SPONSOR: Kelley (127)
Currently, evidence that a person was suffering from battered spouse syndrome shall be admissible upon the issue of whether the actor lawfully acted in self-defense or defense of another. The standard used to prove whether the person acted in self-defense or defense of another is the same standard used in Section 563.031, RSMo, on use of force. This bill reduces the standard for admitting evidence that a person was suffering from battered spouse syndrome. With the reduced standard, the defendant shall not be required to believe he or she was in imminent danger but that he or she was in foreseeable danger. All other requirements for the self-defense or defense of another justification shall be fulfilled for the reduced standard to apply.
Statutes affected: 563.33