Modifies provisions relating to the offense of resisting or interfering with arrest
If enacted, the bill will classify the offense of resisting or interfering with an arrest as a class E felony in cases involving felony arrests or warrants for failure to appear in a felony case. Additionally, if a person commits this offense while fleeing and creates a substantial risk of serious physical injury or death, the offense could also be charged as a class E felony. Conversely, the offense may be categorized as a class A misdemeanor under certain circumstances, such as when there is no significant risk of serious harm.
Senate Bill 561 aims to modify the legal provisions related to the offense of resisting or interfering with arrest in the state of Missouri. The bill seeks to repeal the existing section 575.150 and replace it with new provisions that define the actions constituting resisting or interfering with law enforcement's ability to conduct arrests, stops, or detentions. Under this bill, individuals can be charged with a criminal offense if they know or should know that a law enforcement officer is attempting to arrest them or others and they respond by using or threatening violence, fleeing, or physically interfering with the officer's actions.
One notable point of contention surrounding SB561 is the lack of a defense for individuals being prosecuted under this statute, even if the law enforcement officer acted unlawfully during the arrest. This aspect has raised concerns among civil rights advocates who assert that such provisions could lead to potential abuses and unjust prosecutions. However, the bill does allow for civil suits regarding unlawful arrests, which may provide a channel for addressing grievances but does not mitigate the criminal penalties outlined within the bill itself.