HCS HB 178, 422 & 905 -- INTOXICATION-RELATED TRAFFIC OFFENSES

SPONSOR:  Kissell

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 16 to 0.

This substitute makes a number of changes to the statutes
addressing intoxication-related traffic offenses.  The
substitute:

(1)  Requires chemical testing to determine a person's blood
alcohol or drug content when the person was operating a motor
vehicle and involved in an accident that resulted in a readily
apparent serious physical injury or death (Section 577.020);

(2)  Authorizes the test to be administered by law enforcement
officers at the scene of the accident or by licensed medical
personnel(Section 577.020);

(3)  Creates the offense of "recklessly contributing to an
accident" when a person is operating a motor vehicle with blood
alcohol of more than .08 of one percent and is involved in a
serious accident;

(4)  Sets the penalties for recklessly contributing to an
accident for the first offense at the suspension of the person's
license for 180 days, with reinstatement after that time when
the person files proof of financial responsibility and completes
an alcohol-related traffic offender program, and for the second
offense, revocation for one year;

(5)  Requires any person convicted of a first offense of driving
while intoxicated or with excessive blood alcohol content to
serve at least 48 consecutive hours of imprisonment, and
prohibits a suspended imposition of sentence (Sec. 577.010);

(6)  Changes the elements of "driving with excessive blood
alcohol content" to include any person who operates a motor
vehicle with .15 of one percent or more and to include a person
who operates a motor vehicle with .10 of one percent or more
subsequent to a prior intoxication-related traffic offense
(Section 577.012);

(7)  Sets the penalties for driving with excessive blood alcohol
content as a Class A misdemeanor, a violation assessed at 12
points (Section 577.012 and Section 302.302);  and

(8)  Requires a person convicted as a prior alcohol related
driving offender to serve at least 10 consecutive days of
imprisonment, and requires a persistent alcohol related driving
offender to serve at least 30 consecutive days of imprisonment,
an increase from the current requirement that prior and
persistent offenders serve at least 48 consecutive hours unless
the offender performs at least 10 days of community service
(Section 577.023).

FISCAL NOTE:  Net Cost to General Revenue Fund is expected to
exceed $200,000 in FY 2000, FY 2001, and FY 2002.  Estimated Net
Increase to Highway Fund of $407,147 in FY 2000, $1,387,498 in
FY 2001, and $1,325,906 in FY 2002.

PROPONENTS:  Supporters of HB 178 say that the change in law
will benefit the public by enhancing DWI charges and potentially
reducing the number of alcohol-related traffic accidents in the
state.

Supporters of HB 422 say that the mandatory jail time would send
a strong message of no tolerance for drunk driving and have a
positive change on behavior patterns that contribute to drunk
driving.

Testifying for HB 178 were Representative Rizzo; and Kansas City
Police Department.  Testifying for HB 422 were Representative
Schilling; and Missouri State Highway Patrol.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 178 -- Alcohol or Drug Testing

Co-Sponsors:  Rizzo, Lakin

This bill requires chemical testing to determine a person's
blood alcohol or drug content when the person was operating a
motor vehicle and involved in an accident that resulted in a
fatality or threatened the loss of a person's life or limb.  The
bill authorizes the test to be administered by law enforcement
officers at the scene of the accident or by licensed medical
personnel.

In addition, the bill creates the offense of recklessly
contributing to an accident when a person is operating a motor
vehicle with a blood alcohol content of more than .02 of one
percent and is involved in a serious accident.  First offenses
require the person's license to be suspended for 30 days,
followed by a 60 day period of restricted driving.  After that
period, driving privileges are reinstated when the person files
proof of financial responsibility and completes an alcohol
related traffic offender program.  Second offenses require
revocation for a year.