SECOND REGULAR SESSION
HOUSE BILL NO. 1121
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DAVIS (19) (Sponsor), EMERY, PHILLIPS, DIXON,
KELLY (36), MYERS, MORRIS, VIEBROCK, JOLLY, HOLAND, BISHOP, SKAGGS,
ROARK AND WOOD (Co-sponsors).
Read 1st time January 15, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal section 577.017, RSMo, and to enact in lieu thereof one new section relating to open
alcoholic beverage containers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 577.017, RSMo, is repealed and one new section enacted in lieu
thereof, to be known as section 577.017, to read as follows:
577.017. 1. No person shall consume [any] or possess an open container of an
alcoholic beverage while [operating a moving] occupying any motor vehicle upon the highways,
as defined in section 301.010, RSMo, or the right-of-way of any such highway.
2. Any person found guilty of violating the provisions of this section is guilty of an
3. Any infraction under this section shall not reflect on any records with the department
4. This section shall not apply to passengers who are occupying a recreational
motor vehicle, or a motor vehicle designed, maintained, or used primarily for the
transportation of persons for compensation, or to the possession of an open alcoholic
beverage container behind the last upright seat of a motor vehicle that is not equipped with
5. As used in this section, "alcoholic beverage" means all distilled spirits, regardless
of the percentage of alcohol by volume the beverage contains, includes beer and wine if
such beverages contain one-half of one percent or more of alcohol by volume, includes
intoxicating liquor as defined in section 311.020, RSMo, and includes nonintoxicating beer
as defined in section 312.010, RSMo.