HCS SS SCS SB 37, 322, 78, 351 & 424 -- ALCOHOL-RELATED OFFENSES

This bill changes the laws regarding driving while intoxicated.
In its main provisions, the bill expands the crime of involuntary
manslaughter in the first degree and increases the penalty to a
class B felony under certain circumstances.  The crime is a class
B felony when a person operates a motor vehicle in an intoxicated
condition and with criminal negligence:

(1)  Causes the death of any person not a passenger in the
vehicle operated by the defendant;

(2)  Causes the death of two or more persons; or

(3)  Causes the death of any person while the defendant's
blood-alcohol content is greater than .18%.

The bill changes the definition of "persistent offender."
Currently, persistent offender, as used in Chapter 577, RSMo, is
defined as a person with two or more convictions for
intoxication-related offenses during the past 10 years.  The bill
removes the time requirements.

Two new types of offender status, "aggravated offender" and
"chronic offender," are created for the purposes of applying the
enhanced penalties and prison requirements of Section 577.023.
An aggravated offender is a person convicted of:

(1)  Three intoxication-related offenses; or

(2)  Two intoxication-related offenses, when one of them is for
involuntary manslaughter, murder in the second degree when the
underlying felony is an intoxication-related offense, aggravated
vehicular manslaughter, assault in the second degree, or assault
of a law enforcement officer in the second degree.

A chronic offender is a person convicted of:

(1)  Four or more intoxication-related offenses;

(2)  Involuntary manslaughter, aggravated vehicular manslaughter,
assault in the second degree, or assault of a law enforcement
officer in the second degree on two separate occasions; or

(3)  Involuntary manslaughter, aggravated vehicular manslaughter,
assault in the second degree, or assault of a law enforcement
officer in the second degree and two other intoxication-related
offenses.

The bill makes driving while intoxicated or driving with an
excessive blood-alcohol content a class C felony when the
defendant is sentenced as an aggravated offender and a class B
felony when sentenced as a chronic offender.  Aggravated
offenders must serve at least 60 days of imprisonment and chronic
offenders at least two years of imprisonment before becoming
eligible for probation or parole.

The bill expands the crime of endangering the welfare of a child
in the second degree, a class A misdemeanor.  The offense is
committed when a person operating a motor vehicle commits
involuntary manslaughter, assault in the second degree, driving
while intoxicated, or driving with excessive blood-alcohol
content while a child younger than 17 years of age is in the
vehicle.

In other provisions, the bill:

(1)  Makes it a class A misdemeanor for a property owner to allow
someone younger than 21 years of age to drink or possess alcohol
on the owner's property; and

(2)  Removes the requirement that a municipal judge must be a
licensed attorney for any intoxication-related convictions in
that court to be considered in an offender's sentence
enhancement.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm