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SS#2/SCS/SBs 199, 417, & 42 - This act creates a cause of action for persons who have been deprived of their state constitutional rights and modifies the statute specifying when law enforcement officers are justified in using force. CAUSE OF ACTION FOR DEPRIVATION OF RIGHTS - 537.570 This act states that any person acting under the color of law who deprives a person of any right or privilege granted by the Missouri Constitution or laws of this state, or interferes by threats, intimidation or coercion with a person's enjoyment of their rights under Article I of the Missouri Constitution shall be liable to the party injured. Under the act, an injured party may bring a private civil action to enforce their rights and the Attorney General is authorized to bring a civil action on behalf of the injured party. This provision is similar to SB 567 (2015). 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 reasonably believes 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 may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay. This provision contains an emergency clause. MEGHAN LUECKE
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