SECOND REGULAR SESSION
HOUSE BILL NO. 1329
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WILSON (130) (Sponsor), RUESTMAN, RICHARD, STEVENSON, KELLY (144), HUNTER, HOBBS, NIEVES, RUPP,
SMITH (118) AND JACKSON (Co-sponsors).Read 1st time January 29, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To amend chapter 577, RSMo, by adding thereto one new section relating to impounding vehicles.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 577, RSMo, is amended by adding thereto one new section, to be known as section 577.015, to read as follows:
577.015. 1. Except as provided in subsection 2 of this section, in addition to any other penalty which may be imposed upon a person convicted of a violation of section 577.010 or 577.012, the court may order that the convicted person's motor vehicle or vehicles be impounded or immobilized for a period of one year and that the convicted person pay all towing, impoundment, and storage fees or other immobilization costs.
2. The court shall not order the impoundment or immobilization of a motor vehicle driven by a person convicted of a violation of this section if the motor vehicle had been stolen or converted at the time it was driven in violation of section 577.010 or 577.012.
3. Prior to ordering the impoundment or immobilization of a motor vehicle or vehicles owned by a person convicted of a violation of this section, the court shall consider, but not be limited to, the following:
(1) Whether the impoundment or immobilization of the motor vehicle would result in the loss of employment by the convicted person or a member of such person's family; and
(2) Whether the ability of the convicted person or a member of the convicted person's family to attend school or obtain medical care would be impaired.
4. Any personal property in a vehicle impounded pursuant to this subsection may be retrieved prior to or during the period of such impoundment or immobilization.
5. If the owner of a motor vehicle which has been impounded pursuant to this section refuses to pay any towing, impoundment, storage, or other fees relating to the impoundment or immobilization of such vehicle or fails to take possession of such vehicle within thirty days following the date of the expiration of the impoundment period, such vehicle shall be deemed abandoned and the vehicle may be disposed of by the person having possession of such vehicle pursuant to the provisions of chapter 304, RSMo.
6. As used in this section, the convicted person's motor vehicle or vehicles shall include any vehicle leased by such person. If the lease on the convicted person's motor vehicle subject to impoundment or immobilization expires in less than one year from the date of the impoundment or immobilization, the time of impoundment or immobilization of such vehicle shall be the amount of time remaining on the lease.