SS/SCS/HCS/HBs 1695, 1742 & 1674 - This act relates to intoxication-related traffic offenses.SECTION 302.309
A DWI court may grant a limited driving privilege to individuals who would otherwise be ineligible for such privilege. The DWI docket or court shall not grant a limited driving privilege to a participant during his or her initial forty-five days of participation.
SECTION 302.750
Currently, if a person who holds a commercial driver's license refuses to submit to a chemical test, then none shall be given. Under this act, the provision stating that no test shall be given under such circumstances is removed.
SECTIONS 478.001, 478.003, 478.007, & 478.009
This act specifies that any circuit court, or the county municipal court of Jackson County, may establish a docket or court to dispose of cases where a person has pleaded guilty to driving while intoxicated or driving with excessive blood alcohol content. A person is eligible for this docket or court if he or she operated a motor vehicle with at least .15 blood alcohol content, has had a previous conviction for an intoxication-related traffic offense, or has two or more previous alcohol-related enforcement contacts.
The court may assess any and all necessary costs for participation in DWI court against the participant. Any money received from such assessed costs by the court shall not be considered court costs, charges, or fines.
DWI courts may operate in conjunction with drug courts and drug court commissioners may preside over DWI courts.
SECTION 479.170
Any offense involving the operation of a vehicle in an intoxicated condition shall not be cognizable in municipal court, if the defendant has been convicted of two or more previous intoxicated-related traffic offenses or has had two or more previous alcohol-related enforcement contacts.
SECTION 542.276
The application or execution of a search warrant shall not be deemed invalid for the sole reason it relied upon electronic signatures of the officer or prosecutor seeking the warrant or the judge issuing the warrant.
SECTION 577.005
Each law enforcement agency shall adopt a policy requiring arrest information to be forwarded to the highway patrol central repository for intoxication-related traffic offenses and shall certify adoption of such policy when applying for grants administered by the department of public safety (DPS). Each county prosecuting attorney and municipal prosecutor shall adopt a policy requiring charge information for intoxication-related traffic offenses to be forwarded to such central repository and to certify such policy with DPS.
Effective January 1, 2011, the highway patrol shall, based on the data submitted, maintain regular accountability reports of intoxication-related traffic offense arrests, charges, and dispositions.
SECTION 577.006
Municipal judges shall receive instruction on intoxication-related traffic offenses including a review of state laws on intoxication-related traffic offenses, including jurisdiction issues relating to such offenses, reporting requirements, and required assessment under the substance abuse traffic offender program (SATOP). Each municipal judge shall adopt a written policy requiring court personnel to report all dispositions for all charges for intoxication-related traffic offenses to the highway patrol central repository. Each municipal court must provide a copy of its policy to the office of state courts administrator (OSCA) and the highway patrol. OSCA may create a model policy.
Each municipal court shall prepare a report every six months to be submitted to the circuit court en banc regarding the number and disposition of intoxication-related traffic offenses.
SECTION 577.010 and 577.012
In a circuit where a DWI court or docket is created or other court-ordered treatment program is available, no person who operated a motor vehicle with .15 or more BAC shall be granted a suspended imposition of sentence (SIS) for driving while intoxicated or driving with an excessive BAC, unless such person successfully completes a DWI court or docket program or other court-ordered treatment program.
If a person is not granted a SIS for the reasons described above, for such first offense: 1) if the person operates a vehicle with a BAC of .15-.20, the required term of imprisonment shall be not less than 48 hours. If the individual operated the vehicle with a BAC of more than .20, the required term of imprisonment is not less than five days.
SECTION 577.023
The minimum jail time for a person who has a prior intoxication-related traffic offense is increased from five to ten days, unless the person participates in and successfully completes the existing community service option, or in a DWI court program or other court-ordered treatment program, if available. The minimum jail time for a person who is considered a persistent offender is increased from ten to thirty days, unless the person participates in and successfully completes the existing community service option, or in a DWI court program or other court-ordered treatment program, if available.
SECTION 577.039
This act removes the provision requiring a DWI arrest without a warrant to occur within 90 minutes after the alleged violation occurred.
SECTION 577.041
Currently, if a person refuses to submit to a chemical test when arrested or stopped for alleged driving while intoxicated, then none shall be given. Under this act, the provision stating that no test shall be given under such circumstances is removed.
SECTION 577.054
Currently, a person with one misdemeanor alcohol-related driving offense may have his or her record expunged after ten years. This section specifies that the person cannot have a subsequent alcohol-related driving offense on his or her record, regardless of whether it was in the ten-year period prior to the date of application, in order to be able to have his or her record expunged. The person cannot have another alcohol-related driving charge or enforcement action pending at the time of the hearing on the application.
SUSAN HENDERSON MOORE