HOUSE BILL NO. 2344 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PROUDIE.
5710H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 67, RSMo, by adding thereto one new section relating to public nuisance, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be 2 known as section 67.449, to read as follows: 67.449. 1. As used in this section, the following terms mean: 2 (1) "Abuse", as defined in section 455.010; 3 (2) "Emergency", a sudden or unforeseen situation in which property or human 4 life is in jeopardy that requires immediate action and the prompt summoning of aid; 5 (3) "Penalize", includes, but is not limited to, the actual or threatened 6 revocation, suspension, or nonrenewal of a rental license; the actual or threatened 7 assessment of fines; or the actual or threatened eviction or causing the actual or 8 threatened eviction of a tenant from leased premises; 9 (4) "Premises", any parcel of property, whether residential or commercial; a 10 building or structure, if any, situated on the property; and any portion of the public way 11 that abuts the property if the public way is used in conjunction with the abutting 12 property for the commission of illegal activity; 13 (5) "Public nuisance", a continuing act or physical condition that is made, 14 permitted, allowed, or continued by any person or legal entity, a person's or legal 15 entity's agent or servant, or any person or legal entity who aids therein, and that is 16 detrimental to the safety, welfare, or convenience of the inhabitants of a political 17 subdivision, or any act or condition so designated by statute or ordinance;
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 2344 2
18 (6) "Victim of a crime", a person who suffers personal physical injury or death 19 as a direct result of a crime. 20 2. Requests to law enforcement or emergency services for assistance shall not be 21 considered a public nuisance. 22 3. (1) No political subdivision shall penalize a resident, tenant, or landlord for a 23 request to law enforcement or emergency services by or on behalf of a victim of abuse, a 24 victim of a crime, or an individual in an emergency if the contact was made with the 25 reasonable belief that intervention or emergency assistance was necessary to prevent the 26 perpetration or escalation of, or to respond to, such abuse, crime, or emergency or if the 27 intervention or emergency assistance was actually needed in response to such abuse, 28 crime, or emergency. 29 (2) If a political subdivision enforces or attempts to enforce an ordinance against 30 a resident, tenant, or landlord in violation of subdivision (1) of this subsection, the 31 resident, tenant, or landlord may bring a civil action for a violation of this section and 32 seek an order from a court of competent jurisdiction for any of the following remedies: 33 (a) An order requiring the political subdivision to cease and desist the unlawful 34 practice; 35 (b) Payment of compensatory damages, provided that a resident, tenant, or 36 landlord shall make a reasonable effort to mitigate any damages; 37 (c) Payment of reasonable attorney's fees; 38 (d) Payment of court costs; and 39 (e) Other equitable relief including, but not limited to, reinstating a rental license 40 or rental permit, as the court may deem appropriate. ✔
Statutes affected: