T.Mike Curry Weblog

Missouri "Castle Doctrine" Possibly Close to Final Passage

Senate Bill 62, labelled the Missouri "Castle Doctrine" legislation, was introduced into the Senate by State Senator Jack Goodman of District 29. This bill is scheduled for a third reading and possible vote on the Missouri Senate floor on Monday, March 5, 2007.

This bill is intended to amend RSMo Chapter 563 of Missouri law covering the use of deadly force. If passed by the Senate, it would establish the "Castle Doctrine" for Missouri as well as providing for immunity to criminal and civil suits in cases of justified self-defense.

This bill has seen several modifications since its introduction. For example...

• The wording "any place a person has a lawful right to be" has been taken out of the online listed "Perfected" bill (563.0312.(2) and 3 - lines 26-31). The removal of this text has caused some consternation as it leaves only inside a person's dwelling, residence, or vehicle as places where Castle Doctrine protection can be claimed. Some proponents of this bill worry rural residents out on their property, but not in a home, for example, may be denied a Castle Doctrine defense because they were not in a "dwelling, residence, or vehicle". An alternate example expresses concern that someone placing groceries in their car trunk in a parking lot (a place where someone "has a legal right to be") could also be denied a Castle Doctrine defense with this wording. These sound like legitimate concerns, in light of how much courts and lawyers can be sticklers for the wording of the law.
  
  
• The inclusion of "criminal prosecution" as one of the immunities has been put back in the online listed "Perfected" bill (563.074.1). The House version had dropped this wording leaving only immunity to civil action. Proponents deam this item important as they fear it is entirely possible someone using a firearm in lawful self-defense could be found legally justified in using lethal force, yet still be charged with such things as brandishing a firearm, going in terror of the public, discharge of a firearm, criminal public endangerment, and etc.

This bill is scheduled for a Third Reading and possible vote in the Missouri Senate on Monday, March 5th, 2007.

• Senate Bill 62 Status
• Senate Bill 62 Action Taken
• Senate Bill 62 Text
• The committe handling this bill is the Judiciary and Civil and Criminal Jurisprudence Committee.

Previously this bill passed the Missouri House as the combined House Bill No. 189 & 60.

( Mar 03 2007, 08:53:04 PM CST ) Permalink Comments [2]