SB 221 - Committee Summary
- Committee -

SCS/SBs 221, 235, 213, 130, 49 & 32 - This act specifically exempts certain individuals from any criminal penalty for carrying a concealed firearm, creates the crimes of leaving the scene of a shooting and attacking a police animal, and expands arrest powers of certain law enforcement officials.

PERSONS ALLOWED TO CARRY A CONCEALED FIREARM: The following individuals are authorized to carry a concealed firearm: 1) an off-duty peace officer (SB221); 2) a peace officer outside his jurisdiction (SB221); 3) a retired peace officer (SB130); 4) a retired judge (SB130); or 5) a new or retired prosecutor (SB49).

If a retired judge, or active or retired prosecutor, does not have a valid permit to carry a firearm, such judge or prosecutor shall take eight hours of firearms training in order to carry a concealed firearm. An individual not authorized to carry a concealed firearm commits a Class D felony.

LEAVING THE SCENE OF A SHOOTING: A person commits the crime of leaving the scene of an accidental shooting if he: 1) discharges a firearm or projectile weapon, as defined in Section 571.010, RSMo; 2) causes injury or death to another; and 3) leaves the place of the shooting without giving necessary information to a police officer. A person may leave the scene of a shooting to obtain medical assistance or contact a police officer so long as he returns to the scene.

Conservation agents are authorized to investigate hunting related shootings under this act.

Leaving the scene of a shooting is a Class A misdemeanor for a first offense and a class D felony for a second and subsequent offense. A Class A misdemeanor carries a sentence of up to one year while a Class D felony is punishable by a term not exceeding five years. This portion of the act (from SB 32) is almost identical to the SCS/SB 514 from 1996.

ASSAULT OF POLICE ANIMALS: It is a Class D felony to assault or kill a police animal while such animal is under the custody of a law enforcement or Department of Corrections officer, investigating a crime, or apprehending a suspect. This portion of the act (from SB 235) is similar to SB 527 from 1996.

ARREST POWERS OF LAW ENFORCEMENT OFFICERS: A certified peace officer may arrest a person without a warrant when such officer sees the person using physical force against another which creates a "substantial risk of death or injury." An officer may assert such arrest power anywhere in the state. This portion of the act (from SB 213) is identical to HB 69.

An agent of the Conservation Commission who is a certified peace officer pursuant to Chapter 590, RSMo, may arrest any person on any lands not owned, managed or leased by the Commission if the agent has statutory authority and probable cause to make such arrest.

An agent may also arrest any person who is committing an assault against another person. This provision is nearly identical to SB 213 and HB 69.

JAMES KLAHR