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SECOND REGULAR SESSION
HOUSE BILL NO. 3435
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WILLIAMS.
7449H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to social host
liability .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.057, to read as follows:
537.057. 1. This section shall be known and may be cited as "Grace's Law".
2 2. A person who sustains bodily injury or injury to real or personal pr operty as a
3 r esult of the negligent prov ision of alcoholic beverages by a social host to a person who
4 has attained twenty-one years of age may recover damages fr om the social host only if:
5 (1) The social host willfully and knowingly pr ovided alcoholic beverages either:
6 (a) T o a person who was visibly intoxicated in the social host's pre sence; or
7 (b) T o a person who was visibly intoxicated under circu mstances manifesting
8 r eckless disre gard of the consequences as affecting the life or pro perty of another;
9 (2) The social host pr ovided alcoholic beverages to the visibly intoxicated person
10 under cir cumstances that cr eated an unr easonable risk of for eseeable harm to the life or
11 pr operty of another , and the social host failed to exer cise reas onable care and diligence
12 to avoid the for eseeable harm; and
13 (3) The injury arose out of an accident caused by the negligent operation of a
14 vehicle by the visibly intoxicated person who was prov ided alcoholic beverages by the
15 social host.
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 3. T o determine the liability of a social host under subsection 2 of this section, if a
17 test to determine the pr esence of alcohol in the blood indicates a blood alcohol
18 concentration of:
19 (1) Less than ten-hundred ths of one per cent by weight of alcohol in the blood,
20 ther e shall be an irreb uttable presum ption that the person tested was not visibly
21 intoxicated in the social host's presence and that the social host did not prov ide alcoholic
22 beverages to the person under circums tances that manifested re ckless disreg ard of the
23 consequences as affecting the life or pr operty of another; or
24 (2) At least ten-hundr edths of one per cent but less than fifteen-hundr edths of
25 one per cent by weight of alcohol in the blood, ther e shall be a rebu ttable pr esumption
26 that the person tested was not visibly intoxicated in the social host's presence and that
27 the social host did not pro vide alcoholic beverages to the person under cir cumstances
28 that manifested reckl ess disr egard of the consequences as affecting the life or pr operty
29 of another .
30 4. This section shall be the exclusive civil rem edy for personal injury or pr operty
31 damage res ulting fr om the negligent prov ision of alcoholic beverages by a social host to
32 a person who has attained twenty-one years of age.
✔
HB 3435 2