Missouri 2025 Regular Session

Missouri Senate Bill SB561 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 561
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR GREGORY (15).
66 2050S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To repeal section 575.150, RSMo, and to enact in lieu thereof one new section relating to the
99 offense of resisting or interfering with arrest, with penalty provisions.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Section 575.150, RSMo, is repealed and one new 1
1313 section enacted in lieu thereof, to be known as section 575.150, 2
1414 to read as follows:3
1515 575.150. 1. A person commits the offense of resisting 1
1616 or interfering with arrest, d etention, or stop if he or she 2
1717 knows or reasonably should know that a law enforcement 3
1818 officer is making an arrest or attempting to lawfully detain 4
1919 or stop an individual or vehicle, and for the purpose of 5
2020 preventing the officer from effecting the arrest , stop or 6
2121 detention, he or she: 7
2222 (1) Resists the arrest, stop or detention of such 8
2323 person by using or threatening the use of violence or 9
2424 physical force or by fleeing from such officer; or 10
2525 (2) Interferes with the arrest, stop or detention of 11
2626 another person by using or threatening the use of violence, 12
2727 physical force or physical interference. 13
2828 2. This section applies to: 14
2929 (1) Arrests, stops, or detentions, with or without 15
3030 warrants; 16
3131 (2) Arrests, stops, or detentions, for any off ense, 17
3232 infraction, or ordinance violation; and 18 SB 561 2
3333 (3) Arrests for warrants issued by a court or a 19
3434 probation and parole officer. 20
3535 3. A person is presumed to be fleeing a vehicle stop 21
3636 if he or she continues to operate a motor vehicle after he 22
3737 or she has seen or should have seen clearly visible 23
3838 emergency lights or has heard or should have heard an 24
3939 audible signal emanating from the law enforcement vehicle 25
4040 pursuing him or her. 26
4141 4. It is no defense to a prosecution pursuant to 27
4242 subsection 1 of this section that the law enforcement 28
4343 officer was acting unlawfully in making the arrest. 29
4444 However, nothing in this section shall be construed to bar 30
4545 civil suits for unlawful arrest. 31
4646 5. The offense of resisting or interfering with an 32
4747 arrest is a class E felony for an arrest for a: 33
4848 (1) Felony; 34
4949 (2) Warrant issued for failure to appear on a felony 35
5050 case; or 36
5151 (3) Warrant issued for a probation violation on a 37
5252 felony case. 38
5353 The offense of resisting an arrest, detention or stop in 39
5454 violation of subdivision (1) or (2) of subsection 1 of this 40
5555 section is a class A misdemeanor, unless the person fleeing 41
5656 creates a substantial risk of serious physical injury or 42
5757 death to any person, in which case it is a class E felony. 43
5858 6. In the case of an offense under this section that 44
5959 is subject to punishment as a class E felony, any vehicle 45
6060 used in violation of this section shall be impounded and 46
6161 forfeited pursuant to section 82.1000 and sections 513.600 47
6262 to 513.645. 48
6363