(1) regardless of 161.235 (use of physical force in making an arrest or preventing an escape) and except as provided in HB4301 Ch. 3 Sec. 2 (Pressure on throat or neck), a peace officer may use deadly physical force only when the peace officer reasonably believes that:

(a) the crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person OR

(b) the crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime OR

(c) regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force OR

(d) the crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary OR

(e) the officer's life or personal safety is endangered in the particular circumstances involved.

(2) Nothing in paragraph (1) constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody