HB1517 Changes law regarding crimes involving alcohol.
Sponsor: Gaskill, Sam (131) Effective Date:00/00/0000
CoSponsor: LR Number: 3294L.01I
Last Action: 02/03/2000 - Referred: Criminal Law (H)
HB1517
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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* Introduced

Available Bill Text for HB1517
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BILL SUMMARIES

INTRODUCED

HB 1517 -- Alcohol-Related Driving Offenses

Sponsor:  Gaskill

This bill enhances the penalties for alcohol-related driving
offenses.

The bill:

(1)  Makes a person guilty of the crime of driving with
excessive blood alcohol content if the person operates a motor
vehicle with .08% or more blood alcohol content.  Under current
law, .10% or more blood alcohol content is required for
violation of this provision (Section 577.012);

(2)  Provides procedures for suspending and revoking the
driver's license of persons who are stopped for driving with
.08% or more blood alcohol content (Sections 302.302, 302.304,
302.510, 302.520, 302.541);

(3)  Increases the period of driver's license suspension for
alcohol-related driving offenses.  The driving privileges of a
person with no prior alcohol-related driving offenses in the
preceding 5 years will be suspended for 60 days, followed by 120
days of restricted driving privileges.  An offender with a prior
alcohol-related driving offense within the preceding 5 years
suffers a driver's license suspension of 2 years.  Under current
law, an offender with no prior alcohol-related driving offenses
in the preceding 5 years receives a driver's license suspension
for 30 days followed by a 60 day period of restricted driving.
A prior alcohol-related driving offender's driving privileges
are currently suspended for one year (Sections 302.304, 302.525);

(4)  Requires a person convicted of or who has pled guilty to 2
or more alcohol-related municipal violations within one year to
serve a minimum sentence of 60 days incarceration (Section
577.012);

(5)  Makes it a class B felony to commit the crime of vehicular
manslaughter by an intoxicated person.  Vehicular manslaughter
by an intoxicated person is defined as the criminally negligent
act of operating a motor vehicle while intoxicated that causes
the death of any person.  Under current law, the operation of a
motor vehicle in an intoxicated condition resulting in the death
of another person is deemed involuntary manslaughter, a class C
felony carrying a maximum prison term not to exceed 7 years.
The sentencing range for a class B felony is not less than 5
years and not more than 15 (Sections 565.024, 565.027);

(6)  Allows any municipality to enact ordinances permitting the
forfeiture of any motor vehicle operated by (a) a person with
one or more prior convictions for an intoxication-related
traffic offense; (b) a person prohibited from obtaining a
license to operate a motor vehicle by the Director of Revenue;
or (c) a person who has a license suspended or revoked as a
result of a finding or plea of guilty to any intoxication--
related traffic offense or to involuntary manslaughter while
operating a motor vehicle in an intoxicated condition.  Under
current law, the city of Springfield is the only municipality
with these forfeiture proceedings (Section 82.1000); and

(7)  Makes a person guilty of operating a vessel with excessive
blood alcohol content if the person operates a vessel on state
waterways with .08% or more blood alcohol content (Sections
306.112, 306.117).


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