Missouri Senate

Senate Committee Substitute

• The person has a blood alcohol level that is at least one and a half times the legal limit; or

• A fatality occurs when the person's vehicle leaves a public thoroughfare or its right of way.

Currently, involuntary manslaughter in the first degree is a Class C felony.

Currently, Section 311.110, RSMo, states that any person except a parent or guardian who shall procure for, sell, or give away, or otherwise supply 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. Any person who violates this provision is guilty of a Class B misdemeanor.

This act provides a defense to prosecution for licensed retailers, who sold to a minor, with a reasonable belief that the person was 21 because the minor presented a identification card containing a photography and purporting to establish that such individual was 21 years of age.

This act clarifies that the penalty enhancement provisions in Section 577.023 relating to prior/persistent offenders should be applied consistently whether in municipal, county, and state courts. Specifically, this act clarifies 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 prior or persistent offender under Section 577.023.1(2) and (3).

This act provides for a minor, upon a specific finding of probable cause, to receive a minor in possession (MIP) if he or she has a detectable blood alcohol content.

Currently, Section 311.325, RSMo, provides that any person under the age of 21, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor is guilty of a misdemeanor. This act provides that a minor is also guilty of a misdemeanor for a "minor in possession" if he or she has a detectable blood alcohol content.

Under the current law, a person applying for a limited driving privilege is barred from receiving a limited driving privilege if he or she has previously been granted the privilege within the immediate preceding five years. Under this act, this restriction is removed.

This act creates the crime of aggravated vehicular manslaughter. A person commits this crime if he or she while in an intoxicated condition, operates a motor vehicle in this state, and when so operating with criminal negligence:

(1) Causes the death of any person not a passenger in the vehicle operated by the defendant, or

(2) Causes the death of two or more persons, or

(3) Causes the death of any person while the defendant's blood alcohol is greater than or equal to .20 percent of alcohol by weight in the defendant's blood.

Committing the crime of aggravated vehicular manslaughter is a Class B felony.

This act creates two new types of 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, aggravated vehicular manslaughter, 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, aggravated vehicular manslaughter, 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, aggravated vehicular manslaughter, 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.

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.

SUSAN HENDERSON