Rick Francis firmly opposed to controversial bill, other area lawmakers defer comment

State House Rep. Rick Francis of Perryville (R-145) is pulling no punches about a self-defense bill which has garnered national attention and is working its way through the Legislature.

"I think SB666 is a horrible bill, and I believe it would definitely harm law enforcement and prosecutors from determining what is just and right," said Francis, who was first elected to the General Assembly in 2016.

The bill, introduced in the current session by Sen. Eric Burlison of Springfield (R-20), a candidate for Missouri's 7th District seat in the U.S. Congress, has the following language:

Rick Francis

Jamie Burger

• "Under current [Missouri] law, the defendant has the burden to prove he or she reasonably believed physical or deadly force was necessary to protect himself or herself or a third person. This act provides there shall be a presumption of reasonableness that the defendant believed such force was necessary to defend himself or herself or a third person."
• "This act provides the defendant can raise a claim of self-defense during a pre-trial hearing in either a criminal or civil case which shall shift the burden on the party seeking to overcome the immunity by proof of clear and convincing evidence."

In regard to immunity, Burlison's bill states any person who "uses or threatens to use force in self-defense is immune from criminal prosecution and civil action for the use of such force," with the sole exception of force against police on duty if the person "reasonably knew or should have known the person was a law enforcement officer."

Stoddard County, Missouri, prosecutor Russ Oliver testified at a hearing on the bill Tuesday before the Senate Transportation, Infrastructure and Public Safety Committee and called the legislation the "make murder legal act."

"This bill is dangerous to public safety and to our victims," Oliver said. "We shouldn't have to go before a judge before we can arrest someone who has killed someone."

More than 30 sheriffs, police departments and prosecutors have signed a letter condemning the proposed legislation.

Other comment

Barry Hovis

• Rep. Jamie Burger of Benton (R-148) said he received a text from a constituent in Charleston, Missouri, earlier this week asking if the General Assembly planned on letting Missourians "kill one another."

Burger said he will wait and allow the legislative process to play out.

"When there is such gray area with a bill as there is with this one, I want to listen to the committee testimony, and I'll zero in and watch the hearings. This needs to be vetted properly before I know how to vote -- if in fact the bill makes it to the House floor," he said.

• Rep. Barry Hovis of Whitewater (R-146), a retired career law enforcement officer with the City of Cape Girardeau, said while he supports the right to self-defense, he, too, must take a wait-and-see approach.

"I haven't seen SB666 yet, and I'm waiting for opinions from the prosecutor's association and other groups. Missouri already has robust laws on the books such as the 'Castle Doctrine,' which have parameters for self-defense. I will need to hear all the pros and cons before I know if I can give the bill my support."

Holly Rehder

• Sen. Holly Thompson Rehder of Scott City (R-27), who sits in the legislative chamber which will initially consider Burlison's bill, declined extensive comment, saying she has not heard testimony from both sides yet on SB666.

The San Francisco-based Giffords Law Center to Prevent Gun Violence, which said its research shows states with stronger gun laws suffer fewer gun deaths, reports 30 states have so-called "stand your ground laws" in public places.

Giffords also reports Florida, Kansas, Kentucky, Oklahoma, South Carolina and Tennessee are the only states currently preventing law enforcement from arresting someone who makes a claim of self-defense.