Modifies provisions relating to driving while intoxicated

SECOND REGULAR SESSION
[CORRECTED]
[TRUL Y AGREED T O AND FINALL Y P ASSED]
SENA TE SUBSTITUTE FOR
SENA TE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1740
103RD GENERAL ASSEMBL Y
5381S.06T 2026
AN ACT
T o repeal sections 302.304, 302.440, 302.525, 302.574, and 577.010, RSMo, and to enact in
lieu thereof six new sections relating to driving while intoxicated, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.304, 302.440, 302.525, 302.574, and 577.010, RSMo, are
2 repealed and six new sections enacted in lieu thereof, to be known as sections 302.304,
3 302.440, 302.525, 302.574, 454.1050, and 577.010, to read as follows:
302.304. 1. The director shall notify by ordinary mail any operator of the point value
2 char ged against the operator's record when the record shows four or more points have been
3 accumulated in a twelve-month period.
4 2. In an action to suspend or revoke a license or driving privilege under this section
5 points shall be accumulated on the date of conviction. No case file of any conviction for a
6 driving violation for which points may be assessed pursuant to section 302.302 may be closed
7 until such time as a copy of the record of such conviction is forwarded to the department of
8 revenue.
9 3. The director shall suspend the license and driving privileges of any person whose
10 driving record shows the driver has accumulated eight points in eighteen months.
11 4. The license and driving privilege of any person whose license and driving privilege
12 have been suspended under the provisions of sections 302.010 to 302.540 except those
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
13 persons whose license and driving privilege have been suspended under the provisions of
14 subdivision (8) of subsection 1 of section 302.302 or has accumulated suf ficient points
15 together with a conviction under subdivision (10) of subsection 1 of section 302.302 and who
16 has filed proof of financial responsibility with the department of revenue, in accordance with
17 chapter 303, and is otherwise eligible, shall be reinstated as follows:
18 (1) In the case of an initial suspension, thirty days after the ef fective date of the
19 suspension;
20 (2) In the case of a second suspension, sixty days after the ef fective date of the
21 suspension;
22 (3) In the case of the third and subsequent suspensions, ninety days after the ef fective
23 date of the suspension.
24
25 Unless proof of financial responsibility is filed with the department of revenue, a suspension
26 shall continue in effect for two years from its effectiv e date.
27 5. The period of suspension of the driver's license and driving privilege of any person
28 under the provisions of subdivision (8) of subsection 1 of section 302.302 or who has
29 accumulated suf ficient points together with a conviction under subdivision (10) of subsection
30 1 of section 302.302 shall be thirty days, followed by a sixty-day period of restricted driving
31 privilege as defined in section 302.010. Upon completion of such period of restricted driving
32 privilege, upon compliance with other requirements of law and upon filing of proof of
33 financial responsibility with the department of revenue, in accordance with chapter 303, the
34 license and driving privilege shall be reinstated. If a person, otherwise subject to the
35 provisions of this subsection, files proof of installation with the department of revenue that
36 any vehicle operated by such person is equipped with a functioning, certified ignition
37 interlock device, there shall be no period of suspension. However , in lieu of a suspension the
38 person shall instead complete a ninety-day period of restricted driving privilege. If the person
39 fails to maintain such proof of the device with the director of revenue as required, the
40 restricted driving privilege shall be terminated. Upon completion of such ninety-day period
41 of restricted driving privilege, upon compliance with other requirements of law , and upon
42 filing of proof of financial responsibility with the department of revenue, in accordance with
43 chapter 303, the license and driving privilege shall be reinstated. However , if the monthly
44 monitoring reports during such ninety-day period indicate that the ignition interlock device
45 has registered a confirmed blood alcohol concentration level above the alcohol setpoint
46 established by the department of transportation or such reports indicate that the ignition
47 interlock device has been tampered with or circumvented, then the license and driving
48 privilege of such person shall not be reinstated until the person completes an additional thirty-
49 day period of restricted driving privilege.
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50 6. If the person fails to maintain proof of financial responsibility in accordance with
51 chapter 303, or , if applicable, if the person fails to maintain proof that any vehicle operated is
52 equipped with a functioning, certified ignition interlock device installed pursuant to
53 subsection 5 of this section, the person's driving privilege and license shall be resuspended.
54 7. The director shall revoke the license and driving privilege of any person when the
55 person's driving record shows such person has accumulated twelve points in twelve months or
56 eighteen points in twenty-four months or twenty-four points in thirty-six months. The
57 revocation period of any person whose license and driving privilege have been revoked under
58 the provisions of sections 302.010 to 302.540 and who has filed proof of financial
59 responsibility with the department of revenue in accordance with chapter 303 and is otherwise
60 eligible, shall be terminated by a notice from the director of revenue after one year from the
61 ef fective date of the revocation. Unless proof of financial responsibility is filed with the
62 department of revenue, except as provided in subsection 2 of section 302.541, the revocation
63 shall remain in ef fect for a period of two years from its ef fective date. If the person fails to
64 maintain proof of financial responsibility in accordance with chapter 303, the person's license
65 and driving privilege shall be rerevoked. Any person whose license and driving privilege
66 have been revoked under the provisions of sections 302.010 to 302.540 shall, upon receipt of
67 the notice of termination of the revocation from the director , pass the complete driver
68 examination and apply for a new license before again operating a motor vehicle upon the
69 highways of this state.
70 8. If, prior to conviction for an of fense that would require suspension or revocation of
71 a person's license under the provisions of this section, the person's total points accumulated
72 are reduced, pursuant to the provisions of section 302.306, below the number of points
73 required for suspension or revocation pursuant to the provisions of this section, then the
74 person's license shall not be suspended or revoked until the necessary points are again
75 obtained and accumulated.
76 9. If any person shall neglect or refuse to surrender the person's license, as provided
77 herein, the director shall direct the state highway patrol or any peace or police of ficer to
78 secure possession thereof and return it to the director .
79 10. Upon the issuance of a reinstatement or termination notice after a suspension or
80 revocation of any person's license and driving privilege under the provisions of sections
81 302.010 to 302.540, the accumulated point value shall be reduced to four points, except that
82 the points of any person serving as a member of the Armed Forces of the United States
83 outside the limits of the United States during a period of suspension or revocation shall be
84 reduced to zero upon the date of the reinstatement or termination of notice. It shall be the
85 responsibility of such member of the Armed Forces to submit copies of of ficial orders to the
86 director of revenue to substantiate such overseas service. Any other provision of sections
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87 302.010 to 302.540 to the contrary notwithstanding, the ef fective date of the four points
88 remaining on the record upon reinstatement or termination shall be the date of the
89 reinstatement or termination notice.
90 1 1. No credit toward reduction of points shall be given during periods of suspension
91 or revocation or any period of driving under a limited driving privilege granted by a court or
92 the director of revenue.
93 12. Any person or nonresident whose license or privilege to operate a motor vehicle
94 in this state has been suspended or revoked under this or any other law shall, before having
95 the license or privilege to operate a motor vehicle reinstated, pay to the director a
96 reinstatement fee of twenty dollars which shall be in addition to all other fees provided by
97 law .
98 13. Notwithstanding any other provision of law to the contrary , if after two years from
99 the effectiv e date of any suspension or revocation issued under this chapter , except any
100 suspension or revocation issued under section 302.410, 302.462, or 302.574, the person or
101 nonresident has not paid the reinstatement fee of twenty dollars, the director shall reinstate
102 such license or privilege to operate a motor vehicle in this state. Any person who has had his
103 or her license suspended or revoked under section 302.410, 302.462, or 302.574, shall be
104 required to pay the reinstatement fee.
105 14. No person who has had a license to operate a motor vehicle suspended or revoked
106 as a result of an assessment of points for a violation under subdivision (8), (9) or (10) of
107 subsection 1 of section 302.302 shall have that license reinstated until such person has
108 participated in and successfully completed a substance abuse traf fic of fender program defined
109 in section 302.010, or a program determined to be comparable by the department of mental
110 health. Assignment recommendations, based upon the needs assessment as described in
111 subdivision (24) of section 302.010, shall be delivered in writing to the person with written
112 notice that the person is entitled to have such assignment recommendations reviewed by the
113 court if the person objects to the recommendations. The person may file a motion in the
114 associate division of the circuit court of the county in which such assignment was given, on a
115 printed form provided by the state courts administrator , to have the court hear and determine
116 such motion pursuant to the provisions of chapter 517. The motion shall name the person or
117 entity making the needs assessment as the respondent and a copy of the motion shall be
118 served upon the respondent in any manner allowed by law . Upon hearing the motion, the
119 court may modify or waive any assignment recommendation that the court determines to be
120 unwarranted based upon a review of the needs assessment, the person's driving record, the
121 circumstances surrounding the of fense, and the likelihood of the person committing a like
122 of fense in the future, except that the court may modify but may not waive the assignment to
123 an education or rehabilitation program of a person determined to be a prior or persistent
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124 of fender as defined in section 577.001 or of a person determined to have operated a motor
125 vehicle with fifteen-hundredths of one percent or more by weight in such person's blood.
126 Compliance with the court determination of the motion shall satisfy the provisions of this
127 section for the purpose of reinstating such person's license to operate a motor vehicle. The
128 respondent's personal appearance at any hearing conducted pursuant to this subsection shall
129 not be necessary unless directed by the court.
130 15. The fees for the program authorized in subsection 14 of this section, or a portion
131 thereof to be determined by the department of mental health, shall be paid by the person
132 enrolled in the program. Any person who is enrolled in the program shall pay , in addition to
133 any fee char ged for the program, a supplemental fee in an amount to be determined by the
134 department of mental health for the purposes of funding the substance abuse traf fic offender
135 program defined in section 302.010 or a program determined to be comparable by the
136 department of mental health. The administrator of the program shall remit to the division of
137 alcohol and drug abuse of the department of mental health on or before the fifteenth day of
138 each month the supplemental fee for all persons enrolled in the program, less two percent for
139 administrative costs. Interest shall be char ged on any unpaid balance of the supplemental fees
140 due the division of alcohol and drug abuse pursuant to this section and shall accrue at a rate
141 not to exceed the annual rate established pursuant to the provisions of section 32.065, plus
142 three percentage points. The supplemental fees and any interest received by the department
143 of mental health pursuant to this section shall be deposited in the mental health earnings fund
144 which is created in section 630.053.
145 16. Any administrator who fails to remit to the division of alcohol and drug abuse of
146 the department of mental health the supplemental fees and interest for all persons enrolled in
147 the program pursuant to this section shall be subject to a penalty equal to the amount of
148 interest accrued on the supplemental fees due the division pursuant to this section. If the
149 supplemental fees, interest, and penalties are not remitted to the division of alcohol and drug
150 abuse of the department of mental health within six months of the due date, the attorney
151 general of the state of Missouri shall initiate appropriate action of the collection of said fees
152 and interest accrued. The court shall assess attorney fees and court costs against any
153 delinquent program.
154 17. Any person who has had a license to operate a motor vehicle suspended or
155 revoked as a result of :
156 (1) An assessment of points for a conviction for an intoxication-related traff ic
157 of fense , as defined under section 577.001, in which the person's blood alcohol content was
158 found to be at least eight-hundr edths of one percen t but less than fifteen-hundr edths of
159 one percen t by weight of alcohol in such person's blood and who has a prior alcohol-
160 related enforcement contact as defined under section 302.525[ , ] ; or
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161 (2) An assessment of points for a conviction for an intoxication-rel ated traffic
162 offense, as defined under section 577.001, in which the person's blood alcohol content
163 was found to be fifteen-hundr edths of one per cent or mor e by weight of alcohol in such
164 person's blood, or in which the person caused any pro perty damage or personal injury
165
166 shall be required to file proof with the director of revenue that any motor vehicle operated by
167 the person is equipped with a functioning, certified ignition interlock device as a required
168 condition of reinstatement of the license. The ignition interlock device shall further be
169 required to be maintained on all motor vehicles operated by the person for a period of not less
170 than six months immediately following the date of reinstatement. If the monthly monitoring
171 reports show that the ignition interlock device has registered any confirmed blood alcohol
172 concentration readings above the alcohol setpoint established by the department of
173 transportation or that the person has tampered with or circumvented the ignition interlock
174 device within the last three months of the six-month period of required installation of the
175 ignition interlock device, then the period for which the person must maintain the ignition
176 interlock device following the date of reinstatement shall be extended until the person has
177 completed three consecutive months with no violations as described in this section. If the
178 person fails to maintain such proof with the director , the license shall be resuspended or
179 revoked and the person shall be guilty of a class A misdemeanor .
180 18. A certified ignition interlock device pr ovider shall adopt a discounted fee
181 schedule that prov ides for the payment of the costs of the certified ignition interlock
182 device by offenders with an income at or below one hundr ed and fifty per cent of the
183 federal poverty level. A person with an income at or below one hundred and fifty
184 per cent of the federal poverty level who pro vides income verification shall be
185 r esponsible for ten per cent of the cost of the ignition interlock device. Any additional
186 costs accrued by the person for noncompliance with pr ogram req uirements are not
187 subject to discounted rates and are the sole res ponsibility of the person. The certified
188 ignition interlock provi der shall verify the offender's income to determine the cost of the
189 ignition interlock device by verifying fr om the offender the pr evious year's federal
190 income tax ret urn, the previ ous thr ee months of weekly or monthly income statements,
191 or a court order declaring the person with an income at or below one hundred and fifty
192 per cent of the federal poverty level.
302.440. In addition to any other provisions of law , a court may require that any
2 person who is found guilty of a first intoxication-related traf fic of fense, as defined in section
3 577.001, and a court shall require that any person who is found guilty of a second or
4 subsequent intoxication-related traf fic of fense, as defined in section 577.001, or any person
5 who is found guilty of an intoxication-r elated traffic offense, as defined under section
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6 577.001, in which the person's blood alcohol content was found to be fifteen-hundr edths
7 of one perce nt or mor e by weight of alcohol in such person's blood, or in which the
8 person caused any prop erty damage or personal injury shall not operate any motor
9 vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device
10 that the person must use for a period of not less than six months from the date of
11 reinstatement of the person's driver's license. In addition, any court authorized to grant a
12 limited driving privilege under section 302.309 to any person who is found guilty of a second
13 or subsequent intoxication-related traf fic of fense or to any person who is found guilty of an
14 intoxication-r elated traffic offense, as defined under section 577.001, in which the
15 person's blood alcohol content was found to be fifteen-hundr edths of one perc ent or
16 mor e by weight of alcohol in such person's blood, or in which the person caused any
17 pr operty damage or personal injury shall require the use of an ignition interlock device on
18 all vehicles operated by the person as a required condition of the limited driving privilege,
19 except as provided in section 302.441. These requirements shall be in addition to any other
20 provisions of this chapter or chapter 577 requiring installation and maintenance of an ignition
21 interlock device. Any person required to use an ignition interlock device shall comply with
22 such requirement subject to the penalties provided by section 577.599.
302.525. 1. The license suspension or revocation shall become ef fective fifteen days
2 after the subject person has received the notice of suspension or revocation as provided in
3 section 302.520, or is deemed to have received the notice of suspension or revocation by mail
4 as provided in section 302.515. If a request for a hearing is received by or postmarked to the
5 department within that fifteen-day period, the ef fective date of the suspension or revocation
6 shall be stayed until a final order is issued following the hearing; provided, that any delay in
7 the hearing which is caused or requested by the subject person or counsel representing that
8 person without good cause shown shall not result in a stay of the suspension or revocation
9 during the period of delay .
10 2. The period of license suspension or revocation under this section shall be as
11 follows:
12 (1) If the person's driving record shows no prior alcohol-related enforcement contacts
13 during the immediately preceding five years, the period of suspension shall be thirty days
14 after the ef fective date of suspension, followed by a sixty-day period of restricted driving
15 privilege as defined in section 302.010 and issued by the director of revenue. The restricted
16 driving privilege shall not be issued until he or she has filed proof of financial responsibility
17 with the department of revenue, in accordance with chapter 303, and is otherwise eligible.
18 The restricted driving privilege shall indicate [ whether ] that a functioning, certified ignition
19 interlock device is required as a condition of operating a motor vehicle. A copy of the
20 restricted driving privilege shall be given to the person and such person shall carry a copy of
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21 the restricted driving privilege while operating a motor vehicle. In no case shall restricted
22 driving privileges be issued pursuant to this section or section 302.535 until the person has
23 completed the first thirty days of a suspension under this section. If a person otherwise
24 subject to the provisions of this subdivision files proof of installation with the department of
25 revenue that any vehicle that he or she operates is equipped with a functioning, certified
26 ignition interlock device, there shall be no period of suspension. However , in lieu of a
27 suspension the person shall instead complete a ninety-day period of restricted driving
28 privilege. Upon completion of such ninety-day period of restricted driving privilege,
29 compliance with other requirements of law , and filing of proof of financial responsibility with
30 the department of revenue, in accordance with chapter 303, the license and driving privilege
31 shall be reinstated. However , if the monthly monitoring reports during such ninety-day
32 period indicate that the ignition interlock device has registered a confirmed blood alcohol
33 concentration level above the alcohol setpoint established by the department of transportation
34 or such reports indicate that the ignition interlock device has been tampered with or
35 circumvented, then the license and driving privilege of such person shall not be reinstated
36 until the person completes an additional thirty-day period of restricted driving privilege. If
37 the person fails to maintain such proof of the device with the director of revenue as required,
38 the restricted driving privilege shall be terminated;
39 (2) The period of revocation shall be one year if the person's driving record shows
40 one or more prior alcohol-related enforcement contacts during the immediately preceding five
41 years;
42 (3) In no case shall restricted driving privileges be issued under this section to any
43 person whose driving record shows one or more prior alcohol-related enforcement contacts or
44 to any person whose driving record shows a conviction of an intoxication-r elated traffic
45 offense, as defined under section 577.001, in which the person's blood alcohol content
46 was found to be fifteen-hundr edths of one per cent or mor e by weight of alcohol in such
47 person's blood, or in which the person caused any pro perty damage or personal injury
48 until the person has filed proof with the department of revenue that any motor vehicle
49 operated by the person is equipped with a functioning, certified ignition interlock device as a
50 required condition of the restricted driving privilege. If the person fails to maintain such
51 proof the restricted driving privilege shall be terminated.
52 3. For purposes of this section, "alcohol-related enforcement contacts" shall include
53 any suspension or revocation under sections 302.500 to 302.540, any suspension or
54 revocation entered in this or any other state for a refusal to submit to chemical testing under
55 an implied consent law , and any conviction in this or any other state for a violation which
56 involves driving while intoxicated, driving while under the influence of drugs or alcohol, or
57 driving a vehicle while having an unlawful alcohol concentration.
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58 4. Where a license is suspended or revoked under this section and the person is also
59 convicted on char ges arising out of the same occurrence for a violation of section 577.010 or
60 577.012 or for a violation of any county or municipal ordinance prohibiting driving while
61 intoxicated or alcohol-related traff ic of fense, both the suspension or revocation under this
62 section and any other suspension or revocation arising from such convictions shall be
63 imposed, but the period of suspension or revocation under sections 302.500 to 302.540 shall
64 be credited against any other suspension or revocation arising from such convictions, and the
65 total period of suspension or revocation shall not exceed the longer of the two suspension or
66 revocation periods.
67 5. Any person who has had a license to operate a motor vehicle revoked under this
68 section or suspended under this section with one or more prior alcohol-related enforcement
69 contacts or a conviction for an intoxication-r elated traffic offense, as defined under
70 section 577.001, in which the person's blood alcohol content was found to be fifteen-
71 hundr edths of one per cent or mor e by weight of alcohol in such person's blood, or in
72 which the person caused any pr operty damage or personal injury showing on their driver
73 record shall be required to file proof with the director of revenue that any motor vehicle
74 operated by that person is equipped with a functioning, certified ignition interlock device as a
75 required condition of reinstatement. The ignition interlock device shall further be required to
76 be maintained on all motor vehicles operated by the person for a period of not less than six
77 months immediately following the date of reinstatement. If the monthly monitoring reports
78 show that the ignition interlock device has registered any confirmed blood alcohol
79 concentration readings above the alcohol setpoint established by the department of
80 transportation or that the person has tampered with or circumvented the ignition interlock
81 device within the last three months of the six-month period of required installation of the
82 ignition interlock device, then the period for which the person must maintain the ignition
83 interlock device following the date of reinstatement shall be extended until the person has
84 completed three consecutive months with no violations as described in this section. If the
85 person fails to maintain such proof with the director , the license shall be suspended or
86 revoked, until proof as required by this section is filed with the director , and the person shall
87 be guilty of a class A misdemeanor .
302.574. 1. If a person who was operating a vehicle refuses upon the request of the
2 of ficer to submit to any chemical test under section 577.041, the of ficer shall, on behalf of the
3 director of revenue, serve the notice of license revocation personally upon the person and
4 shall take possession of any license to operate a vehicle issued by this state which is held by
5 that person. The of ficer shall issue a temporary permit, on behalf of the director of revenue,
6 which is valid for fifteen days and shall also give the person notice of his or her right to file a
7 petition for review to contest the license revocation.
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8 2. Such of ficer shall make a certified report under penalties of perjury for making a
9 false statement to a public of ficial. The report shall be forwarded to the director of revenue
10 and shall include the following:
11 (1) That the of ficer has:
12 (a) Reasonable grounds to believe that the arrested person was driving a motor
13 vehicle while in an intoxicated condition; or
14 (b) Reasonable grounds to believe that the person stopped, being under the age of
15 twenty-one years, was driving a motor vehicle with a blood alcohol content of two-
16 hundredths of one percent or more by weight; or
17 (c) Reasonable grounds to believe that the person stopped, being under the age of
18 twenty-one years, was committing a violation of the traf fic laws of the state, or political
19 subdivision of the state, and such of ficer has reasonable grounds to believe, after making such
20 stop, that the person had a blood alcohol content of two-hundredths of one percent or greater;
21 (2) That the person refused to submit to a chemical test;
22 (3) Whether the of ficer secured the license to operate a motor vehicle of the person;
23 (4) Whether the of ficer issued a fifteen-day temporary permit;
24 (5) Copies of the notice of revocation, the fifteen-day temporary permit, and the
25 notice of the right to file a petition for review . The notices and permit may be combined in
26 one document; and
27 (6) Any license, which the officer has taken into possession, to operate a motor
28 vehicle.
29 3. Upon receipt of the of ficer's report, the director shall revoke the license of the
30 person refusing to take the test for a period of one year; or if the person is a nonresident, such
31 person's operating permit or privilege shall be revoked for one year; or if the person is a
32 resident without a license or permit to operate a motor vehicle in this state, an order shall be
33 issued denying the person the issuance of a license or permit for a period of one year .
34 4. If a person's license has been revoked because of the person's refusal to submit to a
35 chemical test, such person may petition for a hearing before a circuit division or associate
36 division of the court in the county in which the arrest or stop occurred. Pursuant to local court
37 rule promulgated pursuant to Section 15 of Article V of the Missouri Constitution, the case
38 may also be assigned to a traff ic judge pursuant to section 479.500. The person may request
39 such court to issue an order staying the revocation until such time as the petition for review
40 can be heard. If the court, in its discretion, grants such stay , it shall enter the order upon a
41 form prescribed by the director of revenue and shall send a copy of such order to the director .
42 Such order shall serve as proof of the privilege to operate a motor vehicle in this state and the
43 director shall maintain possession of the person's license to operate a motor vehicle until
44 termination of any revocation under this section. Upon the person's request, the clerk of the
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45 court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the
46 hearing on behalf of the director of revenue. At the hearing, the court shall determine only:
47 (1) Whether the person was arrested or stopped;
48 (2) Whether the of ficer had:
49 (a) Reasonable grounds to believe that the person was driving a motor vehicle while
50 in an intoxicated or drugged condition; or
51 (b) Reasonable grounds to believe that the person stopped, being under the age of
52 twenty-one years, was driving a motor vehicle with a blood alcohol content of two-
53 hundredths of one percent or more by weight; or
54 (c) Reasonable grounds to believe that the person stopped, being under the age of
55 twenty-one years, was committing a violation of the traf fic laws of the state, or political
56 subdivision of the state, and such of ficer had reasonable grounds to believe, after making such
57 stop, that the person had a blood alcohol content of two-hundredths of one percent or greater;
58 and
59 (3) Whether the person refused to submit to the test.
60 5. If the court determines any issue not to be in the af firmative, the court shall order
61 the director to reinstate the license or permit to drive.
62 6. Requests for review as provided in this section shall go to the head of the docket of
63 the court wherein filed.
64 7. No person who has had a license to operate a motor vehicle suspended or revoked
65 under the provisions of this section shall have that license reinstated until such person has
66 participated in and successfully completed a substance abuse traf fic of fender program defined
67 in section 302.010, or a program determined to be comparable by the department of mental
68 health. Assignment recommendations, based upon the needs assessment as described in
69 subdivision (24) of section 302.010, shall be delivered in writing to the person with written
70 notice that the person is entitled to have such assignment recommendations reviewed by the
71 court if the person objects to the recommendations. The person may file a motion in the
72 associate division of the circuit court of the county in which such assignment was given, on a
73 printed form provided by the state courts administrator , to have the court hear and determine
74 such motion under the provisions of chapter 517. The motion shall name the person or entity
75 making the needs assessment as the respondent and a copy of the motion shall be served upon
76 the respondent in any manner allowed by law . Upon hearing the motion, the court may
77 modify or waive any assignment recommendation that the court determines to be unwarranted
78 based upon a review of the needs assessment, the person's driving record, the circumstances
79 surrounding the of fense, and the likelihood of the person committing a similar offense in the
80 future, except that the court may modify but shall not waive the assignment to an education or
81 rehabilitation program of a person determined to be a prior or persistent of fender as defined in
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82 section 577.001, or of a person determined to have operated a motor vehicle with a blood
83 alcohol content of fifteen-hundredths of one percent or more by weight. Compliance with the
84 court determination of the motion shall satisfy the provisions of this section for the purpose of
85 reinstating such person's license to operate a motor vehicle. The respondent's personal
86 appearance at any hearing conducted under this subsection shall not be necessary unless
87 directed by the court.
88 8. The fees for the substance abuse traff ic offender program, or a portion thereof, to
89 be determined by the division of behavioral health of the department of mental health, shall
90 be paid by the person enrolled in the program. Any person who is enrolled in the program
91 shall pay , in addition to any fee char ged for the program, a supplemental fee to be determined
92 by the department of mental health for the purposes of funding the substance abuse traff ic
93 of fender program defined in section 302.010. The administrator of the program shall remit to
94 the division of behavioral health of the department of mental health on or before the fifteenth
95 day of each month the supplemental fee for all persons enrolled in the program, less two
96 percent for administrative costs. Interest shall be char ged on any unpaid balance of the
97 supplemental fees due to the division of behavioral health under this section, and shall accrue
98 at a rate not to exceed the annual rates established under the provisions of section 32.065, plus
99 three percentage points. The supplemental fees and any interest received by the department
100 of mental health under this section shall be deposited in the mental health earnings fund,
101 which is created in section 630.053.
102 9. Any administrator who fails to remit to the division of behavioral health of the
103 department of mental health the supplemental fees and interest for all persons enrolled in the
104 program under this section shall be subject to a penalty equal to the amount of interest
105 accrued on the supplemental fees due to the division under this section. If the supplemental
106 fees, interest, and penalties are not remitted to the division of behavioral health of the
107 department of mental health within six months of the due date, the attorney general of the
108 state of Missouri shall initiate appropriate action for the collection of said fees and accrued
109 interest. The court shall assess attorneys' fees and court costs against any delinquent program.
110 10. Any person who has had a license to operate a motor vehicle revoked under this
111 section and who has a prior alcohol-related enforcement contact, as defined in section
112 302.525, or who has been convicted of an intoxication-r elated traffic offense, as defined
113 under section 577.001, in which the person's blood alcohol content was found to be
114 fifteen-hundr edths of one per cent or mor e by weight of alcohol in such person's blood,
115 or in which the person caused any prop erty damage or personal injury shall be required
116 to file proof with the director of revenue that any motor vehicle operated by the person is
117 equipped with a functioning, certified ignition interlock device as a required condition of
118 license reinstatement. Such ignition interlock device shall further be required to be
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119 maintained on all motor vehicles operated by the person for a period of not less than six
120 months immediately following the date of reinstatement. If the monthly monitoring reports
121 show that the ignition interlock device has registered any confirmed blood alcohol
122 concentration readings above the alcohol setpoint established by the department of
123 transportation or that the person has tampered with or circumvented the ignition interlock
124 device within the last three months of the six-month period of required installation of the
125 ignition interlock device, then the period for which the person shall maintain the ignition
126 interlock device following the date of reinstatement shall be extended until the person has
127 completed three consecutive months with no violations as described in this section. If the
128 person fails to maintain such proof with the director as required by this section, the license
129 shall be rerevoked until proof as required by this section is filed with the director , and the
130 person shall be guilty of a class A misdemeanor .
131 1 1. The revocation period of any person whose license and driving privilege has been
132 revoked under this section and who has filed proof of financial responsibility with the
133 department of revenue in accordance with chapter 303 and is otherwise eligible shall be
134 terminated by a notice from the director of revenue after one year from the ef fective date of
135 the revocation. Unless proof of financial responsibility is filed with the department of
136 revenue, the revocation shall remain in ef fect for a period of two years from its ef fective date.
137 If the person fails to maintain proof of financial responsibility in accordance with chapter 303,
138 the person's license and driving privilege shall be rerevoked.
139 12. A person commits the of fense of failure to maintain proof with the Missouri
140 department of revenue if, when required to do so, he or she fails to file proof with the director
141 of revenue that any vehicle operated by the person is equipped with a functioning, certified
142 ignition interlock device or fails to file proof of financial responsibility with the department of
143 revenue in accordance with chapter 303. The of fense of failure to maintain proof with the
144 Missouri department of revenue is a class A misdemeanor .
454.1050 . 1. This section shall be known and may be cited as "Bentley and
2 Mason's Law".
3 2. If a person has been convicted of, pled guilty to, or enter ed a plea of nolo
4 contender e to an offense under sections 577.010 or 577.012, such offense caused the
5 death of a par ent or par ents of a child or childr en, and a surviving par ent or guardian
6 files a petition to rec eive child maintenance fr om the person, such person shall be
7 order ed by the court to pay child maintenance to the child or children until the child or
8 childr en:
9 (1) Die;
10 (2) Marry;
11 (3) Enter active military duty;
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12 (4) Reach eighteen years of age unless the pr ovisions of subsection 3 of this
13 section apply; or
14 (5) Reach twenty-one years of age unless the pr ovisions of the maintenance order
15 specifically extend beyond the child's or children' s twenty-first birthdays for reas ons
16 pr ovided under subdivision (1) of subsection 3 of this section.
17 3. (1) If the child or childr en ar e physically or mentally incapacitated fr om
18 supporting themselves and insolvent and unmarried, the court may extend the
19 maintenance obligation past the child's or children 's eighteenth birthday .
20 (2) (a) If the child or children r each eighteen years of age and ar e enr olled in
21 and attending a secondary school prog ram of instruction, maintenance shall continue, if
22 the child or children continue to attend and pr ogress toward completion of such
23 pr ogram, until the child or children complete such pr ogram or reach twenty-one years
24 of age, whichever first occurs.
25 (b) If the child or children ar e enroll ed in an institution of vocational or higher
26 education no later than October first following graduation fr om a secondary school or
27 completion of a graduation equivalence degr ee pr ogram and so long as the child or
28 childr en enr oll for and complete at least twelve hours of credit each semester , not
29 including the summer semester , at an institution of vocational or higher education and
30 achieve grades sufficient to reen roll at such institution, maintenance shall continue until
31 the child or children complete their education or until the child or children re ach
32 twenty-one years of age, whichever first occurs. T o rem ain eligible for such continued
33 maintenance, at the beginning of each semester the child or children shall submit to the
34 court a transcript or similar official document pr ovided by the institution of vocational
35 or higher education that includes the courses the child or childr en ar e enr olled in and
36 have completed for each term, the grades and cre dits received for each such course, and
37 an official document fro m the institution listing the courses that the child or children are
38 enr olled in for the upcoming term and the number of cr edits for each such course.
39 When enr olled in at least twelve cred it hours, if the child or children receive failing
40 grades in half or mor e of the child's or children's courseload in any one semester ,
41 payment of maintenance for the child or children rec eiving the failing grades may be
42 terminated and shall not be eligible for r einstatement. Upon r equest for notification of
43 the child's or children 's grades by the court, the child or childr en shall prod uce the
44 r equir ed documents to the court within thirty days of recei pt of grades fr om the
45 education institution. If the child or children fail to pr oduce the requi red documents,
46 payment of maintenance may terminate without the accrual of any maintenance
47 arr earage and shall not be eligible for r einstatement. If the circums tances of the child or
48 childr en manifestly dictate, the court may waive the October first deadline for
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49 enr ollment requi red by this subdivision. As used in this subdivision, "institution of
50 vocational education" means any postsecondary training or schooling for which the
51 child is assessed a fee and attends classes regul arly . "Higher education" means any
52 community college, college, or university at which the child attends classes r egularly . A
53 child or childr en who have been diagnosed with a developmental disability , as defined
54 under section 630.005, or whose physical disability or diagnosed health pr oblem limits
55 the child's or childr en's ability to carry the number of cred it hours pr escribed in this
56 subdivision, shall rem ain eligible for maintenance so long as such child or children are
57 enr olled in and attending an institution of vocational or higher education and the child
58 or children continue to meet the other r equir ements of this subdivision. A child or
59 childr en who are employed at least fifteen hours per week during the semester may take
60 as few as nine cred it hours per semester and rem ain eligible for maintenance so long as
61 all other req uirements of this subdivision are complied with.
62 4. The court shall order the person who was convicted, pled guilty to, or enter ed
63 a plea of nolo contender e to an offense under sections 577.010 or 577.012 as pr ovided
64 under subsection 2 of this section to pay maintenance in an amount that is rea sonable or
65 necessary for the maintenance of the child or childr en after considering all r elevant
66 factors, including:
67 (1) The financial needs and res ources of the child or childr en;
68 (2) The financial res our ces and needs of the surviving par ent or , if no other
69 par ent is alive or capable of caring for the child or children , the guardian of the child or
70 childr en, including the state if the state is the guardian;
71 (3) The standard of living the child or childr en would have enjoyed;
72 (4) The physical and emotional condition of the child or children and the child's
73 or childr en's educational needs;
74 (5) The child's or childr en's physical and legal custody arrangements; and
75 (6) The reas onable work-r elated child car e expenses of the surviving paren t or
76 guardian.
77 5. In addition to the r elevant factors listed under subsection 4 of this section, the
78 court shall consider the guidelines set out under subsection 8 of section 452.340 and
79 Missouri suprem e court civil pro cedure rule form 14 in determining the amount
80 r easonable or necessary for the maintenance of the child or children.
81 6. (1) The court shall order that child maintenance payments be made to the
82 cir cuit clerk as trustee for rem ittance to the surviving par ent or guardian entitled to
83 r eceive the payments. The cir cuit clerk shall rem it such payments to the surviving
84 par ent or guardian within thr ee working days of receipt by the cir cuit clerk. Cir cuit
85 clerks shall deposit all receip ts no later than the next working day after receipt.
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86 (2) As an alternative to subdivision (1) of this subsection, the court may , upon its
87 own motion, order that maintenance payments be made to the family support payment
88 center established under section 454.530 as trustee for rem ittance to the surviving
89 par ent or guardian. However , the court shall not order payments to be made to the
90 payment center if the family support division notifies the court that such payments shall
91 not be made to the center . In such cases, payments shall be made to the clerk as trustee
92 until the division notifies the court that payments shall be dir ected to the payment
93 center .
94 7. In addition to any other r emedy pro vided by law for the enforcem ent of child
95 maintenance, if a maintenance order has been enter ed, the dir ector of the family
96 support division or the dir ector's designee shall issue an order dir ecting any employer or
97 other payer of the person requ ired to pay child maintenance under this section to
98 withhold and pay over to the family support division or the clerk of the cir cuit court in
99 the county in which a trusteeship is or will be established moneys due or to become due
100 to the surviving par ent or guardian for the child or children in an amount not to exceed
101 federal wage garnishment limitations.
102 8. If a person order ed to pay child maintenance under this section is
103 incar cerated and unable to pay the req uire d maintenance, the person shall have up to
104 one year after the rel ease from incar ceration to begin payment, including any arreara ge.
105 If any obligation under this section is to terminate as pr ovided under subsection 2 of this
106 section but the person's obligation is not paid in full, payments shall continue until the
107 entir e arr earage is paid.
108 9. (1) If the surviving par ent or guardian of the child or children brings a civil
109 action on behalf of such child or childr en against the person who was convicted of, pled
110 guilty to, or enter ed a plea of nolo contender e to an offense under sections 577.010 or
111 577.012 prior to any child maintenance order under this section and the surviving
112 par ent or guardian obtains a judgment in his or her favor in the civil suit, no
113 maintenance shall be order ed under this section.
114 (2) If the court orders child maintenance under this section but the surviving
115 par ent or guardian brings a civil action and obtains a judgment on behalf of such child
116 or children in his or her favor , the child maintenance order shall offset the judgment
117 awarded in the civil action.
118 (3) No funds recei ved under section 595.045 shall res ult in a r eduction of an
119 amount pr ovided by a child maintenance order under this section.
120 10. The pr ovisions of any order res pecting maintenance under this section may
121 be modified only upon a showing of changed circums tances so substantial and
122 continuing as to make the terms unr easonable.
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577.010. 1. A person commits the of fense of driving while intoxicated if he or she
2 operates a vehicle while in an intoxicated condition.
3 2. The of fense of driving while intoxicated is:
4 (1) A class B misdemeanor;
5 (2) A class A misdemeanor if:
6 (a) The defendant is a prior of fender; or
7 (b) A person less than seventeen years of age is present in the vehicle;
8 (3) A class E felony if[:
9 (a) ] the defendant is a persistent of fender; [or
10 (b) While driving while intoxicated, the defendant acts with criminal negligence to
11 cause physical injury to another person;]
12 (4) A class D felony if:
13 (a) The defendant is an aggravated of fender; or
14 (b) While driving while intoxicated, the defendant acts with criminal negligence to
15 cause physical injury to [ a law enforcement of ficer or emer gency personnel ] another person ;
16 [or
17 (c) While driving while intoxicated, the defendant acts with criminal negligence to
18 cause serious physical injury to another person;]
19 (5) A class C felony if:
20 (a) The defendant is a chronic of fender; or
21 (b) While driving while intoxicated, the defendant acts with criminal negligence to
22 cause serious physical injury to [ a law enforcement of ficer or emer gency personnel ] another
23 person ; [or
24 (c) While driving while intoxicated, the defendant acts with criminal negligence to
25 cause the death of another person;]
26 (6) A class B felony if:
27 (a) The defendant is a habitual of fender; or
28 (b) While driving while intoxicated, the defendant acts with criminal negligence to
29 cause the death of [ a law enforcement of ficer or emer gency personnel ] another person ;
30 [ (c) While driving while intoxicated, the defendant acts with criminal negligence to
31 cause the death of any person not a passenger in the vehicle operated by the defendant,
32 including the death of an individual that results from the defendant's vehicle leaving a
33 highway , as defined in section 301.010, or the highway's right-of-way;
34 (d) While driving while intoxicated, the defendant acts with criminal negligence to
35 cause the death of two or more persons; or
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36 (e) While driving while intoxicated, the defendant acts with criminal negligence to
37 cause the death of any person while he or she has a blood alcohol content of at least eighteen-
38 hundredths of one percent by weight of alcohol in such person's blood;]
39 (7) A class A felony if :
40 (a) While driving while intoxicated, the defendant acts with criminal negligence
41 to cause the death of any person;
42 (b) The defendant has previously been found guilty of an of fense under [ paragraphs ]
43 paragraph (a) [ to (e) ] or (b) of subdivision (6) of this subsection and is found guilty of a
44 subsequent violation of [ such paragraphs ] this section .
45 3. Notwithstanding the provisions of subsection 2 of this section, a person found
46 guilty of the of fense of driving while intoxicated as a first of fense shall not be granted a
47 suspended imposition of sentence:
48 (1) Unless such person shall be placed on probation for a minimum of two years; or
49 (2) In a circuit where a DWI court or docket created under section 478.007 or other
50 court-ordered treatment program is available, and where the of fense was committed with
51 fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless
52 the individual participates and successfully completes a program under such DWI court or
53 docket or other court-ordered treatment program.
54 4. If a person is found guilty of a second or subsequent of fense of driving while
55 intoxicated, the court may order the person to submit to a period of continuous alcohol
56 monitoring or verifiable breath alcohol testing performed a minimum of four times per day as
57 a condition of probation.
58 5. If a person is not granted a suspended imposition of sentence for the reasons
59 described in subsection 3 of this section:
60 (1) If the individual operated the vehicle with fifteen-hundredths to twenty-
61 hundredths of one percent by weight of alcohol in such person's blood, the required term of
62 imprisonment shall be not less than forty-eight hours;
63 (2) If the individual operated the vehicle with greater than twenty-hundredths of one
64 percent by weight of alcohol in such person's blood, the required term of imprisonment shall
65 be not less than five days.
66 6. A person found guilty of the offense of driving while intoxicated:
67 (1) As a prior of fender , persistent offender , aggravated of fender , chronic of fender , or
68 habitual of fender shall not be granted a suspended imposition of sentence or be sentenced to
69 pay a fine in lieu of a term of imprisonment, section 557.01 1 to the contrary notwithstanding;
70 (2) As a prior of fender shall not be granted parole or probation until he or she has
71 served a minimum of ten days imprisonment:
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72 (a) Unless as a condition of such parole or probation such person performs at least
73 thirty days of community service under the supervision of the court in those jurisdictions
74 which have a recognized program for community service; or
75 (b) The of fender participates in and successfully completes a program established
76 under section 478.007 or other court-ordered treatment program, if available, and as part of
77 either program, the of fender performs at least thirty days of community service under the
78 supervision of the court;
79 (3) As a persistent of fender shall not be eligible for parole or probation until he or she
80 has served a minimum of thirty days imprisonment:
81 (a) Unless as a condition of such parole or probation such person performs at least
82 sixty days of community service under the supervision of the court in those jurisdictions
83 which have a recognized program for community service; or
84 (b) The of fender participates in and successfully completes a program established
85 under section 478.007 or other court-ordered treatment program, if available, and as part of
86 either program, the of fender performs at least sixty days of community service under the
87 supervision of the court;
88 (4) As an aggravated of fender shall not be eligible for parole or probation until he or
89 she has served a minimum of sixty days imprisonment; and
90 (5) As a chronic or habitual of fender shall not be eligible for parole or probation until
91 he or she has served a minimum of two years imprisonment[ ; and ] .
92 [ (6) ] 7. Any probation or parole granted under [ this ] subsection 6 of this section may
93 include a period of continuous alcohol monitoring or verifiable breath alcohol testing
94 performed a minimum of four times per day .
95 8. Notwithstanding any other pr ovision of law to the contrary , an offender found
96 guilty under paragraph (b) of subdivision (6) of subsection 2 of this section shall not be
97 eligible for par ole or prob ation until he or she has served a minimum of five years'
98 imprisonment.
99 9. Notwithstanding any other pr ovision of law , an offender found guilty under
100 subdivision (7) of subsection 2 of this section shall not be eligible for par ole or prob ation
101 until he or she has served a minimum of ten years' imprisonment.
✔
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