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SECOND REGULAR SESSION
HOUSE BILL NO. 1804
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SHARP (37).
5442H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 302.304, 302.440, 302.525, and 302.574, RSMo, and to enact in lieu
thereof four new sections relating to ignition interlock device requirements, 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Section A. Sections 302.304, 302.440, 302.525, and 302.574, RSMo, are repealed
2 and four new sections enacted in lieu thereof, to be known as sections 302.304, 302.440,
3 302.525, and 302.574, 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
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
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.
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.
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
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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
87 302.010 to 302.540 to the contrary notwithstanding, the ef fective date of the four points
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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
124 of fender as defined in section 577.001 or of a person determined to have operated a motor
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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
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 .
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
6 577.001, in which the person's blood alcohol content was found to be fifteen-hundr edths
7 of one per cent or mor e by weight of alcohol in such person's blood shall not operate any
8 motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock
9 device that the person must use for a period of not less than six months from the date of
10 reinstatement of the person's driver's license. In addition, any court authorized to grant a
11 limited driving privilege under section 302.309 to any person who is found guilty of a second
12 or subsequent intoxication-related traf fic of fense or to any person who is found guilty of an
13 intoxication-r elated traffic offense, as defined under section 577.001, in which the
14 person's blood alcohol content was found to be fifteen-hundr edths of one perc ent or
15 mor e by weight of alcohol in such person's blood shall require the use of an ignition
16 interlock device on all vehicles operated by the person as a required condition of the limited
17 driving privilege, except as provided in section 302.441. These requirements shall be in
18 addition to any other provisions of this chapter or chapter 577 requiring installation and
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19 maintenance of an ignition interlock device. Any person required to use an ignition interlock
20 device shall comply with such requirement subject to the penalties provided by section
21 577.599.
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
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
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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 until the person has filed proof with the department of revenue that any motor
48 vehicle operated by the person is equipped with a functioning, certified ignition interlock
49 device as a required condition of the restricted driving privilege. If the person fails to
50 maintain such proof the restricted driving privilege shall be terminated.
51 3. For purposes of this section, "alcohol-related enforcement contacts" shall include
52 any suspension or revocation under sections 302.500 to 302.540, any suspension or
53 revocation entered in this or any other state for a refusal to submit to chemical testing under
54 an implied consent law , and any conviction in this or any other state for a violation which
55 involves driving while intoxicated, driving while under the influence of drugs or alcohol, or
56 driving a vehicle while having an unlawful alcohol concentration.
57 4. Where a license is suspended or revoked under this section and the person is also
58 convicted on char ges arising out of the same occurrence for a violation of section 577.010 or
59 577.012 or for a violation of any county or municipal ordinance prohibiting driving while
60 intoxicated or alcohol-related traff ic of fense, both the suspension or revocation under this
61 section and any other suspension or revocation arising from such convictions shall be
62 imposed, but the period of suspension or revocation under sections 302.500 to 302.540 shall
63 be credited against any other suspension or revocation arising from such convictions, and the
64 total period of suspension or revocation shall not exceed the longer of the two suspension or
65 revocation periods.
66 5. Any person who has had a license to operate a motor vehicle revoked under this
67 section or suspended under this section with one or more prior alcohol-related enforcement
68 contacts or a conviction for an intoxication-r elated traffic offense, as defined under
69 section 577.001, in which the person's blood alcohol content was found to be fifteen-
70 hundr edths of one percen t or mor e by weight of alcohol in such person's blood showing
71 on their driver record shall be required to file proof with the director of revenue that any
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72 motor vehicle operated by that person is equipped with a functioning, certified ignition
73 interlock device as a required condition of reinstatement. The ignition interlock device shall
74 further be required to be maintained on all motor vehicles operated by the person for a period
75 of not less than six months immediately following the date of reinstatement. If the monthly
76 monitoring reports show that the ignition interlock device has registered any confirmed blood
77 alcohol concentration readings above the alcohol setpoint established by the department of
78 transportation or that the person has tampered with or circumvented the ignition interlock
79 device within the last three months of the six-month period of required installation of the
80 ignition interlock device, then the period for which the person must maintain the ignition
81 interlock device following the date of reinstatement shall be extended until the person has
82 completed three consecutive months with no violations as described in this section. If the
83 person fails to maintain such proof with the director , the license shall be suspended or
84 revoked, until proof as required by this section is filed with the director , and the person shall
85 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.
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;
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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
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.
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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
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
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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 shall be required to file proof with the director of revenue that any motor vehicle operated by
116 the person is equipped with a functioning, certified ignition interlock device as a required
117 condition of license reinstatement. Such ignition interlock device shall further be required to
118 be maintained on all motor vehicles operated by the person for a period of not less than six
119 months immediately following the date of reinstatement. If the monthly monitoring reports
120 show that the ignition interlock device has registered any confirmed blood alcohol
121 concentration readings above the alcohol setpoint established by the department of
122 transportation or that the person has tampered with or circumvented the ignition interlock
123 device within the last three months of the six-month period of required installation of the
124 ignition interlock device, then the period for which the person shall maintain the ignition
125 interlock device following the date of reinstatement shall be extended until the person has
126 completed three consecutive months with no violations as described in this section. If the
127 person fails to maintain such proof with the director as required by this section, the license
128 shall be rerevoked until proof as required by this section is filed with the director , and the
129 person shall be guilty of a class A misdemeanor .
130 1 1. The revocation period of any person whose license and driving privilege has been
131 revoked under this section and who has filed proof of financial responsibility with the
132 department of revenue in accordance with chapter 303 and is otherwise eligible shall be
133 terminated by a notice from the director of revenue after one year from the ef fective date of
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134 the revocation. Unless proof of financial responsibility is filed with the department of
135 revenue, the revocation shall remain in ef fect for a period of two years from its ef fective date.
136 If the person fails to maintain proof of financial responsibility in accordance with chapter 303,
137 the person's license and driving privilege shall be rerevoked.
138 12. A person commits the of fense of failure to maintain proof with the Missouri
139 department of revenue if, when required to do so, he or she fails to file proof with the director
140 of revenue that any vehicle operated by the person is equipped with a functioning, certified
141 ignition interlock device or fails to file proof of financial responsibility with the department of
142 revenue in accordance with chapter 303. The of fense of failure to maintain proof with the
143 Missouri department of revenue is a class A misdemeanor .
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