SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ST. ONGE (Sponsor), FAITH, QUINN (7), DUSENBERG, FUNDERBURK, SWINGER, RUZICKA AND YAEGER (Co-sponsors).
Pre-filed December 13, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 565.024, 565.081, 565.082, and 565.083, RSMo, and to enact in lieu thereof four new sections relating to protecting highway workers, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.024, 565.081, 565.082, and 565.083, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 565.024, 565.081, 565.082, and 565.083, to read as follows:
565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if he or she:
(1) Recklessly causes the death of another person; or
(2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person; or
(3) While in an intoxicated condition operates a motor vehicle in this state, and, when so operating, acts with criminal negligence to:
(a) Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or
(b) Cause the death of two or more persons; or
(c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood; or
(4) Operates a motor vehicle in violation of subsection 2 of section 304.022, RSMo, and when so operating, acts with criminal negligence to cause the death of any person authorized to operate an emergency vehicle, as defined in section 304.022, RSMo, while such person is in the performance of official duties; or
(5) Operates a motor vehicle in violation of subsection 1 of section 304.585, RSMo, and when so operating, acts with criminal negligence to cause the death of any highway worker as that term is defined in section 304.580, RSMo, while the highway worker is performing work in a construction zone or work zone as those terms are defined in section 304.580, RSMo.
2. Involuntary manslaughter in the first degree under subdivision (1) or (2) of subsection 1 of this section is a class C felony. Involuntary manslaughter in the first degree under subdivision (3) of subsection 1 of this section is a class B felony. A second or subsequent violation of subdivision (3) of subsection 1 of this section is a class A felony. For any violation of subdivision (3) of subsection 1 of this section, the minimum prison term which the defendant must serve shall be eighty-five percent of his or her sentence. Any violation of subdivision (4) or (5) of subsection 1 of this section is a class B felony.
3. A person commits the crime of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.
4. Involuntary manslaughter in the second degree is a class D felony.
565.081. 1. A person commits the crime of assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the first degree if such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer [or] , emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. As used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meanings as such terms are defined in section 304.580, RSMo.
4. Assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the first degree is a class A felony.
565.082. 1. A person commits the crime of assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the second degree if such person:
(1) Knowingly causes or attempts to cause physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means of a deadly weapon or dangerous instrument;
(2) Knowingly causes or attempts to cause physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means other than a deadly weapon or dangerous instrument;
(3) Recklessly causes serious physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer; or
(4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer;
(5) Acts with criminal negligence to cause physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means of a deadly weapon or dangerous instrument;
(6) Purposely or recklessly places a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in apprehension of immediate serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. As used in this section, the terms "highway worker", "construction zone" or "work zone" shall have the same meaning as such terms are defined in section 304.580, RSMo.
4. Assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the second degree is a class B felony unless committed pursuant to subdivision (2), (5), (6), or (7) of subsection 1 of this section in which case it is a class C felony. For any violation of subdivision (1), (3) or (4) of subsection 1 of this section, the defendant must serve mandatory jail time as part of his or her sentence.
565.083. 1. A person commits the crime of assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the third degree if:
(1) Such person recklessly causes physical injury to a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer;
(2) Such person purposely places a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in apprehension of immediate physical injury;
(3) Such person knowingly causes or attempts to cause physical contact with a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer without the consent of the law enforcement officer [or] , emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. As used in this section, the terms "highway worker", "construction zone" or "work zone" shall have the same meaning as such terms are defined in section 304.580, RSMo.
4. Assault of a law enforcement officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the third degree is a class A misdemeanor.
•