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HB1859 • 2026

Establishes the offense of possession of an open alcoholic beverage container in a motor vehicle

Establishes the offense of possession of an open alcoholic beverage container in a motor vehicle

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Butz, Steve (081)
Last action
2026-05-15
Official status
05/15/2026 - Referred: Emerging Issues(H)
Effective date
2026-08-28

Plain English Breakdown

Checked against official source text during the last sync.

Law Against Open Alcohol Containers in Cars

This law makes it illegal for people to have open containers of alcohol in the passenger areas of cars on public roads and streets.

What This Bill Does

  • Makes having an open container of alcohol in a car's passenger area while driving on public roads, streets, or highways against the law.
  • Defines what counts as an 'open alcoholic beverage container', such as bottles or cans that are opened or have had some of their contents removed.
  • States that this offense is considered an infraction and will not appear on any records kept by the Department of Revenue.

Who It Names or Affects

  • Drivers and passengers in cars who have open containers of alcohol while driving on public roads, streets, or highways.

Terms To Know

Open alcoholic beverage container
A bottle, can, or other container that holds any amount of alcohol and is either open or has a broken seal, or where some of the contents have been removed.
Passenger area
The part of a car designed to seat the driver and passengers while in operation and any area readily accessible to the driver or passenger while seated; however, this does not include locked glove compartments or areas behind the last upright seat in cars without trunks.

Limits and Unknowns

  • This law does not apply to people in vehicles used primarily for transporting others for pay, such as taxis.
  • It also doesn't apply to open alcohol containers kept in locked glove compartments or behind the last upright seat in cars without trunks.

Bill History

  1. 2026-05-15 Missouri House of Representatives and Missouri Senate

    Referred: Emerging Issues(H)

  2. 2026-01-08 Missouri House of Representatives and Missouri Senate

    Read Second Time (H)

  3. 2026-01-07 Missouri House of Representatives and Missouri Senate

    Read First Time (H)

  4. 2025-12-01 Missouri House of Representatives and Missouri Senate

    Prefiled (H)

Official Summary Text

Establishes the offense of possession of an open alcoholic beverage container in a motor vehicle

Current Bill Text

Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 1859
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUTZ.
4653H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 577, RSMo, by adding thereto one new section relating to the of fense of
possession of an open alcoholic beverage container in a motor vehicle, with a penalty
provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 577, RSMo, is amended by adding thereto one new section, to be
2 known as section 577.018, to read as follows:
577.018. 1. A person commits the offense of possession of an open alcoholic
2 beverage container in a motor vehicle if the person possesses an open container
3 containing an alcoholic beverage while in the passenger ar ea of a motor vehicle that is
4 on any public thorough far e, including state r oads; county r oads; and public str eets,
5 avenues, boulevards, parkways, or alleys, or any public highway .
6 2. The offense of possession of an open alcoholic beverage container in a motor
7 vehicle is an infraction and shall not be refl ected on any reco rds maintained by the
8 department of reve nue.
9 3. As used in this section, the following terms mean:
10 (1) "Open alcoholic beverage container", any bottle, can, or other r eceptacle
11 that contains any amount of alcoholic beverage and:
12 (a) Is open or has a br oken seal; or
13 (b) The contents of which are partially rem oved;
14 (2) "Passenger ar ea", the area designed to seat the driver and passengers while a
15 motor vehicle is in operation and any are a that is r eadily accessible to the driver or a
16 passenger while in his or her seating position; provi ded, however , such term shall not
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.
17 include any locked glove compartment or , in a passenger car not equipped with a trunk,
18 any area behind the rearmos t upright seat or not normally occupied by the driver or
19 passenger .
20 4. The pr ovisions of subsection 1 of this section shall not apply to any passenger
21 in the passenger ar ea of a motor vehicle designed, maintained, or used primarily for the
22 transportation of persons for compensation or in the living quarters of a motor home or
23 house trailer .
24 5. Only a person who possesses an open alcoholic beverage container in a motor
25 vehicle in violation of this section shall be charged with an offense under this section;
26 pr ovided, however , that an operator of a motor vehicle who is alone in the passenger
27 ar ea of the motor vehicle shall be deemed to be in possession of any open alcoholic
28 beverage container in such passenger area.
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