FIRST REGULAR SESSION

HOUSE BILL NO. 30

91ST GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE GASKILL.

Pre-filed December 1, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

0459L.01I


AN ACT

To amend chapter 563, RSMo, relating to defense of justification by adding thereto one new section relating to defense of the flag.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 563, RSMo, is amended by adding thereto one new section, to be known as section 563.081, to read as follows:

563.081. 1. A person may appropriate a United States national flag of another if the person reasonably believes such flag to be in danger of defilement or dishonorable destruction in a public place.

2. A person may use physical force upon another person when and to the extent the person reasonably believes such force to be necessary to prevent the defilement or dishonorable destruction of a United States national flag in a public place.

3. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section.

4. No person shall be liable in any civil action to another for acts committed pursuant to subsection 1 or 2 of this section.

5. The defendant shall have the burden of injecting the issue of justification pursuant to this section.



Missouri House of Representatives