Missouri Senate

Perfected

SECTION 211.031

This section lowers the age limit for juvenile court jurisdiction for state or local traffic violations from 15 l/2 to 15 years of age.

This section is identical to HB 1421 (2010).

SECTION 217.785 Any nonviolent offender, who commits a driving while intoxicated or driving with excessive blood alcohol content offense, may be required to participate in the institutional phase of the Missouri Postconviction Drug and Alcohol Treatment Program. When the participating offender is released, he or she shall be required to complete a department-approved community supervised program, or if such program is not available, continuous alcohol monitoring for a period of not less than 90 days. Failure to complete the program or alcohol monitoring may be cause for the offender to be remanded to the sentencing court for assignment to the institutional phase of the program or another disposition. Currently, failure to complete the noninstitutional phase of the program requires remand to the sentencing court for such action.

SECTION 302.302

This section fixes an intersectional reference.

SECTION 302.321

This section makes driving while revoked an infraction rather than a class A misdemeanor.

SECTION 302.536

This section repeals the provisions requiring the Department of Revenue to pay court costs and attorney fees incurred by the person if a judge, on appeal, reverses the department's ruling to suspend or revoke such person's license.

SECTION 302.750

Currently, if a person who holds a commercial driver's license refuses to submit to a chemical test, then none shall be given. Under this act, the provision stating that no test shall be given under such circumstances is removed.

SECTIONS 478.001, 478.003, 478.007 & 478.009

These sections specify that any circuit court may establish a docket or court to dispose of cases where a person has pleaded guilty to driving while intoxicated or driving with excessive blood alcohol content. A person is eligible for this docket or court if he or she operated a motor vehicle with at least .15 blood alcohol content, or has had a previous conviction for an intoxication-related traffic offense.

The existing Drug Courts Coordinating Commission and the Drug Court Resources Fund are expanded to include DWI courts. DWI courts may operate in conjunction with drug courts and drug court commissioners may preside over DWI courts.

SECTIONS 479.010

This section refers to a provision in Section 577.023 that was removed in the perfected version of the act.

SECTION 479.020

The instruction course prescribed by the supreme court for municipal judges shall include a review of state laws on intoxication-related traffic offenses, including jurisdiction issues relating to such offenses, reporting requirements, and required assessment under the substance abuse traffic offender program (SATOP). Each municipal judge shall adopt a written policy requiring court personnel to report all dispositions for all charges for intoxication-related traffic offenses to the highway patrol central repository. Court clerks must retain records pertaining to such offenses for not less than 50 years.

SECTION 479.170

This section shall be known as "Cary's Law".

The following offenses are not cognizable in municipal court: 1) any offense involving the operation of a motor vehicle in an intoxicated condition, if the defendant committed two or more previous intoxication-related traffic offenses or has had two or more previous alcohol-related contacts; or 2) any offense involving operating a motor vehicle in an intoxicated condition if the defendant has committed a previous intoxication-related traffic offense and the pending offense resulted in physical injury requiring medical attention to a person other than the driver.

The municipal prosecutor shall certify to the municipal judge that a review of the defendant's driving record was conducted prior to exercising jurisdiction for intoxication-related traffic offenses. The review shall include a search of the Missouri uniform law enforcement system (MULES), the driving while intoxicated tracking system (DWITS), and the driving record kept by the Department of Revenue.

The instruction course for municipal judges shall include a review of state laws on intoxication-related traffic offenses, including jurisdiction issues relating to such offenses, reporting requirements, and required assessment under the substance abuse traffic offender program (SATOP). Each municipal judge shall adopt a written policy requiring court personnel to report all dispositions for all charges for intoxication-related traffic offenses to the highway patrol central repository. Each municipal court must provide a copy of its policy to the office of state courts administrator (OSCA) and the highway patrol. OSCA may create a model policy.

Each municipal court shall prepare a report every six months to be submitted to the circuit court en banc regarding the number and disposition of intoxication-related traffic offenses.

SECTION 542.286

This section specifies that a warrant to collect a sample of a person's blood, breath, saliva, or urine, may be executed in any part of the state where the person is found subsequent to the filing of the application if the person moves or is taken out of the territorial jurisdiction of the judge issuing the warrant.

SECTION 558.400

An offender committed to the Department of Corrections, except those who have committed a dangerous felony or any felony under Chapter 565 or who are considered dangerous felons or persistent sexual offenders, shall receive credit in terms of days spent in confinement when the offender successfully completes an institutional program within the Department of Corrections for substance and alcohol abuse. For each day of participation in the completed program, such offender shall receive one day of additional credit for time served. The program must require the offender to live in an area designated for treatment in the facility during the time in which the offender is in treatment. Any credit received by an offender shall only apply to the sentence which the offender is currently serving. Participation in such programs shall be at the discretion of the Department of Corrections.

This section is similar to SB 879 (2010).

SECTION 577.005

Each law enforcement agency shall adopt a policy requiring arrest information to be forwarded to the Highway Patrol central repository for intoxication-related traffic offenses and shall certify adoption of such policy when applying for grants administered by the Department of Public Safety (DPS). Each county prosecuting attorney and municipal prosecutor shall adopt a policy requiring charge information for intoxication-related traffic offenses be forwarded to such central repository and to certify such policy with DPS.

Effective January 1, 2011, the highway patrol shall maintain regular accountability reports of alcohol-related arrests, charges, and dispositions.

SECTIONS 577.010 & 577.012

These sections make driving while intoxicated or driving with excessive BAC a class A misdemeanor, rather than a class B misdemeanor, when there is a passenger under the age of 16 in the vehicle.

SECTION 577.020

Due to imminent destruction of evidence that may occur if a blood sample is not drawn in a timely manner, a sample may be extracted without a warrant and without consent from a person suspected of operating a vehicle while intoxicated if such person has refused to submit to a chemical test. Any law enforcement officer taking a blood sample shall file a probable cause affidavit setting forth the basis for the blood draw with the associate circuit court within 72 hours of arrest. Such affidavit must be executed by the seizing officer stating the basis for the blood draw and showing probably cause for such blood draw. The judge shall review the affidavit ex parte and determine whether probable cause existed. The blood draw shall be tested and the results of the test on the sample are admissible in evidence pursuant to the exigent circumstances exception to the warrant requirement only after a judge has determined probable cause existed. No law enforcement officer who requests that a blood sample be drawn for the purpose of determining an individual's BAC shall be civilly liable for damages to the individual from which the blood was drawn, unless for gross negligence or wilful and wanton acts or omissions.

SECTION 577.021

This section refers to "any law enforcement officer licensed under Chapter 590" rather than "state, county or municipal law enforcement officers" administering chemical tests.

SECTION 577.023

The penalties for prior, persistent, aggravated, and chronic offenders are increased by one classification if there was a passenger under the age of sixteen in the vehicle when the offense occurred.

SECTION 577.029

This section allows phlebotomists to draw blood for testing to determine a person's BAC. Emergency medical technicians and paramedics shall only draw blood to determine a person's BAC at a hospital. Currently, the blood withdrawal must be "in strict accordance with accepted medical practices". This act repeals such provision. Also, full information about the test must be given. Currently, the information is provided on request of the person being tested.

SECTION 577.037

This section allows the amount of controlled substances in a person's blood to be admissible as evidence for the prosecution of certain offenses and license suspension or revocation proceedings.

SECTION 577.039

This section repeals the provisions stating an arrest without a warrant for a DWI violation is lawful when the officer has reasonable grounds to believe the person to be arrested has violated such provisions, whether the violation occurred in the presence of the arresting officer and when such arrest without a warrant is made within 1.5 hours after such claimed violation, unless the person has left the scene of an accident or is removed for medical treatment, in which case the arrest can be made more than 1.5 hours after the violation.

SECTION 577.041

Currently, if a person refuses to submit to a chemical test when arrested or stopped for alleged driving while intoxicated, then none shall be given. Under this act, the provision stating that no test shall be given under such circumstances is removed. Nothing in this section shall be construed as prohibiting an officer from obtaining a sample of blood or urine from such person without a warrant.

Currently, a person who refuses to submit to chemical testing for an intoxication-related offense shall have his or her license revoked for a period of one year. Under this act, the period of revocation is extended to two years, except when proof of financial responsibility is not filed, in which case the revocation shall be three years. Currently, if such person fails to maintain proof of financial responsibility his or her license can be rerevoked and such person is guilty of a class A misdemeanor. Under this act, the person will not be guilty of such crime.

SECTION 577.049

This section requires the court to establish a time limit for the person to successfully complete the SATOP requirements when ordered.

SECTION 577.054

Currently, a person with one misdemeanor alcohol-related driving offense may have his or her record expunged after ten years. This section specifies that the person cannot have a subsequent alcohol-related driving offense on his or her record, regardless of whether it was in the ten-year period prior to the date of application, in order to be able to have his or her record expunged. The person cannot have another alcohol-related driving charge or enforcement action pending at the time of the hearing on the application.

SUSAN HENDERSON MOORE