SECOND REGULAR SESSION
SENATE BILL NO. 660
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATORS WESTFALL, CHILDERS, RUSSELL, SINGLETON, BENTLEY AND CAUTHORN.
Pre-filed December 1, 2001, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
To repeal section 577.017, RSMo, relating to alcohol-related traffic offenses, and to enact in lieu thereof one new section relating to the same subject.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 577.017, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 577.017, to read as follows:
577.017. 1. No person, including the driver of the motor vehicle shall consume [any] an alcoholic beverage [while operating a moving motor vehicle upon the highways, as defined in section 301.010, RSMo] or possess an open alcoholic beverage container in any motor vehicle located on a highway or the right-of-way of a highway.
2. Any person found guilty of violating the provisions of this section is guilty of an infraction.
3. Any infraction under this section shall not reflect on any records with the department of revenue.
4. The provisions of this section shall not apply to passengers who are occupying a chartered tour bus or a recreational motor vehicle, or to possession of an open alcoholic beverage container behind the last upright seat of a motor vehicle that is not equipped with a trunk.
5. "Alcoholic beverage" as used in this section includes all distilled spirits, regardless of the percentage of alcohol by volume the beverage contains. The term alcoholic beverage includes beer and wine if they contain one-half of one percent or more of alcohol by volume. The term alcoholic beverage shall include "intoxicating liquor" as defined in section 311.020, RSMo, and "nonintoxicating beer" as defined in section 312.010, RSMo.
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