HCS SCS SB 36 -- TRAFFIC OFFENSES

SPONSOR:  Westfall (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 11 to 0.

This substitute amends various provisions relating to traffic
law.  In its main provisions, the substitute:

(1)  Modifies the graduated driver's license law by allowing a
driver training instructor to accompany the driver in certain
cases.  Current law only allows a parent, grandparent, or
guardian to accompany a driver until the age of 16.  The
substitute also allows the Department of Revenue to issue a
permit if the applicant completes a driver training program in
lieu of 20 hours of instruction by a parent, grandparent, or
guardian (Sections 302.130 and 302.178, RSMo);

(2)  Reduces the blood alcohol content sufficient for
prosecution for DWI or BAC from .10 to .08.  The substitute
provides for criminal and administrative penalties related to
these offenses, including increasing a first offense of a BAC
from a class C misdemeanor to a class B misdemeanor.  If a
person's blood alcohol content is .08 or above, it will be prima
facie evidence that the person was intoxicated at the time the
specimen was taken (Sections 302.302, 302.309, 302.505, 302.510,
302.520, 302.541, 577.012, and 577.037);

(3)  Requires the Division of Alcohol and Drug Abuse to
establish and certify an educational and rehabilitative program
for serious or repeat offenders.  These programs will not be
subject to the court's discretion to waive the program, as is
the case with other DWI or BAC offenses.  For purposes of the
substitute, serious and repeat offenders are persons determined
to have driven with a BAC of at least .15 or persons who are
prior or persistent offenders (Sections 302.540 and 577.041);

(4)  Creates the Spinal Cord Injury Fund to be administered by
the Board of Curators of the University of Missouri.  The fund
will be funded by a variety of sources, including a fee of $2.50
on speeding tickets and a $25 fee on intoxication-related
offenses (Section 304.027);

(5)  Creates the Head Injury Fund to be administered by the Head
Injury Advisory Council.  The fund will be funded by a variety
of sources including a fee of $2.50 on speeding tickets and a
$25 fee on intoxication-related offenses (Section 304.028);

(6)  Allows county or municipal law enforcement officers to
administer a chemical test to persons suspected of driving while
intoxicated or with an excessive blood alcohol content.  Current
law only allows members of the Highway Patrol to administer a
test (Section 577.021);

(7)  Extends the minimum period of imprisonment or community
service which must be completed by repeat alcohol offenders for
parole or probation eligibility to a minimum 5 days of
imprisonment or 30 days community service for prior offenders
and a minimum of 10 days imprisonment or 60 days community
service for persistent offenders.  Current law requires 48 hours
or 10 days community service for prior offenders and has no
provisions for persistent offenders (Section 577.023); and

(8)  Requires the installation of an ignition interlock device
during probation on all motor vehicles owned or operated by
repeat intoxication-related traffic offenders.  The substitute
also removes the requirement of a no-hardship finding before
ordering installation of ignition interlock (Sections 577.600
and 577.602).

The substitute contains an emergency clause for portions of the
substitute dealing with .08 BAC and with prior and persistent
offenders.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill would enact lower
blood alcohol standards that would increase Missouri's federal
highway dollars, help save lives, and prevent injuries by
curbing intoxicated driving.  The bill would also enable police
officers to perform portable blood alcohol tests that would keep
even more intoxicated drivers off the road.

Testifying for the bill were Senator Westfall; Mothers Against
Driving Drunk; Department of Public Safety; Division of Highway
Safety; Highway Patrol; Department of Transportation; Missouri
State Medical Association; Missouri Police Chiefs; and Attorney
General's office.

OPPONENTS:  Those who oppose the bill say that the bill
potentially penalizes persons who are not intoxicated and
imposes too great a burden on those persons.

Testifying against the bill were Missouri Beer Wholesalers
Association.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am