FIRST REGULAR SESSION

HOUSE BILL NO. 832

91ST GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE GASKILL.

Read 1st time February 20, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1999L.01I


AN ACT

To amend chapter 563, RSMo, by adding thereto one new section relating to defense of the United States 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 the flag is being defiled or dishonorably destroyed in a public place.

2. A person may use physical force when and to the extent that a reasonable person would believe such force to be necessary to prevent further 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