To repeal section 302.321, RSMo Supp. 1996, relating to driving a motor vehicle without a license, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 302.321, RSMo Supp. 1996, is repealed and one new section enacted in lieu thereof to be known as section 302.321, to read as follows:

     302.321. 1. A person commits the crime of driving while revoked if he operates a motor vehicle on a highway when his license or driving privilege has been canceled, suspended or revoked under the laws of this state and acts with criminal negligence with respect to knowledge of the fact that his driving privilege has been canceled, suspended or revoked.

     2. Driving while revoked is a class A misdemeanor. No court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment[, nor shall such person be eligible for parole or probation until he has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service]. Any person committing the crime of driving while revoked shall serve a minimum jail term of sixty days.