SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NOS. 934, 546, 578,

579 & 782

90TH GENERAL ASSEMBLY



Reported from the Committee on Criminal Law, May 2, 2000, with recommendation that the House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 934, 546, 578, 579 & 782 Do Pass.



ANNE C. WALKER, Chief Clerk

4272L.08C

AN ACT

To repeal section 577.017, RSMo 1994, relating to alcohol-related traffic offenses, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.





Be it enacted by the General Assembly of the state of Missouri, as follows:



Section A. Section 577.017, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 577.012, to read as follows:

577.012. 1. A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with [ten-hundredths] eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3. [For the first offense,] Driving with excessive blood alcohol content is a class C misdemeanor.


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