A Missouri state senator has proposed a bill offering protections to motorists who inadvertently strike rioters while fleeing for safety.
Sen. Adam Schnelting (R-St. Charles) has filed HB 56, which is also known as the Fleeing Motorist Protection Act, a report on the KSDK website said. A similar bill, SB 66, has been introduced by Senator-elect Rick Brattin (R-Harrisonville).
Schnelting’s bill, as written, states: "If a person attempts to flee in a motor vehicle from an unlawful or riotous assemblage, such person shall not be criminally or civilly liable for any deaths or injuries to any individual participating in the unlawful or riotous assemblage that may result if the person reasonably believes he or she or any occupant of the motor vehicle is in danger."
Missouri State Sen. Adam Schnelting (R-St. Charles)
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Schnelting stated that he has pre-filed the bill.
“It will not go before a committee unless or until it is referred to one, probably sometime in January or early February as the process normally goes,” he told the St. Louis Record.
Schnelting said he filed the bill to shore up protections for trapped motorists where there was none. The proposed bill comes in the wake of several incidents where people have been struck by vehicles seeking to flee from a gathering.
“I filed the Fleeing Motorist Protection Act to ensure that motorists who are trapped in their vehicle during a riot have a legal right to flight without being civilly or criminally liable for self-defense” Schnelting said. “If your grandparents are caught in a mob and being threatened, they shouldn’t be held liable for inadvertently hitting a rioter if they flee from the scene in order to save those in the car from physical danger. That said, the bill does not change our laws on vehicular assault nor excuse gross negligence.”
Schnelting has drawn a distinction between peaceful protests and rioting, the KSDK report said. He clarified that the bill applies to rioters and mobs, as he supports the right to peacefully protest.
Schnelting is unsure if any prior incidents have resulted in civil litigation but proposed the bill as a precaution.
“While I don’t know how many of these specific situations have led to civil litigation, as the media rarely covers anything more than whether or not the motorist is criminally charged, there is currently no protection from civil liability for motorists who are guilty of nothing more than an attempt to flee a dangerous or life-threatening situation that they are not responsible for creating,” Schnelting told the Record. “As a legislator, it is my responsibility to ensure the government protects my constituents, and I try to take a proactive approach whenever possible.”