| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 480 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR GREGORY (15). |
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| 6 | 6 | | 1601S.04I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 544, RSMo, by adding thereto one new section relating to illegal aliens, with a |
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| 9 | 9 | | contingent effective date. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 544, RSMo, is ame nded by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 544.680, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 544.680. 1. During the initial appearance of a 1 |
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| 16 | 16 | | defendant charged with the offense of trespass by an illegal 2 |
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| 17 | 17 | | alien under section 577.678, the court shall m ake findings 3 |
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| 18 | 18 | | as to whether or not the defendant is seeking asylum under 4 |
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| 19 | 19 | | provisions of 8 U.S.C. Section 1158. If the court finds 5 |
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| 20 | 20 | | that the defendant is seeking asylum and does not pose a 6 |
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| 21 | 21 | | danger to the community, the defendant may be released under 7 |
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| 22 | 22 | | such conditions as the court may impose. If the court finds 8 |
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| 23 | 23 | | that the defendant is seeking asylum but poses a danger to 9 |
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| 24 | 24 | | the community, the defendant shall be denied bail entirely 10 |
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| 25 | 25 | | and such defendant shall not be released from custody of the 11 |
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| 26 | 26 | | jail of the county in which the case is to be tried until 12 |
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| 27 | 27 | | discharged by due course of law. In order to be charged 13 |
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| 28 | 28 | | with the offense of trespass by an illegal alien under 14 |
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| 29 | 29 | | section 577.678, the person shall be eighteen years of age 15 |
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| 30 | 30 | | or older. 16 |
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| 31 | 31 | | 2. Any person arrested for the offense of trespass by 17 |
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| 32 | 32 | | an illegal alien under section 577.678 who is driving a 18 SB 480 2 |
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| 33 | 33 | | motor vehicle at the time of arrest shall have such motor 19 |
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| 34 | 34 | | vehicle confiscated until such time as the person shall 20 |
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| 35 | 35 | | prove to the satisfaction of the court that such pe rson is 21 |
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| 36 | 36 | | legally present in this country. 22 |
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| 37 | 37 | | 3. It is an affirmative defense that the defendant 23 |
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| 38 | 38 | | engaged in the conduct constituting the offense of trespass 24 |
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| 39 | 39 | | by an illegal alien under section 577.678 because he or she 25 |
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| 40 | 40 | | was coerced to do so, by the use o f, or threatened imminent 26 |
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| 41 | 41 | | use of, unlawful physical force upon him or her or a third 27 |
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| 42 | 42 | | person, which force or threatened force a person of 28 |
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| 43 | 43 | | reasonable firmness in his or her situation would have been 29 |
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| 44 | 44 | | unable to resist. 30 |
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| 45 | 45 | | Section B. The provisions of section A of this act 1 |
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| 46 | 46 | | shall not become effective until Senate Bill 72, introduced 2 |
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| 47 | 47 | | in the 103rd General Assembly, First Regular Session, has 3 |
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| 48 | 48 | | become law. 4 |
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| 49 | 49 | | |
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