Missouri Senate

Perfected

SECTION 160.069 - SCHOOL POLICY ON ALCOHOL - This act provides that every school district shall develop a policy by June 30, 2006, detailing the consequences that will result for a student at school if the student is found to be in possession or drinking alcohol either on or off school property.

SECTION 160.782 - REQUIRES DRUG TESTING FOR CONTRACTOR AND EMPLOYEES WORKING AT OR NEAR A SCHOOL - This act requires that any person, who provides construction services under contract within 2,000 feet of a school, college, or university must submit to a chemical drug test. This section does not apply to a person who has submitted to a chemical drug test for an employer within 6 months of the beginning of construction and the results came back negative. This act establishes testing procedures and a verification process of the results.

SECTION 302.178 - DELAY IN RECEIVING LICENSE FOR MIP - This act prohibits a person, who receives a "minor in possession" while under the age of sixteen, from receiving his or her intermediate driver’s license at the age of sixteen. Instead, the person must wait until age eighteen before being able to get a license. He or she must still meet all of the requirements currently set out in this section. The court will forward the order to the Department of Revenue.

SECTION 311.110 - OPEN HOUSE PARTIES - ALLOWING MINORS TO DRINK -Currently, this section states that any person, except a parent or guardian, who procures for, sells, or 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 or recklessly allowing a minor to drink or knowingly or recklessly 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 while a person who recklessly violations these new provisions is guilty of a Class B misdemeanor.

The provisions of this section are similar to SB 322 (2005) & certain provisions in HCS/SS/SCS/SBs 37 et al. (2005) & SS/HCS/HB 972 (2005).

SECTION 311.325 - MINOR IN POSSESSION BY CONSUMPTION - Currently, this section 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.

In addition to the current provisions, this act provides that a minor is guilty of a misdemeanor for a "minor in possession" if he or she is found to be visibly intoxicated or has a blood alcohol content of more than .02. Under this act, a minor can receive a "minor in possession" for purchasing, attempting to purchase, or possessing a controlled substance not otherwise authorized. Also, a minor can receive a MIP for being in a visibly intoxicated condition as a result of using a controlled substance.

Under this act, if an arresting officer requests that a person under arrest submit to a chemical test for blood alcohol, such request must include the reasons for asking for the test. Also, the officer must inform the person that he or she may refuse such request but that such refusal may be used as evidence against him or her. If a person refuses, no test shall be administered. If a person refuses to submit to a chemical test under this section, such refusal may be admissible as evidence.

SECTION 311.722 - GUIDELINES FOR USE OF MINORS IN INVESTIGATIONS - This act prohibits the Supervisor of Alcohol and Tobacco Control from using minors to enforce the liquor laws unless he or she promulgates rules and regulations that establish standards for the use of minors. The permissive guidelines for the use of minors in investigations by a law enforcement agency must provide that the minor be eighteen or nineteen years of age.

SECTION 570.223 - MAKING AND SELLING FAKE IDS - Currently, a person who obtains the identity of another in order to obtain alcohol is not in violation of this section. This act does not change this provision. However, this act provides that any person who obtains, transfers, or uses any means of identification for the purpose of manufacturing and providing or selling a false identification card to a minor for the purpose of purchasing or obtaining alcohol is guilty of a Class A misdemeanor.

SECTION 577.500 - SUSPENSION OF A DRIVER'S LICENSE FOR AN MIP -Currently, this section requires a court to enter an order suspending or revoking the driving privileges of a person under the age of 21 for second offense involving the possession or use of alcohol.

This act would modify the section so that the court must enter an order suspending or revoking the driving privileges of a person under the age of 21 for any offense involving the possession or use of alcohol, not just a second offense. The period of suspension for a first offense is 90 days. For any second or subsequent offense, the period of revocation is one year.

Under this act, the court must enter an order suspending the driving privileges of a person between the ages of sixteen and twenty-one for any alcohol related traffic offense or any offense involving the possession or use of alcohol committed while operating a motor vehicle for a period of two years for the first offense. For any second or subsequent offense, such person?s driving privileges will be revoked for four years.

SUSAN HENDERSON