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Legislation #: 200578 Introduction Date: 7/16/2020
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER BOUGH AND COUNCILMEMBER ELLINGTON
Title: Amending Chapter 50, code of Ordinances, by repealing Section 50-44, Obstructing or resisting public safety officer, employee or inspector, and enacting in lieu thereof a new section of like number and subject matter, to include a requirement that the prohibited acts be done “knowingly.”

Legislation History
DateMinutesDescription
7/16/2020 Filed by the Clerk's office
7/16/2020 Referred to Special Committee for Legal Review
7/21/2020 Advance and Do Pass as a Committee Substitute, Debate
7/23/2020 Passed as Substituted

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200578.pdf Authenticated 52K Authenticated Ordinance
200578 fact sheet.docx Fact Sheet 23K fact sheet
200578com.docx Compared Version 18K compared version

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200578

 

Amending Chapter 50, code of Ordinances, by repealing Section 50-44, Obstructing or resisting public safety officer, employee or inspector, and enacting in lieu thereof a new section of like number and subject matter, to include a requirement that the prohibited acts be done “knowingly.”

WHEREAS, to codify the culpable mental state defined in RSMo 562.021.3; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-44, Obstructing or resisting public safety officer, employee or inspector, and enacting in lieu thereof one new subsection of like number and subject matter, to read as follows:

 

Sec. 50-44. Obstructing or resisting public safety officer, employee or inspector.

 

(a)    Any person who shall in any way or manner knowingly hinder, obstruct, molest, resist or otherwise interfere with any city public safety officer, employee or inspector, including, but not limited to, any firefighter or other fire suppression employee, fire prevention inspector, emergency medical service provider, paramedic, health inspector, building code inspector, zoning inspector, property maintenance or nuisances code inspector, illegal dumping inspector, regulated industries investigator or animal control officer, or any officer of the city police department or any member of any other law enforcement agency or police force, in the discharge of his/her official duties shall be guilty of an ordinance violation.

 

(b)   A person who shall attempt to prevent any officer of the city police department or any other member of any other law enforcement agency or police force from arresting any person, or shall attempt to rescue any person in the custody of any officer of the city police department or any other member of any other law enforcement agency or police force, or from anyone called to assist the police or other law enforcement officer, shall be guilty of an ordinance violation.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Tara M. Kelly

Associate City Attorney