SCS/HS/HCS/HB 738 - This act amends the Zero Tolerance Law (SB 722 - 1996) so that a person under age twenty-one who is stopped for a zero tolerance violation grants prior consent to undergo a breathalyzer test. Failure to consent will result in a one year suspension of such person's license. Under current law, such person may refuse to take the test without getting his license revoked.

A person is deemed to have given prior consent to a breathalyzer test conducted by a law enforcement officer when an officer who stops an individual under the age of twenty-one has reasonable grounds to believe, after making such stop, that such person has a BAC of 0.02% or greater.

Under current law, prior consent is only given if an officer arrests a person because such person appears to be in an intoxicated or drugged condition.

IMPAIRED DRIVERS: The Director of Revenue may establish good cause to find a driver incompetent if: 1) the Director has reasonable grounds to believe that the driver is suffering from a physical or mental ailment which would interfere with his ability to drive; or 2) if a law enforcement officer or any other person reports to the Director that such officer or person believes the driver is not competent to drive. The Department of Revenue shall keep records of reports and actions taken against such drivers.

Any person who intentionally files a false report commits a Class A misdemeanor. This provision is similar to SB 510 from 1996.

INSURANCE: A person is required to provide evidence of insurance when registering an automobile. A person who operates a vehicle without insurance or who fails to provide proof of insurance upon the demand of a law enforcement officer commits a Class C misdemeanor.

A person whose license is suspended for not maintaining insurance shall pay a $20 fee to have his license reinstated.

The insurance provisions shall take effect on January 1, 1998.

POINTS VIOLATIONS: The crime of careless and imprudent driving with aggravating circumstances in violation of Section 304.012, RSMo 1996, is a six-point violation. "Aggravating circumstances" are defined as those in which any person other than the driver suffers serious physical injury as a result of the violation.

The term "intoxication-related traffic offense" is broadened to include assaults or manslaughter committed while operating a motor vehicle. Such offenses are also added to the definition of "persistent offender."

REVISED CRIME: A person commits the crime of vehicular manslaughter if, while intoxicated, such person is driving while intoxicated and acts with criminal negligence to cause the death of another. This crime is a Class B felony. Under current law it is a Class C felony.

ARREST RECORDS: Any arrest record shall be expunged 10 years after such arrest if no criminal charges have been filed and the person arrested submits a written request to the court. The court and any law enforcement agency shall expunge an arrest record 15 years after the date of arrest if no charges have been filed.

All records relating to a first time administrative revocation of a driver's license shall be expunged after 180 days if the driver received a suspended imposition of sentence.

A driver under age 21 whose license is suspended a first time for driving with a blood alcohol content of 0.10% or greater shall have such records expunged after 5 years.

This act includes an emergency clause for certain sections.
JAMES KLAHR

SA #1: (Scott) Returns penalty for involuntary manslaughter with a vehicle to current law (Class C felony);

SA #2: (Caskey) Requires that person who wants arrest records expunged not be charged based on the arrest or convicted of any other felony during the 15 year period after the arrest;

SA #3: (Goode) Reporting requirements for towing;

SA #4: (Jacob) A court shall, upon the victim's motion, determine the amount an offender owes in restitution. The court or the Board of Probation and Parole may require an offender to pay restitution as a condition of probation or parole;

SA #5: (Singleton) Reassigns two Public Defenders to offices in the 40th Judicial Circuit (McDonald and Newton Counties);

SA #7: (Quick) A person who submits to a chemical test shall sign a form stating that such test was conducted;

SA #9: (McKenna) Repeals rulemaking authority granted and requires any new rules be promulgated in accordance with Chapter 536, RSMo, as amended. Chapter 536, RSMo, is amended to allow the General Assembly to disapprove rules by concurrent resolution;