http://www.neoshodailynews.com/articles/2007/05/29/news/02bill.txt
May 29, 2007
On Friday, the final draft of Missouri Senate Bill 62 was inked by that chamber's president pro-tem, Sen. Michael Gibbons, and sent off to the governor following its passage a week prior by a 29-3 vote.
Carried in the Senate by Sen. Jack Goodman, a good chunk of SB 62 is actually the meat of a House bill introduced in December by state Rep. Marilyn Ruestman, who represents roughly half of Newton and McDonald counties.
Widely known as the “Castle Doctrine,” that portion of the bill
relevant to self-defense law basically does three things:
(1) SB 62 gives license to use deadly force if a person attempts to
unlawfully enter a permanent or temporary dwelling or conveyance after
being told to stop, provided there is a reasonable belief such force is
necessary to protect against any number of types of assault, including
sexual. This provision adds to current statute by expanding the definition
of what constitutes a dwelling, defining it as essentially any place, be
it permanent or mobile, a person might sleep in overnight, including a
vehicle or a tent. This extends to guests as well. The bill also broadens
the conditions of what could constitute a physical threat.
(2) SB 62 clearly states that, if assaulted or under the threat of
assault, a person “does not have a duty to retreat from a dwelling,
residence or vehicle where the person is not unlawfully entering or
unlawfully remaining.” The clause is currently been absent in Missouri
law, resulting in confusion, advocates have stated, as to if a person has
to try and run away if attacked or could be attacked.
(3) SB 62 gives an “absolute defense” in the civil court system to
persons who justify their use of deadly force as provided for by law.
Moreover, if someone is sued for killing or wounding in self-defense under
the legal provisions outlined, all court costs, expenses and attorney fees
will be paid for by the plaintiff should the defendant prove his
justification.
Ruestman said Goodman agreed to carry the basic concepts of her original
House bill, HB 60, in the Senate after her first bill died last year in
Senate committee. In fact, the self-defense portions of the two pieces of
legislation are nearly identically worded, save Ruestman's bill provided
more circumstances when deadly force could be used and offered legal
immunity, rather than an “absolute defense”, to persons found legally
justified in bringing deadly force to bear. While her bill this session
was ultimately combined and more or less replaced in the House with
another but similar bill, that legislation also perished in Senate
committee. At any rate, Goodman's passed bill more closely resembles
Ruestman's anyway, or at least that section of it dealing with
self-defense.
On Monday, Ruestman said the governor has stated he will sign the bill
into law and might conduct a signing ceremony in the Joplin/Neosho area.
Meanwhile, Ruestman celebrated the legislative victory.
“This is we the people saying to the criminals that we've had enough,”
she said. “We're tired of these home invasions and these intrusions that
are kind of picking up lately, and we're not going to stand for it. If
they unlawfully enter our home, we're going to defend our homes and our
ourselves.”