HB73

Provides certain immunities for peace disturbances related to farming activities

How we find this

Bill text is published alongside proposed bills on the Missouri House and Senate web sites in PDF form. We scrape these PDFs and republish that information in plain text.

Bill Text from Dec. 1, 2016 - Introduced

FIRST REGULAR SESSION

HOUSE BILL NO. 73

99TH GENERAL ASSEMBLY

0581H.01I

D. ADAM CRUMBLISS, Chief Clerk

INTRODUCED BY REPRESENTATIVE MCGAUGH.

AN ACT

To repeal section 574.010, RSMo, and to enact in lieu thereof one new section relating to certain

immunities from peace disturbances, with penalty provisions.

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

Section A. Section 574.010, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 574.010, to read as follows:

(c) Threatening to commit a felonious act against any person under circumstances which

574.010. 1. A person commits the offense of peace disturbance if he or she: (1) Unreasonably and knowingly disturbs or alarms another person or persons by: (a) Loud noise; or (b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or are likely to cause a reasonable person to fear that such threat may be carried out; or (d) Fighting; or (e) Creating a noxious and offensive odor; (2) Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing: (a) Vehicular or pedestrian traffic; or (b) The free ingress or egress to or from a public or private place. 2. Notwithstanding the provisions of subdivision (1) of subsection 1 of this section, a person does not commit the offense of peace disturbance by creating a loud noise or

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 73 creating a noxious or offensive odor if such alleged noise or odor arises from or is attendant to: (a) Raising, maintaining, or keeping livestock as defined in section 277.020 including, but not limited to, any noise or odor made directly by or coming directly from any livestock; activities. 3. The offense of peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

(b) Planting, caring for, maintaining, or harvesting crops or hay; or (c) The engine of a vehicle or tractor while engaged in normal business related

T