HB 1740 - Bernskoetter, Mike
Modifies provisions relating to driving while intoxicated
Bill Details
Sponsor
LR Number
5381S.06T
Title
SS SCS HB 1740
House Handler
Journal Page
N/A
Effective Date
August 28, 2026
Current Status
Delivered to Governor
Quick Links
Amendments
CURRENT BILL SUMMARY
SS/SCS/HB 1740 - This act modifies provisions relating to driving while intoxicated.
CERTIFIED IGNITION INTERLOCK REQUIREMENT (Section 302.304.17 to Section 302.574)
Any person who has had a license to operate a motor vehicle suspended or revoked as a result of an assessment of points for a conviction for an intoxication-related traffic offense, in which the person's blood alcohol content was found to be at least eight-hundredths of one percent but less than fifteen-hundredths of one percent by weight of alcohol in such person's blood and who had a prior alcohol related enforcement contact, or an assessment of points for a conviction for an intoxication-related traffic offense, in which the person's blood alcohol content was found to be fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, or in which the person caused any property damage or personal injury shall be required to file proof with the Director of Revenue that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement of the license.
A certified ignition interlock device provider shall adopt a discounted fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders with an income at or below one hundred and fifty percent of the federal poverty level. A person shall provide income verification and shall be responsible for ten percent of the cost of the ignition interlock device. Income verification shall include the person's previous year's federal income tax return, the previous three months of weekly or monthly income statements, or a court order declaring the person with an income at or below one hundred and fifty percent of the federal poverty level. Any additional costs accrued by the person for noncompliance with the program requirements are not subject to discounted rates and are the sole responsibility of the person.
A court may require that any person who is found guilty of a first intoxication-related traffic offense as defined in current law, in which the person's blood alcohol content was found to be fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, or in which the person caused any property damage or person injury, shall not operate any motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device.
Allowing restricted driving privileges to any person whose driving record shows a conviction of an intoxication-related traffic offense, in which the person's blood alcohol content was found to be fifteen-hundredths of one percent or more by weight of alcohol in such person blood, or in which the person caused any property damage or person injury shall be prohibited until the person has filed proof with the Department of Revenue that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device as a required condition of the restricted driving privilege.
This act is substantially similar to HB 1804 (2026) and HS/HCS/HBs 3068 & 3049, and similar to SCS/HCS/HB 87 (2025).
CHILD MAINTENANCE ORDERS FOR CERTAIN PERSONS CONVICTED OF DRIVING WHILE INTOXICATED (Section 454.1050)
This act establishes "Bentley and Mason's Law". Under this act, if a person is convicted of, pled guilty to, or entered a plea of nolo contendere to the offense of driving while intoxicated or driving with excessive blood alcohol content, such offense caused the death of a parent or guardian, and a surviving parent or guardian files a petition to receive child maintenance from the convicted person, such person shall pay, pursuant to a court order, child maintenance to the child of the deceased parent or guardian in an amount and duration as specified in the act.
If the person ordered to pay child maintenance is unable to make maintenance because such person is imprisoned or otherwise confined, then the person shall have up to one year after release from incarceration to begin payment, including any arrearage.
If the surviving parent or guardian brings a civil action and obtains a judgment on behalf of the child or children against the person prior to any child maintenance order under this section, no maintenance shall be ordered. If the surviving parent or guardian brings a civil action after maintenance is ordered, the maintenance order shall offset the judgement. No funds received from the Crime Victims' Compensation Fund shall result in a reduction of a child maintenance order under this act.
This act is substantially similar to provisions in HB 1910 (2026), the truly agreed to and finally passed SB 1135 (2026), SB 235 (2025), SCS/HCS/HB 87 (2025), and HB 1958 (2024) and similar to provisions in SB 143 (2025), SB 1375 (2024), a provision in SCS/HCS/HB 2700 (2024), HCS/SS#2/SB 862 (2024), and HB 1954 (2022).
THE OFFENSE OF DRIVING WHILE INTOXICATED (Section 577.010)
Currently, the offense of driving while intoxicated is a class E felony if the defendant is a persistent offender or while driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person. The offense is a class D felony if while driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel and a class C felony if while driving intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel, a class B felony if while driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel, the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway or the highway's right of way, the defendant acts with criminal negligence to cause the death of two or more persons, or the defendant acts with criminal negligence to cause the death of any person while he or she has a BAC of at least eighteen hundredths of one percent by weight of alcohol in such person's blood, and a class A felony if the defendant has previously been found guilty of an offense under the class B felony of driving while intoxicated and is found guilty of a subsequent violation of driving while intoxicated under current law.
Under this act, driving while intoxicated is a class E felony only if the defendant is a persistent offender, a class D felony if while driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person, a class C felony if while driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person, a class B felony if the defendant is a habitual offender or while driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person, and a class A felony if while driving while intoxicated, the defendant acts with criminal negligence to cause the death any person or causes the death of any person, or has been previously found guilty of an offense under the class B felony of driving while intoxicated.
A person found guilty of the offense of driving while intoxicated as an aggravated offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment and as a chronic or habitual offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment. An offender found guilty of an offense under the class B felony of driving while intoxicated shall not be eligible for parole or probation until he or she has served a minimum of five years' imprisonment.
An offender found guilty of the class A felony of driving while intoxicated shall not be eligible for parole or probation until he or she has served a minimum of ten years' imprisonment.
This act is identical to HS/HCS/HBs 3068 & 3049, similar to HCS/HB 87 (2025), and substantially similar to SB 1579 (2026) and HB 2768 (2024).
TAYLOR MIDDLETON