Modifies provisions relating to self-defense

SECOND REGULAR SESSION
HOUSE BILL NO. 1985
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COOK.
4005H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 563.031, RSMo, is repealed and one new section enacted in lieu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8 (a) He or she has withdrawn from the encounter and ef fectively communicated such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 of ficer 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;
EXPLANA TION — 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.
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 ret ail establishment or other place of
31 business wher ein an individual using such for ce 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 af forded 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.
✔
HB 1985 2