1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 561 |
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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 | | 2050S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 575.150, RSMo, and to enact in lieu thereof one new section relating to the |
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9 | 9 | | offense of resisting or interfering with arrest, with penalty provisions. |
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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12 | 12 | | Section A. Section 575.150, RSMo, is repealed and one new 1 |
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13 | 13 | | section enacted in lieu thereof, to be known as section 575.150, 2 |
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14 | 14 | | to read as follows:3 |
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15 | 15 | | 575.150. 1. A person commits the offense of resisting 1 |
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16 | 16 | | or interfering with arrest, d etention, or stop if he or she 2 |
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17 | 17 | | knows or reasonably should know that a law enforcement 3 |
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18 | 18 | | officer is making an arrest or attempting to lawfully detain 4 |
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19 | 19 | | or stop an individual or vehicle, and for the purpose of 5 |
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20 | 20 | | preventing the officer from effecting the arrest , stop or 6 |
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21 | 21 | | detention, he or she: 7 |
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22 | 22 | | (1) Resists the arrest, stop or detention of such 8 |
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23 | 23 | | person by using or threatening the use of violence or 9 |
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24 | 24 | | physical force or by fleeing from such officer; or 10 |
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25 | 25 | | (2) Interferes with the arrest, stop or detention of 11 |
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26 | 26 | | another person by using or threatening the use of violence, 12 |
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27 | 27 | | physical force or physical interference. 13 |
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28 | 28 | | 2. This section applies to: 14 |
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29 | 29 | | (1) Arrests, stops, or detentions, with or without 15 |
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30 | 30 | | warrants; 16 |
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31 | 31 | | (2) Arrests, stops, or detentions, for any off ense, 17 |
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32 | 32 | | infraction, or ordinance violation; and 18 SB 561 2 |
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33 | 33 | | (3) Arrests for warrants issued by a court or a 19 |
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34 | 34 | | probation and parole officer. 20 |
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35 | 35 | | 3. A person is presumed to be fleeing a vehicle stop 21 |
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36 | 36 | | if he or she continues to operate a motor vehicle after he 22 |
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37 | 37 | | or she has seen or should have seen clearly visible 23 |
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38 | 38 | | emergency lights or has heard or should have heard an 24 |
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39 | 39 | | audible signal emanating from the law enforcement vehicle 25 |
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40 | 40 | | pursuing him or her. 26 |
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41 | 41 | | 4. It is no defense to a prosecution pursuant to 27 |
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42 | 42 | | subsection 1 of this section that the law enforcement 28 |
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43 | 43 | | officer was acting unlawfully in making the arrest. 29 |
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44 | 44 | | However, nothing in this section shall be construed to bar 30 |
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45 | 45 | | civil suits for unlawful arrest. 31 |
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46 | 46 | | 5. The offense of resisting or interfering with an 32 |
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47 | 47 | | arrest is a class E felony for an arrest for a: 33 |
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48 | 48 | | (1) Felony; 34 |
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49 | 49 | | (2) Warrant issued for failure to appear on a felony 35 |
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50 | 50 | | case; or 36 |
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51 | 51 | | (3) Warrant issued for a probation violation on a 37 |
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52 | 52 | | felony case. 38 |
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53 | 53 | | The offense of resisting an arrest, detention or stop in 39 |
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54 | 54 | | violation of subdivision (1) or (2) of subsection 1 of this 40 |
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55 | 55 | | section is a class A misdemeanor, unless the person fleeing 41 |
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56 | 56 | | creates a substantial risk of serious physical injury or 42 |
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57 | 57 | | death to any person, in which case it is a class E felony. 43 |
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58 | 58 | | 6. In the case of an offense under this section that 44 |
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59 | 59 | | is subject to punishment as a class E felony, any vehicle 45 |
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60 | 60 | | used in violation of this section shall be impounded and 46 |
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61 | 61 | | forfeited pursuant to section 82.1000 and sections 513.600 47 |
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62 | 62 | | to 513.645. 48 |
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63 | 63 | | |
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