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 Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 575.150, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 575.150, 2 to read as follows:3 575.150. 1.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