SB 893 Requires certain offenders to undergo criminal history checks in order to have their driver's licenses reinstated or have limited driving privileges granted
Sponsor: Kraus
LR Number: 6092S.01P Fiscal Note available
Committee: Transportation
Last Action: 5/18/2012 - Requests to Recede or Grant Conference Calendar--SB 893-Kraus, with HA 1 (Senate requests House recede or grant conference) Journal Page:
Title: Calendar Position: 5
Effective Date: August 28, 2012
House Handler: Richardson

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Current Bill Summary


SB 893 - This act requires certain offenders to undergo criminal history checks in order to have their driver's licenses reinstated or have limited driving privileges granted.

This act provides a definition for the term "criminal history check" for the drivers' license chapter (Section 302.010)

Under current law, the Department of Revenue is prohibited from issuing a driver's license to anyone who has more than 2 driving while intoxicated convictions. However, a person may petition the court after 10 years from the date of the last conviction to have a new license issued. If, after reviewing the person's record, it is found that the petitioner has not been convicted of alcohol-related offenses during the preceding 10 years, then the court may order the director to issue the petitioner a driver's license. This act requires the court to review the results of a criminal history check prior to making that determination (Section 302.060).

Under current law, the Department of Revenue is prohibited from issuing a driver's license to anyone convicted twice within a 5 year period of violating any driving while intoxicated law or any other intoxication-related traffic offense or to a person who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. Under the terms of this act, after the expiration of 5 years from the date of the last conviction, a person may petition the court to have a new license issued. The court must review the petitioner's record, including the results of a criminal background check, to determine whether the petitioner has not be convicted of and has no pending charges for alcohol-related offenses. If satisfied, the court may order the director to issue the petitioner a driver's license (Section 302.060).

Persons who petition the court for a reinstatement of his or her driver's license under this act must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check.

The act makes similar provisions for those who apply for limited driving privileges (hardship license). Under the terms of the act, the court or the director must review the results of a criminal history check prior to granting any limited driving privilege to any person denied a license for a period of 10 years or any person that cannot obtain a license for a period of 5 years. If the court or director finds that the person applying for the limited driving privileges has been convicted or has pending charges for offenses related to alcohol, controlled substances, or drugs, during the preceding 3 years (for 10 year denial petitioners) or preceding 2 years (for 5 year denial petitioners), then the limited driving privilege shall be denied. The person who petitions the court for a limited driving privilege must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check (Section 302.309).

STEPHEN WITTE