HOUSE BILL NO. 1374 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COOK.
2914H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 563.031, RSMo, and to enact in lieu thereof one new section relating to self- defense.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 563.031, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 563.031, to read as follows: 563.031. 1. A person may, subject to the provisions of subsection 2 of this section, 2 use physical force upon another person when and to the extent he or she reasonably believes 3 such force to be necessary to defend himself or herself or a third person from what he or she 4 reasonably believes to be the use or imminent use of unlawful force by such other person, 5 unless: 6 (1) The actor was the initial aggressor; except that in such case his or her use of force 7 is nevertheless justifiable provided: 8 (a) He or she has withdrawn from the encounter and effectively communicated such 9 withdrawal to such other person but the latter persists in continuing the incident by the use or 10 threatened use of unlawful force; or 11 (b) He or she is a law enforcement officer and as such is an aggressor pursuant to 12 section 563.046; or 13 (c) The aggressor is justified under some other provision of this chapter or other 14 provision of law; 15 (2) Under the circumstances as the actor reasonably believes them to be, the person 16 whom he or she seeks to protect would not be justified in using such protective force;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1374 2
17 (3) The actor was attempting to commit, committing, or escaping after the 18 commission of a forcible felony. 19 2. A person shall not use deadly force upon another person under the circumstances 20 specified in subsection 1 of this section unless: 21 (1) He or she reasonably believes that such deadly force is necessary to protect 22 himself, or herself or her unborn child, or another against death, serious physical injury, or 23 any forcible felony; 24 (2) Such force is used against a person who unlawfully enters, remains after 25 unlawfully entering, or attempts to unlawfully enter a dwelling, residence, place of 26 employment, or vehicle lawfully occupied by such person; or 27 (3) Such force is used against a person who unlawfully enters, remains after 28 unlawfully entering, or attempts to unlawfully enter private property that is owned or leased 29 by an individual, or is occupied by an individual who has been given specific authority by the 30 property owner to occupy the property, or is a retail establishment or other place of 31 business wherein an individual using such force has a right to be, claiming a justification 32 of using protective force under this section. 33 3. A person does not have a duty to retreat: 34 (1) From a dwelling, residence, place of employment, or vehicle where the person is 35 not unlawfully entering or unlawfully remaining; 36 (2) From private property that is owned or leased by such individual; or 37 (3) If the person is in any other location such person has the right to be. 38 4. The justification afforded by this section extends to the use of physical restraint as 39 protective force provided that the actor takes all reasonable measures to terminate the restraint 40 as soon as it is reasonable to do so. 41 5. The defendant shall have the burden of injecting the issue of justification under this 42 section. If a defendant asserts that his or her use of force is described under subdivision (2) of 43 subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable 44 doubt that the defendant did not reasonably believe that the use of such force was necessary to 45 defend against what he or she reasonably believed was the use or imminent use of unlawful 46 force. ✔
Statutes affected: