SB 37 Modifies various provisions concerning alcohol related offenses
Sponsor: Nodler
LR Number: 0041L.10T Fiscal Note: 0041-10
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 7/13/2005 - Signed by Governor Journal Page:
Title: HCS SS SCS SBs 37, 322, 78, 351 & 424 Calendar Position:
Effective Date: August 28, 2005
House Handler: Stevenson

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Current Bill Summary


HCS/SS/SCS/SBs 37, 322, 78, 351, & 424 - This act relates to alcohol-related offenses.

SECTION 302.060, 302.321, & 302.541

These sections remove the requirement that the judge be an attorney in certain traffic-related cases.

SECTION 311.310

Currently, this section states that any person, except a parent or guardian, who procures for, sells, gives away, or otherwise supplies alcohol to minor is guilty of a misdemeanor.

In addition to the current provisions, this act prohibits any owner, occupant, or other person or legal entity with a lawful right to the use and enjoyment of any property from knowingly allowing a minor to drink or knowingly failing to stop a minor from drinking on such property, unless the person is the minor's parent or guardian.

A person who knowingly violates these new provisions is guilty of a Class A misdemeanor.

SECTION 565.024

This act restructures the statute regarding involuntary manslaughter in the first degree and changes the penalty for the crime depending on aggravating circumstances.

Currently, involuntary manslaughter in the first degree is a Class C felony if: (1) A person recklessly causes the death of another, or (2) While in an intoxicated condition operates a vehicle, and when doing so, acts with criminal negligence to cause the death or another.

Under this act, a person is guilty of a Class B felony (exception below) and must serve 85% of his or her sentence, if, in an intoxicated condition operates a vehicle, and when doing so, acts with criminal negligence to:

• Cause the death of a person not a passenger; or

• Cause the death of two or more persons; or

• Cause the death of any person while he or she has a blood alcohol content of at least .18

If a person commits a second offense of involuntary manslaughter in the first degree it is a Class A felony, if it is the second time that the person is convicted for the offense by causing the death of a person while having a BAC of at least .18

SECTION 568.050

Under this act, a person who operates a vehicle in violation of the statutes concerning involuntary manslaughter, assault in the second degree, diving while intoxicated, and driving with excessive blood alcohol content, while a child who is less than 17 years old is present shall be guilty of endangering the welfare of a child in the second degree.

Such offense is a Class A misdemeanor unless committed as part of a ritual or ceremony, in which case, it is a Class D felony.

SECTION 577.001 - This act defines the term "court" in Chapter 577, RSMo, relating to Public Safety Offenses, to include any circuit court or municipal court, but not any juvenile or drug court.

SECTION 577.023

This act clarifies that the penalty enhancement provisions in Section 577.023 relating to prior, persistent, aggravated, and chronic offenders should be applied consistently whether in municipal, county, and state courts. Specifically, this act specifies that when an individual is charged under a municipal ordinance the individual is not entitled to suspended imposition of sentence if he/she meets the definition and classification as a prior, persistent, aggravated, or chronic offender under Section 577.023.1.

This act creates two new types of offenders ("aggravated offenders" and "chronic offenders") for the purposes of applying the enhanced penalties and prison requirements of Section 577.023.

The act modifies the definition of a "persistent offender." Under the provisions of the act, a "persistent offender" is a person convicted of two or more intoxication-related traffic offenses. Under the current law, the prior offenses must have occurred within 10 years of the offense for which the person is being charged.

The act defines an "aggravated offender" as a person who has pleaded to or been found guilty of:

(1) Three or more intoxication-related traffic offenses or

(2) One intoxicated-related traffic offense and certain enumerated crimes (involuntary manslaughter, murder in the second degree assault in the second degree, or assault of a law enforcement officer).

This act defines a "chronic offender" as a person who has pleaded guilty to or has been found guilty of:

(1) Four or more intoxication-related traffic offenses;

(2) On two or more of separate occasions certain enumerated crimes (e.g. involuntary manslaughter or assault in the second degree); or

(3) Two or intoxicated-related traffic offenses plus has been found guilty of certain enumerated crimes (e.g. involuntary manslaughter, murder in the second degree or assault in the second degree).

Any person who is found guilty of a DWI or driving with an excessive blood alcohol content (BAC) and is proved to be an aggravated offender shall be guilty of a class C felony. Aggravated offenders shall not be eligible for parole or probation until they serve a minimum of 60 days imprisonment.

Any person who is found guilty of a DWI or driving with an excessive blood alcohol content (BAC) and is proved to be a chronic offender shall be guilty of a Class B felony. Chronic offenders shall not be eligible for parole or probation until they serve a minimum of two years imprisonment.

SECTION 577.500 - This act removes the requirement that the judge be an attorney in certain traffic-related cases.

Certain provisions of this act are similar to SS/SCS/HCS/HB 972 (2005).

SUSAN HENDERSON