SB 747 Modifies various provisions relating to abuse of alcohol
Sponsor: Ridgeway Co-Sponsor(s)
LR Number: 3364S.06P Fiscal Note: 3364-06
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/9/2008 - Referred H Crime Prevention and Public Safety Committee Journal Page: H1432
Title: SS#2 SCS SBs 747 & 736 Calendar Position:
Effective Date: August 28, 2008

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SS#2/SCS/SBs 747 & 736 - This act modifies various provisions relating to abuse of alcohol.

SECTION 160.545

This act prohibits any person who receives three minor in possession violations from receiving educational cost reimbursement under the "A+ Schools Program".

SECTION 311.310

Under this act, any person, who is found guilty of or pleads guilty to knowingly providing alcohol to a minor or who knowingly allows a minor to drink on his or her property or knowingly fails to stop a minor from drinking, may be subject to a claim by the parent or legal guardian of such minor for resulting damages suffered by the minor; however, licensees under the liquor control laws are not subject to this act.

SECTIONS 311.325 & 577.021

Any peace officer, who has probable cause to believe that a person less than twenty-one years of age is intoxicated, may request that such person submit to a chemical test. Any person less than twenty-one years of age who refuses, upon the request of the peace officer, to submit to such test to determine his or her blood alcohol content shall be deemed "visibly intoxicated". A minor who is "visibly intoxicated" can be charged with a minor in possession offense.

As of August 28, 2008, the clerks of the courts shall forward a copy of the judgement and date of birth of any person who pleads guilty to or is found guilty of a minor in possession offense. The information shall be forwarded to the Highway Patrol within 20 days of the date of judgement. The Highway Patrol shall enter the information in the Missouri Uniform Laws Enforcement System where it is available to members of the criminal justice system. No record or information shall be made public in violation of the sunshine law.

SECTION 577.023

This act specifies that a conviction or a plea of guilty or a finding of guilty followed by a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in a municipal court shall be treated as a prior conviction.

SECTION 577.500

This act prohibits the suspension of driving privileges for certain violations committed by a minor from being included on such person's driving record. However, internal use of such information by the Department of Revenue for administrative purposes shall be allowed.

SECTION 578.255

This act prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a Class B misdemeanor.

This act does not apply to substances that are FDA-approved or administered by a medical practitioner.

These provisions shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer.

This act is similar to SCS/SBs 555 & 38 (2007).

SUSAN HENDERSON MOORE