New Law in Missouri

[galen]

I saw this morning on the news that the Governor is ready to sign a new law that gives a private person protection against law suits if he or she uses deadly force to protect their home, car, or other property.

[Christopherstjo]

Actually these laws already exist.... see RSMo-Chapter 563; list of affirmative defenses when use of force (including deadly force) is applied by a private person and a law enforcement officer.

[FireEMSPolice]

Ohio needs to follow suit. We are way behind.

[bigdog]

we have that law and but ours is for ANY justified use of force whether deadly or none deadly.


776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).