FIRST REGULAR SESSION
SENATE BILL NO. 487
93RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ENGLER.
Read 1st time March 1, 2005, and ordered printed.
TERRY L. SPIELER, Secretary.
0544S.01I
AN ACT
To repeal sections 302.302 and 577.070, RSMo, and to enact in lieu thereof two new sections relating to littering, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 302.302 and 577.070, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 302.302 and 577.070, to read as follows:
302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:
(1) Any moving violation of a state law or county
or municipal or federal traffic ordinance or regulation not
listed in this section, other than a violation of vehicle
equipment provisions or a court-ordered supervision as
provided in section 302.303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(except any violation of municipal stop sign ordinance
where no accident is involved. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 1 point)
(2) Speeding
In violation of a state law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points
In violation of a county or municipal ordinance. . . . . . . . . . . . . . . . . . . . . 2 points
(3) Leaving the scene of an accident in
violation of section 577.060, RSMo . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points
In violation of any county or municipal ordinance. . . . . . . . . . . . . . . . . . . 6 points
(4) Careless and imprudent driving in
violation of subsection 4 of section 304.016, RSMo . . . . . . . . . . . . . . . . . . 4 points
In violation of a county or municipal ordinance . . . . . . . . . . . . . . . . . . . . 2 points
(5) Operating without a valid license in
violation of subdivision (1) or (2) of subsection 1 of
section 302.020:
(a) For the first conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(b) For the second conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(c) For the third conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
(6) Operating with a suspended or
revoked license prior to restoration of operating
privileges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(7) Obtaining a license by
misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(8) For the first conviction of driving
while in an intoxicated condition or under the
influence of controlled substances or drugs . . . . . . . . . . . . . . . . . . . . . . . 8 points
(9) For the second or subsequent conviction
of any of the following offenses however combined:
driving while in an intoxicated condition, driving under
the influence of controlled substances or drugs or driving
with a blood alcohol content of eight-hundredths
of one percent or more by weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(10) For the first conviction for driving with
blood alcohol content eight-hundredths of one percent or
more by weight
In violation of state law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 points
In violation of a county or municipal ordinance or
federal law or regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 points
(11) Any felony involving the use
of a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(12) Knowingly permitting unlicensed
operator to operate a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 points
(13) For a conviction for failure to maintain
financial responsibility pursuant to county or municipal
ordinance or pursuant to section 303.025, RSMo. . . . . . . . . . . . . . . . . . . . 4 points
(14) Littering while operating a motor
vehicle in violation of section 577.070, RSMo. . . . . . . . . . . . . . 2 points
2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.
3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.
4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.
5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700 or a violation committed by an individual who has been issued a commercial driver's license or is required to obtain a commercial driver's license in this state or any other state, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.
577.070. 1. A person commits the crime of littering if he throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-of-way of any public road or state highway or on or in any of the waters in this state or on the banks of any stream, or on any land or water owned, operated or leased by the state, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the federal government or on any private real property owned by another without his consent.
2. Littering is a class A misdemeanor. The court shall also order the offender to pick up and remove litter along any public highway or road under the supervision of the court on an organization selected by the court as follows:
(1) For the first offense, the offender shall spend four hours of either picking up litter or performing other community service commensurate with the offense;
(2) For any subsequent offense, the offender shall spend eight hours of either picking up litter or performing other community service commensurate with the offense.
3. If a violation of this section involves the operation of a motor vehicle, upon a finding of guilt, the court shall forward a record of the finding to the department of revenue, which shall assess two points on the violator's driver's license under section 302.302, RSMo.
[302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:
(1) Any moving violation of a state
law or county or municipal or federal traffic
ordinance or regulation not listed in this section,
other than a violation of vehicle equipment
provisions or a court-ordered supervision as
provided in section 302.303 . . . . . . . . . . . . . . . . . . . . . 2 points (except any violation of municipal stop sign ordinance
where no accident is involved . . . . . . . . . . . . . . . . . . . . 1 point)
(2) Speeding
In violation of a state law . . . . . . . . . . . . . . . . . . . . . . . 3 points
In violation of a county or municipal ordinance . . . . . . . . 2 points
(3) Leaving the scene of an accident in
violation of section 577.060, RSMo . . . . . . . . . . . . . . . . 12 points
In violation of any county or municipal ordinance. . . . . 6 points
(4) Careless and imprudent driving
in violation of subsection 4 of section 304.016,
RSMo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
In violation of a county or municipal ordinance . . . . . . . . 2 points
(5) Operating without a valid
license in violation of subdivision
(1) or (2) of subsection 1 of section 302.020:
(a) For the first conviction . . . . . . . . . . . . . . . . . 2 points
(b) For the second conviction . . . . . . . . . . . . . . 4 points
(c) For the third conviction . . . . . . . . . . . . . . . . 6 points
(6) Operating with a suspended or
revoked license prior to restoration
of operating privileges . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(7) Obtaining a license by
misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points
(8) For the first conviction of driving
while in an intoxicated condition or
under the influence of controlled
substances or drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 points
(9) For the second or subsequent
conviction of any of the following
offenses however combined:
driving while in an intoxicated condition,
driving under the influence of controlled
substances or drugs or driving with a
blood alcohol content of eight-hundredths
of one percent or more by weight . . . . . . . . . . . . . . . . .12 points
(10) For the first conviction for
driving with blood alcohol content
eight-hundredths of one percent
or more by weight
In violation of state law . . . . . . . . . . . . . . . . . . . . . . . 8 points
In violation of a county or municipal
ordinance or federal law or regulation . . . . . . . . . . . . . 8 points
(11) Any felony involving
the use of a motor vehicle . . . . . . . . . . . . . . . . . . . . . . 12 points
(12) Knowingly permitting
unlicensed operator to operate
a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(13) For a conviction for failure
to maintain financial responsibility
pursuant to county or municipal
ordinance or pursuant to section 303.025, RSMo . . . . . .4 points
2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.
3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.
4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.
5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.]