Read 1st time January 18, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 577.017, RSMo 1994, and sections 301.010, 302.302, 577.001, 577.023, 577.600, 577.602, 577.604, 577.606, 577.608, 577.610, 577.612 and 577.614, RSMo Supp. 1999, relating to public safety offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.
Section A. Section 577.017, RSMo 1994, and sections 301.010, 302.302, 577.001, 577.023, 577.600, 577.602, 577.604, 577.606, 577.608, 577.610, 577.612 and 577.614, RSMo Supp. 1999, are repealed and six new sections enacted in lieu thereof, to be known as sections 301.010, 302.302, 577.001, 577.017, 577.023 and 577.600, to read as follows:
301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to 304.260, RSMo, and sections 307.010 to 307.175, RSMo, the following terms mean:
(1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control;
(2) "Automobile transporter", any vehicle combination designed and used specifically for the transport of assembled motor vehicles;
(3) "Axle load", the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle;
(4) "Boat transporter", any vehicle combination designed and used specifically to transport assembled boats and boat hulls;
(5) "Body shop", a business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting;
(6) "Bus", a motor vehicle primarily for the transportation of a driver and eight or more passengers but not including shuttle buses;
(7) "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers but not including vanpools or shuttle buses;
(8) "Cotton trailer", a trailer designed and used exclusively for transporting cotton at speeds less than forty miles per hour from field to field or from field to market and return;
(9) "Dealer", any person, firm, corporation, association, agent or subagent engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers;
(10) "Director" or "director of revenue", the director of the department of revenue;
(11) "Driveaway operation", the movement of a motor vehicle or trailer by any person or motor carrier other than a dealer over any public highway, under its own power singly, or in a fixed combination of two or more vehicles, for the purpose of delivery for sale or for delivery either before or after sale;
(12) "Farm tractor", a tractor used exclusively for agricultural purposes;
(13) "Fleet", any group of ten or more motor vehicles owned by the same owner;
(14) "Fleet vehicle", a motor vehicle which is included as part of a fleet;
(15) "Fullmount", a vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination;
(16) "Gross weight", the weight of vehicle and/or vehicle combination without load, plus the weight of any load thereon;
(17) "Hail-damaged vehicle", any vehicle, the body of which has become dented as the result of the impact of hail;
(18) "Highway", any public thoroughfare and such thoroughfare's right-of-way for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
(19) "Improved highway", a highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth surface;
(20) "Intersecting highway", any highway which joins another, whether or not it crosses the same;
(21) "Junk vehicle", a vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered;
(22) "Kit vehicle", a motor vehicle assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer's statement of origin;
(23) "Land improvement contractors' commercial motor vehicle", any not-for-hire commercial motor vehicle the operation of which is confined to:
(a) An area that extends not more than a radius of one hundred miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects involving soil and water conservation, or to and from equipment dealers' maintenance facilities for maintenance purposes; or
(b) An area that extends not more than a radius of twenty-five miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects not involving soil and water conservation. Nothing in this subdivision shall be construed to prevent any motor vehicle from being registered as a commercial motor vehicle or local commercial motor vehicle;
(24) "Local commercial motor vehicle", a commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more than fifty miles therefrom, or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under the person's control by virtue of a landlord and tenant lease; provided that any such property transported to any such farm is for use in the operation of such farm;
(25) "Local log truck", a commercial motor vehicle which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state, used exclusively in this state, used to transport harvested forest products, operated solely at a forested site and in an area extending not more than a fifty-mile radius from such site, carries a load with dimensions not in excess of twenty-five cubic yards per two axles with dual wheels, and is not operated on the national system of interstate and defense highways described in Title 23, Section 103(e) of the United States Code, does not have more than four axles and does not pull a trailer which has more than two axles. A local log truck may not exceed the limits required by law, however, if the truck does exceed such limits as determined by the inspecting officer, then notwithstanding any other provisions of law to the contrary, such truck shall be subject to the weight limits required by such sections as licensed for eighty thousand pounds;
(26) "Local transit bus", a bus whose operations are confined wholly within a municipal corporation, or wholly within a municipal corporation and a commercial zone, as defined in section 390.020, RSMo, adjacent thereto, forming a part of a public transportation system within such municipal corporation and such municipal corporation and adjacent commercial zone;
(27) "Log truck", a vehicle which is not a local log truck and is used exclusively to transport harvested forest products to and from forested sites which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state for the transportation of harvested forest products;
(28) "Major component parts", the rear clip, cowl, frame, body, cab, front-end assembly, and front clip, as those terms are defined by the director of revenue pursuant to rules and regulations or by illustrations;
(29) "Manufacturer", any person, firm, corporation or association engaged in the business of manufacturing or assembling motor vehicles, trailers or vessels for sale;
(30) "Mobile scrap processor", a business located in Missouri or any other state that comes onto a salvage site and crushes motor vehicles and parts for transportation to a shredder or scrap metal operator for recycling;
(31) "Motor change vehicle", a vehicle manufactured prior to August, 1957, which receives a new, rebuilt or used engine, and which used the number stamped on the original engine as the vehicle identification number;
(32) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;
(33) "Motor vehicle primarily for business use", any vehicle other than a recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over twelve thousand pounds:
(a) Offered for hire or lease; or
(b) The owner of which also owns ten or more such motor vehicles;
(34) "Motorcycle", a motor vehicle operated on two wheels;
(35) "Motorized bicycle", any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground;
(36) "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. A motortricycle shall not be included in the definition of all-terrain vehicle;
(37) "Municipality", any city, town or village, whether incorporated or not;
(38) "Nonresident", a resident of a state or country other than the state of Missouri;
(39) "Non-USA-std motor vehicle", a motor vehicle not originally manufactured in compliance with United States emissions or safety standards;
(40) "Operator", any person who operates or drives a motor vehicle;
(41) "Owner", any person, firm, corporation or association, who holds the legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this law;
(42) "Public garage", a place of business where motor vehicles are housed, stored, repaired, reconstructed or repainted for persons other than the owners or operators of such place of business;
(43) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by the rebuilder, but does not include certificated common or contract carriers of persons or property;
(44) "Reconstructed motor vehicle", a vehicle that is altered from its original construction by the addition or substitution of two or more new or used major component parts, excluding motor vehicles made from all new parts, and new multistage manufactured vehicles;
(45) "Recreational motor vehicle", any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purposes of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle from being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered;
(46) "Rollback or car carrier", any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly connected to a wrecker or towing service;
(47) "Saddlemount combination", a combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner the combination is called a double saddlemount combination. When three vehicles are towed in this manner, the combination is called a triple saddlemount combination;
(48) "Salvage dealer and dismantler", a business that dismantles used motor vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;
(49) "Salvage vehicle", a motor vehicle, semitrailer or house trailer which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it, or by an insurance company as a result of settlement of a claim for loss due to damage or theft; or a vehicle, ownership of which is evidenced by a salvage title; or abandoned property which is titled pursuant to section 304.155, RSMo, or section 304.157, RSMo, and designated with the words "salvage/abandoned property";
(50) "School bus", any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational purposes;
(51) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or corporation as an incidental service to transport patrons or customers of the regular business of such person, firm, or corporation to and from the place of business of the person, firm, or corporation providing the service at no fee or charge. Shuttle buses shall not be registered as buses or as commercial motor vehicles;
(52) "Special mobile equipment", every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section;
(53) "Specially constructed motor vehicle", a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a manufacturer of motor vehicles. The term "specially constructed motor vehicle" includes kit vehicles;
(54) "Stinger-steered combination", a truck tractor-semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit;
(55) "Tandem axle", a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart;
(56) "Tractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof;
(57) "Trailer", any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010, RSMo;
(58) "Truck", a motor vehicle designed, used, or maintained for the transportation of property;
(59) "Truck-tractor semitrailer-semitrailer", a combination vehicle in which the two trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one less articulation point than the conventional "A dolly" connected truck-tractor semitrailer-trailer combination;
(60) "Truck-trailer boat transporter combination", a boat transporter combination consisting of a straight truck towing a trailer using typically a ball and socket connection with the trailer axle located substantially at the trailer center of gravity rather than the rear of the trailer but so as to maintain a downward force on the trailer tongue;
(61) "Used parts dealer", a business that buys and sells used motor vehicle parts or accessories, but not including a business that sells only new, remanufactured or rebuilt parts. "Business" does not include isolated sales at a swap meet of less than three days;
(62) "Vanpool", any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, city, county or state agency, or any member thereof, for the transportation of not less than eight nor more than forty-eight employees, per motor vehicle, to and from their place of employment; however, a vanpool shall not be included in the definition of the term "bus" or "commercial motor vehicle" as defined by subdivisions (6) and (7) of this section, nor shall a vanpool driver be deemed a "chauffeur" as that term is defined by section 302.010, RSMo; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other than for use in a ride-sharing arrangement;
(63) "Vehicle", any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons;
(64) "Wrecker" or "tow truck", any emergency commercial vehicle equipped, designed and used to assist or render aid and transport or tow disabled or wrecked vehicles from a highway, road, street or highway rights-of-way to a point of storage or repair, including towing a replacement vehicle to replace a disabled or wrecked vehicle;
(65) "Wrecker or towing service", the act of transporting, towing or recovering with a wrecker, tow truck, rollback or car carrier any vehicle not owned by the operator of the wrecker, tow truck, rollback or car carrier for which the operator directly or indirectly receives compensation or other personal gain.
302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:
(1) Any moving violation of a state law or county or municipal traffic
ordinance not listed in this section, other than a violation of vehicle equipment
provisions or a court-ordered supervision as provided in section
302.303 2 points
(except any violation of municipal stop sign ordinance
where no accident is involved 1 point)
(2) Speeding
In violation of a state law 3 points
In violation of a county or municipal ordinance 2 points
(3) Leaving the scene of an accident in violation
of section 577.060, RSMo 12 points
In violation of any county or municipal ordinance 6 points
(4) Careless and imprudent driving in violation of subsection 4 of section
304.016, RSMo 4 points
In violation of a county or municipal ordinance 2 points
(5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:
(a) For the first conviction 2 points
(b) For the second conviction 4 points
(c) For the third conviction 6 points
(6) Operating with a suspended or revoked license prior to restoration
of operating privileges 12 points
(7) Obtaining a license by misrepresentation 12 points
(8) For the first conviction of driving while in an intoxicated condition or under the
influence of controlled substances or drugs 8 points
(9) For the second or subsequent conviction of any of the following offenses
however combined: driving while in an intoxicated condition, driving under the
influence of controlled substances or drugs or driving with a blood alcohol
content of ten-hundredths of one percent or more by weight 12 points
(10) For the first conviction for driving with blood alcohol content ten-hundredths of one percent or more by weight
In violation of state law 8 points
In violation of a county or municipal ordinance 8 points
(11) Any felony involving the use of a motor vehicle 12 points
(12) Knowingly permitting unlicensed operator to operate a motor
vehicle 4 points
(13) For a conviction for failure to maintain financial responsibility pursuant
to county or municipal ordinance or pursuant to section 303.025, RSMo 4 points
(14) Operating a motor vehicle with an open container of an alcoholic
beverage in the passenger compartment of the vehicle 4 points
2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.
3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.
4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.
5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2), or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver improvement program or a motorcycle rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver improvement program or motorcycle rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.
577.001. 1. As used in this chapter, "alcoholic beverage" means:
(1) Spirituous liquor, or any combination of liquors a part of which is spirituous, and all preparations or mixtures for beverage purposes which include spirituous liquor, regardless of the percentage of alcohol by volume; and
(2) Other alcohol for beverage purposes, alcoholic, vinous, fermented, malt or other liquors, a part of which is vinous or fermented, and all preparations or mixtures for beverage purposes, containing one-half of one percent or more of alcohol by volume, including nonintoxicating beer as defined in section 312.010, RSMo.
2. As used in this chapter, the term "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle.
[2.] 3. As used in this chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[3.] 4. As used in this chapter, the term "law enforcement officer" or "arresting officer" includes the definition of law enforcement officer in subdivision (17) of section 556.061, RSMo, and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri.
[4.] 5. As used in this chapter, "open container" means any container which is immediately capable of being consumed from, or the seal of which has been broken.
6. As used in this chapter, "passenger compartment" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or passengers while in their seated positions, including the glove compartment.
7. As used in this chapter, "substance abuse traffic offender program" means a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening. The assignment recommendations based upon such assessment shall be subject to judicial review as provided in subsection 7 of section 577.041.
577.017. 1. No person shall possess any open container of an alcoholic beverage in the passenger compartment of the vehicle or consume any alcoholic beverage while operating or riding as a passenger in a [moving] motor vehicle upon the highways, as defined in section 301.010, RSMo.
2. A person may transport an open container of an alcoholic beverage in the trunk of a motor vehicle, behind the last upright seat in a motor home, station wagon, hatchback or similar trunkless vehicle, if the open container is enclosed within another, sealed container, behind a solid partition separating the vehicle operator from the passenger compartment of the vehicle, if the open container is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of twelve or more persons, in the living quarters of a recreational vehicle as defined in section 700.010, RSMo, or in a camper.
3. Any person found guilty of violating the provisions of this section is guilty of an infraction.
[3.] 4. Any infraction [under] pursuant to this section shall not reflect on any records with the department of revenue.
577.023. 1. For purposes of this section, unless the context clearly indicates otherwise:
(1) An "intoxication-related traffic offense" is driving while intoxicated, driving with excessive blood alcohol content, involuntary manslaughter pursuant to subdivision (2) of subsection 1 of section 565.024, RSMo, assault in the second degree pursuant to subdivision (4) of subsection 1 of section 565.060, RSMo, assault of a law enforcement officer in the second degree pursuant to subdivision (3) of subsection 1 of section 565.082, RSMo, or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;
(2) A "persistent offender" is one of the following:
(a) A person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses, where such two or more offenses occurred within ten years of the occurrence of the intoxication-related traffic offense for which the person is charged;
(b) A person who has pleaded guilty to or has been found guilty of involuntary manslaughter pursuant to subsection 1 of section 565.024, RSMo, assault in the second degree pursuant to subdivision (4) of subsection 1 of section 565.060, RSMo, assault of a law enforcement officer in the second degree pursuant to subdivision (3) of subsection 1 of section 565.082, RSMo; and
(3) A "prior offender" is a person who has pleaded guilty to or has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged.
2. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a prior offender shall be guilty of a class A misdemeanor.
3. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a persistent offender shall be guilty of a class D felony.
4. No court shall suspend the imposition of sentence as to a prior or persistent offender under this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011, RSMo, to the contrary notwithstanding[, nor shall such person]. No prior offender shall be eligible for parole or probation until [he] such person has served a minimum of [forty-eight consecutive hours'] five days imprisonment, unless as a condition of such parole or probation such person performs at least [ten] thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. No persistent offender shall be eligible for parole or probation until such offender has served a minimum of ten days imprisonment, unless as a condition of such parole or probation such offender performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service.
5. The court shall find the defendant to be a prior offender or persistent offender, if:
(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender or persistent offender; and
(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender or persistent offender; and
(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender or persistent offender.
6. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.
7. In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.
8. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.
9. The defendant may waive proof of the facts alleged.
10. Nothing in this section shall prevent the use of presentence investigations or commitments.
11. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.
12. The pleas or findings of guilty shall be prior to the date of commission of the present offense.
13. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior offenders or persistent offenders.
14. Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and shall include but not be limited to evidence of convictions received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. After hearing the evidence, the court shall enter its findings thereon. A conviction of a violation of a municipal or county ordinance in a county or municipal court for driving while intoxicated or a conviction or a plea of guilty or a finding of guilty followed by a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in a state court shall be treated as a prior conviction.
577.600. 1. [Beginning January 1, 1996,] In addition to any other provisions of law, a court may require that any person who is found guilty of or pleads guilty to a first intoxication-related traffic offense, as defined in section 577.023, and a court shall require that any person who is found guilty of or pleads guilty to a second or subsequent intoxication-related traffic offense, as defined in section 577.023, [who was granted probation,] shall not operate [a] or own any motor vehicle [during the period of probation] unless that vehicle is equipped with a functioning, certified ignition interlock device [as provided in sections 577.600 to 577.614] for a period of not less than one month from the date of reinstatement of the person's driver's license. In addition, any court authorized to grant a limited driving privilege [under] pursuant to section 302.309, RSMo, [may] to any person who is found guilty of or pleads guilty to a second or subsequent intoxication related traffic offense, shall require the use of an ignition interlock device on all vehicles owned or operated by the person as a required condition of the limited driving privilege. Any person required to use an ignition interlock device shall comply with the court order, subject to the penalties provided by [sections 577.600 to 577.614] this section.
2. No person shall knowingly rent, lease or lend a motor vehicle to a person known to have had [his] such person's driving privilege restricted as provided in subsection 1 of this section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as provided in subsection 1 of this section shall notify any other person who rents, leases or loans a motor vehicle to [him] such person of the driving restriction imposed [under] pursuant to this section.
3. Any person convicted of a violation of this section shall be guilty of a class A misdemeanor.
[577.602. 1. No court shall require the use of an ignition interlock device until it has made an affirmative finding that such a requirement will not impose any undue hardship by reason of the cost of the device or by reason of the difficulties associated with any necessary installation, testing, calibration, servicing or removal of the device. No court shall be required to require a person who is found guilty of or pleads guilty to a second intoxication-related traffic offense, as defined in section 577.023, to use an ignition interlock device as a condition of a limited driving privilege if such a device cannot be installed within fifty miles of the county seat of such person's county of residence; however, the court in such case may, in its discretion, require the use of such a device.
2. If a court imposes a fine and requires the use of an ignition interlock device for the same offense, the amount of the fine may be reduced by the cost of the ignition interlock device.
3. If the court requires the use of an ignition interlock device, it shall order the installation of the device on any vehicle which the probationer operates during the period of probation or limited driving privilege.
4. If the court imposes the use of an ignition interlock device on a person having full or limited driving privileges, the court shall require the person to provide proof of compliance with the order to the court or the probation officer within thirty days of this court's order or sooner, as required by the court. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall revoke or terminate the person's probation or limited driving privilege.
5. Nothing in sections 577.600 to 577.614 shall be construed to authorize a person to operate a motor vehicle whose driving privileges have been suspended or revoked, unless the person has obtained a limited driving privilege or restricted driving privilege under other provisions of law.
6. The person whose driving privilege is restricted pursuant to section 577.600 shall report to the court or the probation officer at least once annually, or more frequently as the court may order, on the operation of each ignition interlock device in the person's vehicle or vehicles. Such person shall be responsible for the cost and maintenance of the ignition interlock device. If such device is broken, destroyed or stolen, such person shall also be liable for the cost of replacement of the device.
7. The court may require a person whose driving privilege is restricted under section 577.600 to report to any officer appointed by the court in lieu of a probation officer.
8. The court shall require periodic calibration checks that are needed for the proper operation of the ignition interlock device.]
[577.604. The court shall require the use of a certified ignition interlock device during the period of probation if the person is permitted to operate a motor vehicle, whether the privilege to operate a motor vehicle is restricted or not, as determined by the court.]
[577.606. The court shall send the order to the department of revenue in all cases where the driving privilege of a person is restricted pursuant to section 577.600. The order shall contain the requirement for, and the period of, the use of a certified ignition interlock device under sections 577.600 to 577.614. The records of the department of revenue shall contain a record reflecting mandatory use of the device.]
[577.608. 1. The department of public safety shall certify or cause to be certified ignition interlock devices required by sections 577.600 to 577.614 and publish a list of approved devices.
2. The department of public safety shall adopt guidelines for the proper use of the ignition interlock devices in full compliance with sections 577.600 to 577.614.
3. The department of public safety shall use information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of interlock ignition devices. In certifying the devices, those which do not impede the safe operation of the vehicle and which have the fewest opportunities to be bypassed so as to render the provisions of sections 577.600 to 577.614 ineffective shall be certified.
4. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by the guidelines of the department of public safety.
5. Before certifying any device, the department of public safety shall consult with the National Highway Traffic Safety Administration regarding the use of ignition interlock devices.]
[577.610. The manufacturer shall affix to each ignition interlock device a label which shall contain a warning that any person tampering, circumventing or otherwise misusing the device is guilty of a class A misdemeanor.]
[577.612. 1. It is unlawful for any person whose driving privilege is restricted pursuant to section 577.600 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
2. It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to section 577.600.
3. It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
4. Any person who violates any provision of this section is guilty of a class A misdemeanor.
[577.614. 1. In addition to any other provisions of law, upon a finding of guilty of, or a plea of guilty to, a violation of subsection 1 of section 577.600, the department of revenue shall revoke the person's driving privilege for one year from the date of conviction.
2. In addition to any other provision of law, if a person is found guilty of, or pleads guilty to, a second violation of subsection 1 of section 577.600 during the same period of required use of an approved ignition interlock device, the department of revenue shall revoke the person's driving privilege for five years from the date of conviction.
3. The court shall notify the department of revenue of all guilty findings and pleas pursuant to subsection 1 of section 577.600.
4. The department of revenue shall charge a reinstatement fee as required by section 302.304, RSMo, prior to the reinstatement of any driving privilege suspended or revoked pursuant to this section.
5. No restricted or limited driving privilege shall be issued for any person whose license is revoked pursuant to this
section.]
Missouri House of
Representatives