Missouri Senate

Introduced

LOCAL LAW ENFORCEMENT BUDGETS (Section 67.030)

Under current law, the governing body of each political subdivision may revise, alter, increase, or decrease items in a proposed budget. This act provides that the governing body of a political subdivision shall be ineligible to receive funds from the state if the body decreases the budget for its law enforcement agency by more than 12% in relation to other budget items in the proposed budget.

EMPLOYMENT BENEFITS (Section 285.800)

This act provides that an employee of a political subdivision or the state of Missouri shall be ineligible for employment benefits if he or she has been convicted of participating in an unlawful assembly.

LIABILITY FOR MOTOR VEHICLE DRIVERS DURING A PROTEST (Section 537.570)

This act provides that a person operating a motor vehicle shall not be liable for injuries to another person who blocks traffic if such person was exercising due care and was not grossly negligent.

SOVEREIGN IMMUNITY (Section 537.600)

Under current law, immunity of public entities from tort liability is waived under certain circumstances. This act provides that immunity from liability is waived by a public entity if the public entity is grossly negligent in protecting persons or property from an unlawful assembly.

CRIMES AGAINST EMERGENCY SERVICE PROVIDERS (Section 544.671, 565.050, 565.052, & 565.054)

This act provides that anyone convicted of second or third degree assault, unlawful traffic interference, rioting, conspiring with others to cause a riot, or institutional vandalism, where the victim was a law enforcement officer, firefighter, or emergency medical provider who was assaulted during the performance of his or her official duties or as a direct result of such official duties, shall be ineligible for bail or continuation of bail.

Additionally, anyone found guilty of first, second, or third degree assault is ineligible for probation or parole if the victim was a law enforcement officer, firefighter, or emergency medical provider who was assaulted during the performance of his or her official duties or as a direct result of such official duties.

These provisions are similar to SB 537 (2020), SB 19 (2019), SS/SB 579 (2018), and SCS/SB 46 (2017).

USE OF FORCE DURING PROTESTS (Section 563.031)

This act provides that a person may use deadly force against another person if such force is used against a person who is participating in an unlawful assembly and unlawfully enters or attempts to enter private property that is owned or leased by an individual.

HARASSMENT (Section 565.091)

This act provides that a person commits the offense of harassment in the second degree if he or she engages in any act with the purpose to cause emotional distress to another person, including if such person causes emotional distress to another person while participating in an unlawful assembly.

UNLAWFUL TRAFFIC INTERFERENCE (Section 574.045)

This act creates the offense of unlawful traffic interference if, with the intention to impede vehicular traffic, the person walks, stands, sits, kneels, lays, or places an object in a manner that blocks passage by a vehicle on any public street, highway, or interstate highway. This offense is a Class E felony.

Additionally, this offense is a Class D felony if a person blocks a public street, highway, or interstate highway as part of an unlawful assembly.

These provisions are similar to HB 288 (2019).

RIOTING (Section 574.050)

Under current law, a person commits the offense of rioting if he or she knowingly assembles with six or more people to violate any state or federal laws. Such offense is a Class A misdemeanor.

This act provides that a person convicted of rioting who also damages property in excess of $750 while participating in such unlawful assembly shall be guilty of a Class C felony.

CONSPIRING TO RIOT (Section 574.055)

This act creates the offense of conspiring with others to cause or produce a riot or unlawful assembly. A person commits such offense if he or she knowingly provides payment or other financial incentive to six or more persons to violate the Missouri laws against rioting or unlawful assembly. This offense shall be a Class E felony.

VANDALISM (Section 574.085)

Under current law, a person commits the offense of institutional vandalism if he or she knowingly vandalizes certain structures. This act provides that a person shall be guilty of a Class B felony if he or she knowing vandalizes any public monument or structure on public property.

MARY GRACE BRUNTRAGER