SB 199 Allows an armed offender docket in Jackson County and modifies the self-defense statute and the statute specifying when police officers are justified in using deadly force
Sponsor: Dixon Co-Sponsor(s)
LR Number: 0972H.09C Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/15/2015 - H Third Read and Passed - EC defeated Journal Page: H2897-2898 / S1730-1732
Title: HCS SS#2 SCS SB 199, 417 & 42 Calendar Position:
Effective Date: Emergency clause
House Handler: Austin

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Current Bill Summary


HCS/SS#2/SCS/SBs 199, 417, & 42 - This act allows the Jackson County Circuit Court to create an Armed Offender Docket Pilot Project, modifies the self-defense statute, and modifies the statute specifying when law enforcement officers are justified in using deadly force.

ARMED OFFENDER DOCKET PILOT PROJECT - 478.252

This act allows the Jackson County Circuit Court to establish the Armed Offender Docket Pilot Project. The docket must have dedicated judges and other personnel for all matters of hearing, setting of bail, trial, sentencing, and supervision in all actions in highest level of charge is for one of several enumerated weapons-related offenses.

This act also allows the circuit court to impose a $30 surcharge on each criminal case assigned to the armed offender docket.

The Jackson County Circuit Court must publish an annual public report n the operations of the docket.

The provisions of this section expire on December 31, 2021.

This provision is identical to a provision of HCS/SB 200 (2015) and HCS/HB 1044 (2015).

SELF DEFENSE - 563.031

Under current law, a person who owns or leases private property may use deadly force in self defense or defense of others against a person who unlawfully enters or attempts to unlawfully enter the property.

This act provides that deadly force may also be used by a person who occupies private property pursuant to specific authority of the property owner to occupy the property.

This provision is identical to HCS/HB 122 (2015), HB 2126 (2014) and is similar to a provision of SS/HCS/HB 1539 (2014) and HB 1591 (2014).

USE OF DEADLY FORCE BY LAW ENFORCEMENT - 563.046

Current law provides that the use of physical force when making an arrest is not justified unless the arrest is lawful or the officer reasonably believes the arrest is lawful. This act adds a provision stating that the use of force when making an arrest is also not justified unless the amount of force used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, regardless of the officer's intent or motivation.

Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and reasonably believes the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person.

This act allows a law enforcement officer to use deadly force when effecting an arrest or preventing an escape from custody if the officer reasonably believes the force is immediately necessary to make the arrest or prevent the escape and has probable cause to believe the person has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury, is attempting to escape by use of a deadly weapon or dangerous instrument, or may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay.

This provision is similar to HB 415 (2015), HB 602 (2015), and HB 668 (2015).

MEGHAN LUECKE

HA 1 - PROVIDES THAT A PERSON WHO WAS CONVICTED OF AN OFFENSE THAT INVOLVED THE DEATH OF ONE OR MORE PERSONS IS NOT ELIGIBLE FOR A SENTENCE REDUCTION UNDER A STATUTE SPECIFYING WHEN A COURT MAY, UPON PETITION, REDUCE A SENTENCE OR TERM OF PROBATION, PAROLE, OR CONDITIONAL RELEASE.