SB 93 Modifies various laws relating to intoxication
Sponsor: Green
LR Number: 0397L.04C Fiscal Note: 0397-04
Committee: Transportation
Last Action: 5/15/2009 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SCS SB 93 Calendar Position:
Effective Date: August 28, 2009
House Handler: Deeken

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Current Bill Summary

HCS/SCS/SB 93 - This act modifies various provisions relating to intoxication offenses.

DRUNK DRIVING RISK REDUCTION AWARENESS PROGRAM - Under this act, the Department of Transportation shall establish and administer a drunk driving risk reduction awareness program. This act shall be known as "David's Law." The signs shall be placed at or near the scene of the accident. Under the act, signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing.

The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen.

Any person may apply to the Department of Transportation to sponsor a drunk driving victim memorial sign in memory of an immediate family member who died as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle in violation of an alcohol-related traffic law at the time of the accident. Upon the request of an immediate family member of the deceased victim involved in a drunk driving accident, the department shall place a sign in accordance with the provisions of the act. A person who is not a member of the victim's immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of a victim's immediate family member. The department shall charge the sponsoring party a fee to cover the department's cost in designing, constructing, placing, and maintaining the sign. Signs erected under the act shall remain in place for a period of ten years. After such date, the signs may be renewed for another 10 years after payment of appropriate maintenance fees.

The signs developed by the department shall resemble a Missouri license plate and shall feature the words "Drunk Driving Victim!", the initials of the deceased victim, the month and year in which the victim of the drunk driving accident was killed, and the phrase "Who's Next?".

Under the act, all private roadside memorials or markers commemorating the death of a drunk driving victim are prohibited. No person, other than a Department of Transportation employee or the department's designee, may erect a drunk driving victim memorial sign (section 227.295).

CONTINUOUS ALCOHOL MONITORING - This act allows the court, as a condition of probation or parole, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence.

The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data.

In addition to other terms of probation or parole, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court. The court may require the offender to bear any costs associated with continuous alcohol monitoring or verifiable breath alcohol testing.

Under the act, a licensed physician, registered nurse, or trained medical technician, acting at the request and direction of the law enforcement officer, shall withdraw blood for the purpose of determining a person’s blood alcohol level, unless such person believes that such procedure endangers the life or health of the person in custody. Blood may be withdrawn only by such medical personnel but this restriction does not apply to the taking of a breath test, saliva specimen, or urine specimen. Withdrawing blood shall only be done with an unused and sterile needle and be done in strict accord with accepted medical practices. The person in custody whose blood is being taken may request full information regarding the test from the law enforcement officer (section 577.032).

ALCOHOL BEVERAGE VAPORIZER - 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. 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 (section 578.255).

This act also prohibits the inhalation, selling, or possession of certain solvents to induce intoxication (section 578.265). These provisions are contained in HCS/HB 62 (2009).