SJR 42 Delineates procedures a court must follow when assessing a claim that the government has enforced a law that limits a person's constitutional rights
Sponsor: Emery
LR Number: 6666S.01I Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 3/3/2016 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S509
Title: Calendar Position:
Effective Date: Upon voter approval

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Current Bill Summary


SJR 42 - This constitutional amendment, if approved by the voters, delineates procedures a court must follow when assessing a claim against a government entity that such government entity has enforced a law or policy that might limit a person's exercise of a right or freedom enumerated by the Missouri Constitution or penalize a person for exercising such right or freedom.

If the facts of the case show that the challenged law or policy limits or penalizes a person's exercise of a right or freedom, then there is a presumption that the law or policy is unconstitutional and the court shall give no deference to government assertions about the meaning, purpose, or importance of the law or policy. Such presumption shall only be overcome if the government entity proves beyond a reasonable doubt that the law or policy is necessary for the prevention of a threat to public health and safety and is the least restrictive means of preserving the public health and safety against such threat.

When the court upholds the challenged law or policy the court shall identify in the holding any government interest served by the restriction or penalty and the evidence the court relied upon in its determination.

Failure to uphold this resolution by any judge shall be grounds for impeachment.

This constitutional amendment is identical to HJR 108 (2016).

JESSI BAKER