held within [forty-eight] twenty-four 85
103+hours of filing the verified petition unless good cause is 86
104+shown for a delay. The court shall deny the ex parte order 87
105+and dismiss the petition if the petitioner is not authori zed 88
106+to seek relief or does not show good cause. 89
107+ (3) Failure to serve an ex parte order on the 90
108+respondent shall not affect the validity or enforceability 91
109+of such order. 92
110+ 6. (1) If the court is unavailable after business 93
111+hours or on holidays or weekends, a verified petition for 94
112+removal of the unlawful occupant or unlawful occupants from 95
113+property under this section may be filed before any 96
114+available court in the city or county having jurisdiction to 97
115+hear the verified petition under the guide lines developed 98
116+under subdivision (3) of this subsection. 99
117+ (2) All papers in connection with the filing of a 100
118+verified petition or the granting of an ex parte order under 101
119+this subsection shall be certified by such court or the 102
120+clerk within the next regular business day to the circuit 103
121+court having jurisdiction to hear the verified petition. 104
122+ (3) The supreme court shall develop guidelines that 105
123+ensure a verified petition under this section may be filed 106
124+on evenings, holidays, and weekends. 107
125+ 7. Any ex parte order granted under this section shall 108
126+be to protect the petitioner from trespass by an unlawful 109
127+occupant or unlawful occupants and may include such terms as 110 SB 168 5
128+the court reasonably deems necessary to ensure the 111
129+petitioner's safety includ ing, but not limited to: 112
130+ (1) Restraining the respondent from committing or 113
131+threatening to commit any act of violence, molestation, 114
132+stalking, assault, or disturbing the peace of the petitioner 115
133+or the petitioner's property, including violence agains t a 116
134+pet; 117
135+ (2) Restraining the respondent from entering the 118
136+petitioner's premises or dwelling unit or coming within a 119
137+certain proximity of the petitioner's premises or dwelling 120
138+unit; and 121
139+ (3) Restraining the respondent from communicating with 122
140+the petitioner in any manner or through any medium. 123
141+ [7.] 8. When the court has, after a hearing on the 124
142+verified petition, issued an order for relief to permanently 125
143+exclude [an unlawful occupant or unlawful occupants ] the 126
144+respondent from the petitioner's property, it may 127
145+additionally: 128
146+ (1) Permanently restrain the respondent from 129
147+committing or threatening to commit any act of violence, 130
148+molestation, stalking, assault, or disturbing the peace of 131
149+the petitioner or the petitioner's property, i ncluding 132
150+violence against a pet; 133
151+ (2) Permanently restrain the respondent from entering 134
152+the petitioner's premises or dwelling unit or coming within 135
153+a certain proximity of the petitioner's premises or dwelling 136
154+unit; 137
155+ (3) Permanently restrain t he respondent from 138
156+communicating with the petitioner in any manner or through 139
157+any medium; 140
158+ (4) Permanently expel the respondent from occupying 141
159+the petitioner's premises or dwelling unit; 142 SB 168 6
160+ (5) Permanently expel the respondent's personal 143
161+property from the petitioner's premises or dwelling unit; 144
162+ (6) Order the respondent to pay all costs of repair to 145
163+the petitioner's premises or dwelling unit relating to 146
164+damages caused by the respondent; 147
165+ (7) Order the respondent to pay all costs asso ciated 148
166+with service of any ex parte order authorized against the 149
167+respondent; or 150
168+ (8) Order the respondent to pay court costs. 151
169+ [8.] 9. A verified petition seeking an ex parte order 152
170+under this section shall contain allegations relating to 153
171+those orders and shall pray for the orders desired. 154
172+ [9.] 10. Once the court grants an order under this 155
173+section, the sheriff of the county or city not within a 156
174+county in which the property is located shall enforce such 157
175+order by removing the respondent from the property. 158
176+ [10.] 11. If appropriate, the sheriff may arrest any 159
177+person found in the dwelling for trespass, outstanding 160
178+warrants, or any other legal cause. 161
179+ [11.] 12. The sheriff is entitled to the same fee for 162
180+the service of the ex pa rte order granted under this section 163
181+as if the sheriff were serving a writ of possession under 164
182+section 57.280. After the sheriff serves the order, the 165
183+property owner or authorized agent may request that the 166
184+sheriff stand by to keep the peace while the property owner 167
185+or agent of the property owner changes the locks and removes 168
186+the personal property of the unlawful occupants from the 169
187+premises to or near the property line. When such a request 170
188+is made, the sheriff may charge a reasonable hourly rate, 171
189+and the person requesting the sheriff to stand by and keep 172
190+the peace is responsible for paying the reasonable hourly 173
191+rate set by the sheriff. The sheriff shall not be liable to 174 SB 168 7
192+the unlawful occupant or occupants or to any other party for 175
193+the loss, destruction, or damage of property. The property 176
194+owner or his or her authorized agent shall not be liable to 177
195+an unlawful occupant or any other party for the loss, 178
196+destruction, or damage to the personal property unless the 179
197+removal was wrongful. 180
198+ [12.] 13. A person may bring a civil cause of action 181
199+if the person was removed from the property under this 182
200+section without just cause. Such person may seek restored 183
201+possession to the real property, actual damages to personal 184
202+property when personal prope rty was removed, statutory 185
203+damages in the amount of one thousand dollars, and 186
204+reimbursement of court costs. Any damages authorized under 187
205+this subsection shall be offset by any damages to the real 188
206+property inflicted by the person who was removed from t he 189
207+real property without just cause. Such damages to real 190
208+property shall be proven by the property owner. Awards of 191
209+actual damages shall not exceed the value of the damaged 192
210+personal property. 193
211+ [13.] 14. The provisions of this section do not limi t 194
212+the rights of a property owner or limit the authority of a 195
213+law enforcement officer to arrest an unlawful occupant for 196
214+trespassing, vandalism, theft, or other crimes. 197
215+ [14.] 15. All proceedings under this section are in 198
216+addition to any other avai lable civil or criminal remedies, 199
217+unless otherwise specifically provided in this section. 200
218+ [15.] 16. (1) The court shall retain jurisdiction 201
219+over the ex parte order or full order of protection issued 202
220+under this section for its entire duration. The court may 203
221+schedule compliance review hearings to monitor the 204
222+respondent's compliance with the order. 205 SB 168 8
223+ (2) The terms of the ex parte order or full order of 206
224+protection issued under this section are enforceable by all 207
225+remedies available at law for the enforcement of a judgment, 208
226+and the court may punish a respondent who willfully violates 209
227+the ex parte order to the same extent as provided by law for 210
228+contempt of the court in any other suit or proceeding 211
229+cognizable by the court. 212
230+ 534.604. 1. When a law enforcement officer has 1
231+probable cause to believe that a party, against whom an ex 2
232+parte order under section 534.602 has been entered and who 3
233+has notice of such order entered, has committed an act in 4
234+violation of such order, the law enforcement officer shall 5
235+arrest the offending party -respondent regardless of whether 6
236+the violation occurred in the presence of the arresting law 7
237+enforcement officer. 8
238+ 2. In an arrest in which a law enforcement officer 9
239+acted in good faith rel iance on this section, the arresting 10
240+and assisting law enforcement officers and their employing 11
241+entities and superiors shall be immune from liability in any 12
242+civil action alleging false arrest, false imprisonment, or 13
243+malicious prosecution. 14
244+ 3. A violation of the terms and conditions of an ex 15
245+parte order under section 534.602 shall be a class [A 16
246+misdemeanor] E felony. For the purposes of this subsection, 17
247+in addition to the notice provided by actual service of the 18
248+order, a party is deemed to have notice of an ex parte order 19
249+under section 534.602 if: 20
250+ (1) The law enforcement officer responding to a call 21
251+of a violation of an ex parte order under section 534.602 22
252+presented a copy of the ex parte order to the respondent; or 23 SB 168 9
253+ (2) Notice is given by actual communication to the 24
254+respondent in a manner reasonably likely to advise the 25
255+respondent. 26
256+ 4. Nothing in this section shall be interpreted as 27
257+creating a civil cause of action for damages to enforce the 28
258+provisions set forth in this se ction. 29
259+ 569.200. 1. A person commits the offense of criminal 1
260+mischief if he or she unlawfully detains, occupies, or 2
261+trespasses upon a residential dwelling. 3
262+ 2. The offense of criminal mischief is a class [A 4
263+misdemeanor] E felony. 5
264+