SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SUTHERLAND (Sponsor), COOPER (120), EL-AMIN, MEINERS, STREAM, THRELKELD, ONDER, HUBBARD, HUNTER AND BAKER (25) (Co-sponsors).
Read 1st time February 19, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to motor vehicle offenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be known as section 304.679, to read as follows:
304.679. 1. (1) A person is guilty of operation of a vehicle causing injury when, in the course of operating a motor vehicle in violation of any provision of this chapter, or any moving violation of a state law or county or municipal or federal traffic ordinance or regulation, the person's driving or operation of the vehicle causes physical injury to another person.
(2) Operation of a vehicle causing injury under subdivision (1) of this subsection is a class C misdemeanor.
(3) In addition to the penalty specified in subdivision (2) of this subsection, any person who pleads guilty to or is found guilty of operating a vehicle causing injury under this subsection shall be assessed a penalty of up to one thousand dollars. The court shall issue an order of suspension of such person's driving privilege for a period of no less than ninety days.
2. (1) A person is guilty of operation of a vehicle causing serious injury when, in the course of operating a motor vehicle in violation of any provision of this chapter, or any moving violation of a state law or county or municipal or federal traffic ordinance or regulation, the person's driving or operation of the vehicle causes serious injury to another person.
(2) Operation of a vehicle causing serious injury under subdivision 1 of this subsection is a class B misdemeanor.
(3) In addition to the penalty specified in subdivision (2) of this subsection, any person who pleads guilty to or is found guilty of operating a vehicle causing serious injury under this subsection shall be assessed a penalty of up to two thousand dollars. The court shall issue an order of suspension of such person's driving privilege for a period of no less than six months.
3. (1) A person is guilty of operation of a vehicle causing death when, in the course of operating a motor vehicle in violation of any provision of this chapter, or any moving violation of a state law or county or municipal or federal traffic ordinance or regulation, the person's driving or operation of the vehicle causes the death of another person.
(2) Operation of a vehicle causing death under subdivision (1) of this subsection is a class A misdemeanor.
(3) In addition to the penalty specified in subdivision (2) of this subsection, any person who pleads guilty to or is found guilty of operating a vehicle causing death under this subsection shall be assessed a penalty of up to five thousand dollars. The court shall issue an order of suspension of such person's driving privilege for a period of no less than one year.
4. As used in this section, "physical injury" and "serious physical injury" shall have the meaning ascribed to such terms in section 556.061, RSMo.
5. For any court-ordered suspension under subsection 1, 2, or 3 of this section, the director of the department of revenue shall impose such suspension as set forth in the court order. The order of suspension shall include the name of the offender, the offender's driver's license number, Social Security number, and the effective date of the suspension. Any appeal of a suspension under subsection 1, 2, or 3 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the circuit other than the judge who issued the original order to suspend the driver's license. The director of revenue's entry of the court-ordered suspension on the driving record is not a decision subject to review under section 302.311, RSMo. Any suspension of the driver's license order by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction under other provisions of law.
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