Bill Text: MO HB485 | 2013 | Regular Session | Introduced

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Bill Title: Creates the offense of unlawful possession or use of a firearm during the commission of a felony when prior felony offenders possess or use a firearm during a subsequent felony offense

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-02-18 - Referred: General Laws(H) [HB485 Detail]

Download: Missouri-2013-HB485-Introduced.html

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FIRST REGULAR SESSION

HOUSE BILL NO. 485

97TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVES HINSON (Sponsor), MUNTZEL, WOOD, WALKER, KRATKY, ROORDA AND RIDDLE (Co-sponsors).

1082L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To amend chapter 571, RSMo, by adding thereto one new section relating to the offense of unlawful possession or use of a firearm during the commission of a felony, with a penalty provision.

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

            Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.018, to read as follows:

            571.018. 1. Any person who has been found guilty or pleaded guilty or nolo contendere to a prior felony offense and who commits a subsequent felony offense, regardless of whether use of a firearm is an element of the subsequent felony offense, and during the commission of such felony offense the person possesses, displays, brandishes, threatens to use, attempts to use, or discharges any firearm is guilty of the offense of unlawful possession or use of a firearm during the commission of a felony. Such offense shall be in addition to and not in lieu of any underlying felony offense or any other offense for which such person may be charged and found guilty of or plead guilty or nolo contendere to.

            2. Any person who violates the provisions of this section shall be subject to the following terms of imprisonment:

            (1) For possession of a firearm during the commission of a felony, a term of imprisonment of ten years;

            (2) For displaying, brandishing, threatening to use, or attempting to use a firearm during the commission of a felony, a term of imprisonment of twenty years; and

            (3) For discharging a firearm during the commission of a felony, a term of imprisonment of life.

 

The terms of imprisonment in this subsection shall be imposed consecutively to any other terms of imprisonment imposed for any other felony offense.

            3. For purposes of this section, the following terms shall mean:

            (1) "Firearm", any weapon that is designed or adapted to expel a projectile by the action of an explosion;

            (2) "Possession", with respect to a firearm, carrying it on the person. Possession may also be established by demonstrating that the person had a firearm within immediate physical reach with ready access and the intent to use the firearm during the commission of a felony.

            4. This section shall not apply to law enforcement officers or United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.

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