FIRST REGULAR SESSION
[PERFECTED]
HOUSE BILL NO. 954
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOSMER.
Read 1st time March 8, 2001, and 1000 copies ordered printed.
Read 2nd time March 12, 2001, and referred to the Committee on Criminal Law, March 12, 2001.
Reported from the Committee on Criminal Law, March 15, 2001, with recommendation that the bill Do Pass by Consent.
Perfected by Consent March 29, 2001.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 302.505, 302.510, 302.520, 302.541 and 302.545, RSMo 2000, and to enact in lieu thereof five new sections relating to license suspension and revocation procedures for persons under twenty-one years of age.
Section A. Sections 302.505, 302.510, 302.520, 302.541 and 302.545, RSMo 2000, are repealed and five new sections enacted in lieu thereof, to be known as sections 302.505, 302.510, 302.520, 302.541 and 302.545, to read as follows:
302.505. 1. The department shall suspend or revoke the license of any person of any age upon its determination that the person was arrested upon probable cause to believe such person was driving a motor vehicle while the alcohol concentration in the person's blood, breath, or urine was ten-hundredths of one percent or more by weight, based on the definition of alcohol concentration in section 302.500, or where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated in violation of section 577.010, RSMo, or driving with excessive blood alcohol content in violation of section 577.012, RSMo, or upon probable cause to believe such person violated a state, county or municipal traffic offense and such person was driving with a blood alcohol content of at least two-hundredths of one percent [or more] by weight but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo.
2. The department shall make a determination of these facts on the basis of the report of a law enforcement officer required in section 302.510, and this determination shall be final unless a hearing is requested and held. If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.
3. The determination of these facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of those criminal charges shall not affect any suspension or revocation [under] pursuant to this section.
302.510. 1. Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person of any age for a violation of any state statute related to driving while intoxicated or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, and in which the alcohol concentration in the person's blood, breath, or urine was ten-hundredths of one percent or more by weight or at least two-hundredths of one percent [or more] by weight but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, for anyone less than twenty-one years of age, shall forward to the department a verified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated any state statute related to driving while intoxicated or was less than twenty-one years of age and was driving with at least two-hundredths of one percent [or more] by weight of alcohol in the person's blood but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, or a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.
2. The report required by this section shall be made on forms supplied by the department or in a manner specified by regulations of the department.
3. A county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to 302.540, unless the arresting law enforcement officer, other than an elected peace officer or official, has been certified by the director of the department of public safety pursuant to the provisions of sections 590.100 to 590.180, RSMo.
302.520. 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration for a person of any age of ten-hundredths of one percent or more by weight of alcohol in such person's blood or where such person is less than twenty-one years of age and the results show that there is at least two-hundredths of one percent [or more] of alcohol in the person's blood but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.
2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform the person of all rights and responsibilities pursuant to sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may sign the original as evidence of receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.
3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.
4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.
302.541. 1. In addition to other fees required by law, any person of any age who has had a license to operate a motor vehicle suspended or revoked following a determination, pursuant to section 302.505, or section 577.010, 577.012, 577.041 or 577.510, RSMo, or any 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, that such person was driving while intoxicated or with a blood alcohol content of ten-hundredths of one percent or more by weight or, where such person was at the time of the arrest less than twenty-one years of age and was driving with a blood alcohol content of at least two-hundredths of one percent [or more] by weight but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, shall pay an additional fee of twenty-five dollars prior to the reinstatement or reissuance of the license.
2. Any person less than twenty-one years of age whose driving privilege has been suspended or revoked solely for a first determination pursuant to sections 302.500 to 302.540 that such person was driving a motor vehicle with at least two-hundredths of one percent [or more] blood alcohol content but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, is exempt from filing proof of financial responsibility with the department of revenue in accordance with chapter 303, RSMo, as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege as provided by section 302.525.
302.545. 1. Any person who is less than twenty-one years of age and whose driving privilege has been suspended or revoked, for a first determination [under] pursuant to sections 302.500 to 302.540, that such person was driving with at least two-hundredths of one percent of blood alcohol content but no more than the prima facie blood alcohol content for intoxication established pursuant to section 577.037, RSMo, shall have all official records and all recordations maintained by the department of revenue of such suspension or revocation expunged two years after the date of such suspension or revocation, or when such person attains the age of twenty-one, whichever date first occurs. Such expungement shall be performed by the department of revenue without need of a court order. No records shall be expunged if the person was found guilty or pled guilty to operating a commercial motor vehicle, as defined in section 302.700, with a blood alcohol content of at least four-hundredths of one percent.
2. The provisions of this section shall not apply to any person whose license is suspended or revoked for a second or subsequent time pursuant to subsection 1 of this section or who is convicted of any alcohol-related driving offense before the age of twenty-one including, but not limited to:
(1) Driving while intoxicated pursuant to section 577.010, RSMo; or
(2) Driving with excessive blood alcohol content pursuant to section 577.012, RSMo.
Missouri House of Representatives