Missouri bill labeled ‘a license to murder’ dies in committee

A Missouri self-defense reform bill that two state senators said is “a license to murder,” died in committee Thursday.

Senate Bill 666 was being considered by the Senate Transportation, Infrastructure and Public Safety Committee. It would have dramatically changed how law enforcement proceeds after a violent crime and was broadly opposed by Democrats and police officers.

Under Missouri’s current law, a defendant must assert their use of force was in response to a genuine and reasonable belief that a violent felony was occurring, or would imminently occur, against them or another person. Once they have made self defense an issue in the case, the burden rests on the state to prove the defendant did not reasonably believe their use of force was necessary to defend against an imminent or occurring violent felony.

SB 666 would have repealed this section of the law, replacing it with a “presumption of reasonableness” that a defendant believed their use of force was necessary. The proposed statute says that if the person’s use of force falls under the established guidelines for reasonableness, they are “justified in such conduct and … immune from prosecution.”

A group of Southeast Missouri law enforcement officers and prosecutors signed a letter to Sen. Jason Bean (R-Poplar Bluff), vice chairman of the Transportation, Infrastructure and Public Safety Committee and a legislator from the region. They acknowledge the law as it is currently written, “already places a burden on the State of convincing a jury of twelve people that the defendant did not act in self-defense beyond a reasonable doubt,” a burden they say they accept. But, the signees say, SB 666 puts decisions ordinarily taken at jury trial “in the hands of politically elected or appointed judges.” KFVS 12 first reported on the letter.

Among the most concerning aspects of the bill, the letter’s signees said, was the “absolutely immunity” it would have created for violent offenders.

If SB 666 passed, law enforcement would have been prevented from arresting someone who claimed self-defense after a violent incident. Law enforcement would have had to establish probable cause that the use of force was unlawful before they could arrest someone for said use of force.

The bill also created a “pre-trial immunity hearing.” Once a defendant had raised self defense as an issue at that hearing, the burden would be on the state, or the plaintiff in a civil trial, to overcome that immunity by showing “clear and convincing evidence” – essentially requiring the accusing party to prove a negative.

Sen. Brian Williams (D-St. Louis), who sits on the Transportation, Infrastructure and Public Safety Committee, said in an emailed statement last week, “Senate Bill 666 is a terrible piece of legislation that will legalize murder and make it harder for police officers to investigate killings.”

He noted after Ahmaud Arbery’s murder, his killers were not arrested for two months.

While Gregory McMichael, Travis McMichael and William Bryan were eventually arrested, tried and convicted for Arbery’s killing, Williams said “under Senate Bill 666 those killers would likely walk free, forever.”

Sen. Greg Razer (D-Kansas City) – the only other Democrat on the committee – noted in an emailed statement earlier this week that a rural Missouri prosecutor called SB 666 the “Make Murder Legal Act” while giving testimony before the committee. Razer said, “that sums up the legislation well.”

Both senators said the bill equated to a “license to murder.”

Razer said the bill would make it harder for police to investigate shooters and make it harder for prosecutors to get convictions.

“Ultimately, it will mean more violent criminals on the streets making Missourians less safe.”

However, Razer said at the time he was “cautiously optimistic that with strong opposition coming from law enforcement and prosecutors across the state, that we can defeat this bill.”

None of the five Republican senators on the committee — or Sen. Eric Burlison (R-Battlefield), who sponsored the bill — responded to emailed requests for comment.

SB 1104, which is identical to SB 666 and sponsored by Sen. Rick Brattin (R-Lamar), has not been assigned to a committee yet.

Follow Zach Cunning on Twitter @zcheartlandsig