|SB 0132||Crimes committed while in intoxicated or drugged condition|
|Last Action:||01/18/95 - Hearing Conducted S Civil & Criminal Jurisprudence Committee|
|Effective Date:||August 28, 1995|
SB 132 - This act makes it an aggravating circumstance for sentencing purposes to commit a crime while intoxicated due to illegal drugs or alcohol. In a jury trial, the jury shall be instructed that a finding of intoxication does not relieve the state of its burden of proof for the underlying crime. Diminished capacity of the defendant shall not be a mitigating circumstance where the impairment results from voluntary intoxication.
Any person who commits a weapons offense under Chapter 571,
RSMo, shall also be guilty of armed vehicular assault if the
weapons offense is committed with, or through the use, assistance
or aid of a motor vehicle. A person convicted of armed vehicular
assault shall be guilty of a Class D felony. A person convicted
of a second offense shall be guilty of a Class C felony. A
person convicted of a third or subsequent offense shall be guilty
of a Class B felony. Such punishment shall be in addition to any
other punishment provided by law.