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Posted on Thu, Apr. 06, 2006
‘Let’s let criminals wonder’
Deadly-force bill moves closer to law
By KIT WAGAR and TIM HOOVER
The Star’s Jefferson City correspondents
JEFFERSON CITY — The Missouri
House gave preliminary approval Wednesday to legislation that would
give legal protections to people who use deadly force against
intruders into their homes or vehicles.
House OKs expanding deadly force right
Thursday, April 6, 2006
The Associated Press
JEFFERSON CITY, Mo. -- The House endorsed
legislation Wednesday expanding the right of Missourians to use deadly
force against anyone trying to unlawfully enter their homes or
vehicles.
"Let's let the criminals wonder whether this will be their last
crime," Rep. Curt Dougherty, D-Independence, said during debate on the
bill. "I say to the criminals: 'Do you feel lucky, punk?"'
The rhetoric was equally passionate from opponents.
"It sort of motivates a person to be a little more itchy fingered,"
Rep. John Bowman, D-St. Louis, said while discussing the bill with
another lawmaker.
The bill would remove the need for residents using deadly force to
have a reasonable belief of impending harm or burglary when a person
"unlawfully enters" their dwelling or vehicle, or tries to do so.
The legislation needs a final House vote before moving to the
Senate
State House OKs
use of deadly force without retreat
First-round
approval given to bill providing legal protection.
James Goodwin
News-Leader
JEFFERSON CITY — Missourians would have greater
legal standing for killing home invaders and carjackers under a bill
given first-round approval Wednesday in the House.
Supporters said the measure would cause would-be felons to rethink
their plans. Opponents said adequate protections already exist, and
the legislation would encourage unnecessary violence.
House Bill 1461 would:
 |
Abolish any requirement that a person must
flee from an invader before using deadly force. |
|
Create the presumption that invaders who
remain in a home intend to harm those inside. |
|
Establish immunity from criminal prosecution
and civil lawsuits for the lawful use of deadly force. |
"Let's let the bad person wonder if this will be their last crime,"
said Rep. Curt Dougherty, D-Independence.
Currently, a person must flee an invader before using deadly force —
the so-called "duty to retreat."
Also, residents, before using deadly force, must determine that the
intruder intended to harm them.
Opponents of the measure said it would encourage greater use of
deadly force while adding few protections. "It sort of motivates
people to have an itchy trigger finger," said Rep. John Bowman Sr.,
D-St. Louis.
HB1461, which received first-round approval with a voice vote, needs
another vote to move to the Senate.
Alabama Gov. Bob Riley signed similar legislation into law on
Tuesday. Florida passed its version of the law last year, joining 24
other states that already had, according to the National Rifle
Association.
In Missouri, the legislation under consideration would apply to
occupants of tents as well as homes.
Ron Cleek, Christian County prosecuting attorney for Christian
County, which has seen two home invasions so far this year, said in
a phone interview that he understood the intent behind the bill, but
still was concerned about it: "It's just too much of 'Shoot now, ask
questions later,'" he said.
Rep. Marilyn Ruestman, the Joplin Republican sponsoring the measure,
said it's about defense.
"The victim no longer has to retreat," she said.
It has been a pleasure to help the district with this
project and I will update this information as I get it.
-Representative Curt Dougherty
