Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1227
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
5655S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 557, RSMo, by adding thereto five new sections relating to criminal
proceedings.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 557, RSMo, is amended by adding thereto 1
five new sections, to be known as sections 557.520, 557.600, 2
557.602, 557.604, and 557.606, to read as follows:3
557.520. 1. For purposes of this section, the 1
following terms shall mean: 2
(1) "Failed start", any attempt to start the vehicle 3
with a breath alcohol concentration exceeding twenty-five 4
thousandths of one percent by weight of alcohol in such 5
person's breath, unless a subsequent retest performed within 6
ten minutes registers a breath alcohol concentration not 7
exceeding twenty-five thousandths of one percent by weight 8
of alcohol in such person's breath; 9
(2) "Running retest", failure to take a breath test 10
performed by the driver upon a certified ignition interlock 11
device at random intervals after the initial engine startup 12
breath test and while the vehicle's motor is running or 13
failure to take a breath retest with a breath alcohol 14
concentration not exceeding twenty-five thousandths of one 15
percent by weight of alcohol in such person's breath; 16
SB 1227 2
(3) "Vehicle", any mechanical device on wheels, 17
designed primarily for use, or used, on highways. 18
2. In any criminal case involving an intoxication- 19
related traffic offense, the defendant may request to divert 20
the criminal case to a driving while intoxicated (DWI) 21
diversion program described in this section by submitting a 22
request to the prosecuting or circuit attorney and sending a 23
copy of such request to the department of revenue within 24
fifteen days of his or her arrest. The prosecuting or 25
circuit attorney may divert the criminal case to this DWI 26
diversion program by filing a motion with the court to stay 27
the criminal proceeding, if the defendant meets the 28
following criteria for eligibility into the DWI diversion 29
program: 30
(1) The defendant has not previously pled guilty to or 31
been convicted of an intoxication-related traffic offense in 32
violation of sections 577.010, 577.012, 577.013, 577.014, 33
577.015, or 577.016; 34
(2) The defendant is not currently enrolled in, and 35
has not in the previous five years completed, a diversion 36
program pursuant to this section; 37
(3) The defendant does not hold a commercial driver's 38
license; 39
(4) The offense did not occur while operating a 40
commercial vehicle; 41
(5) The offense did not result in the injury or death 42
of another person; and 43
(6) The defendant did not refuse to submit to any test 44
allowed pursuant to section 577.020. 45
3. Upon a motion filed by the prosecuting or circuit 46
attorney, the court may continue a diverted case involving 47
an intoxication-related traffic offense if the prosecuting 48
SB 1227 3
or circuit attorney deems appropriate based on the specific 49
situation of the defendant. The case shall be diverted for 50
a period not to exceed twenty-four months and order the 51
defendant to comply with terms, conditions, or requirements. 52
4. The DWI diversion plan shall be for a specified 53
period and be in writing. The prosecuting or circuit 54
attorney has the sole authority to develop diversionary 55
program requirements, but may require installation of an 56
ignition interlock device for a period of not less than one 57
year, require the defendant to participate in a victim 58
impact panel sponsored by a nonprofit organization, and 59
require other terms deemed necessary by the court. 60
5. If the court continues the criminal case to divert 61
the defendant to this DWI diversion program, a copy of such 62
order shall be sent to the department of revenue and, upon 63
receipt, the department shall continue any proceeding to 64
suspend or revoke a license pursuant to chapter 302 for a 65
period not to exceed twenty-four months. After the 66
defendant successfully completes the requirements of the DWI 67
diversion program, the department shall dismiss any 68
proceeding against the defendant. 69
6. The court shall notify the defendant that he or she 70
is required to install a functioning, certified ignition 71
interlock device on any vehicle that the person operates and 72
the person is prohibited from operating a motor vehicle 73
unless that vehicle is equipped with a functioning, 74
certified ignition interlock device pursuant to this 75
section. These requirements shall be in addition to any 76
other provisions of this chapter or chapter 302 requiring 77
installation and maintenance of an ignition interlock 78
device. Any person required to use an ignition interlock 79
SB 1227 4
device shall comply with such requirement subject to the 80
penalties provided by section 577.599. 81
7. The department of revenue shall inform the 82
defendant of the requirements of this section, including the 83
term for which the person is required to have a certified 84
ignition interlock device installed and shall notify the 85
person that installation of a functioning, certified 86
ignition interlock device on a vehicle does not allow the 87
person to drive without a valid driver's license. The 88
department shall record the mandatory use of the device for 89
the term required and the time when the device is required 90
to be installed pursuant to the court order. A person who 91
is notified by the department shall do all of the following: 92
(1) Arrange for each vehicle operated by the person to 93
be equipped with a functioning, certified ignition interlock 94
device by a certified ignition interlock device provider as 95
determined by the department of transportation; and 96
(2) Arrange for each vehicle with a functioning, 97
certified ignition interlock device to be serviced by the 98
installer at least once every thirty days for the installer 99
to recalibrate and monitor the operation of the device. 100
8. The certified ignition interlock device provider 101
shall notify the department: 102
(1) If the device is removed or indicates that the 103
person has attempted to remove, bypass by a running retest, 104
or tamper with the device; 105
(2) If the person fails three or more times to comply 106
with any requirement for the maintenance or calibration of 107
the ignition interlock device; or 108
(3) If the device registers a failed start. 109
SB 1227 5
If a person has any failed start that occurs within the last 110
ninety days of the required period of installation of the 111
ignition interlock device, the term may be extended for a 112
period of up to ninety days. 113
9. After the completion of the DWI diversion program 114
and if the defendant has complied with all the imposed terms 115
and conditions, the court shall dismiss the criminal case 116
against the defendant, record the dismissal, and transmit 117
the record to the central repository upon dismissal. Any 118
court automation system, including any pilot project, that 119
provides public access to electronic record on the internet 120
shall redact any personal identifying information of the 121
defendant, including name, address, and year of birth. Such 122
information shall be provided in a confidential filing sheet 123
contemporaneously filed with the court or entered by the 124
court, which shall not be subject to public inspection or 125
availability. 126
10. In the event of noncompliance by the defendant 127
with the terms and conditions of the DWI diversion program, 128
the prosecuting or circuit attorney may file a motion to 129
terminate the defendant from the diversion program and may 130
recommend the prosecution of the underlying case. Upon the 131
filing of such motion, after notice to the defendant, the 132
court shall hold a hearing to determine by preponderance of 133
the evidence whether the defendant has failed to comply with 134
the terms and conditions of the diversion program. If the 135
court finds that the defendant has not complied with the 136
terms and conditions of the diversion program, the court may 137
end the diversion program and set the case on the next 138
available criminal docket. 139
11. Any defendant who is found guilty of any 140
intoxication-related traffic offense and who has previously 141
SB 1227 6
utilized the DWI diversion program pursuant to this section 142
shall be considered a prior offender as defined in section 143
577.001, provided that the prior offense occurred within 144
five years of the intoxication-related offense for which the 145
person is charged, as provided in subsection 20 of section 146
577.001. 147
12. For the limited purpose of determining whether a 148
defendant is a chronic, habitual, persistent, or prior 149
offender under section 577.001, a criminal case diverted to 150
a DWI diversion program and successfully completed by a 151
defendant shall be counted as one intoxication-related 152
traffic offense. 153
13. A certified ignition interlock device provider 154
shall adopt a discounted fee schedule that provides for the 155
payment of the costs of the certified ignition interlock 156
device by offenders with an income at or below one hundred 157
and fifty percent of the federal poverty level. A person 158
with an income at or below one hundred and fifty percent of 159
the federal poverty level who provides income verification 160
shall be responsible for ten percent of the cost of the 161
ignition interlock device and any additional costs accrued 162
by the person for noncompliance with program requirements 163
are not subject to discounted rates and are the sole 164
responsibility of the person. The certified ignition 165
interlock provider shall verify the offender's income to 166
determine the cost of the ignition interlock device by 167
verifying from the offender the previous year's federal 168
income tax return, the previous three months of weekly or 169
monthly income statements, or a court order declaring the 170
person with an income at or below one hundred and fifty 171
percent of the federal poverty level. 172
SB 1227 7
14. Nothing in this section shall prohibit a 173
prosecuting or circuit attorney from diverting a criminal 174
case pursuant to section 557.014 in any criminal case 175
involving an intoxication-related traffic offense. 176
557.600. Sections 557.600 to 557.606 shall be known 1
and may be cited as the "Missouri Survivors' Act". 2
557.602. As used in sections 557.600 to 557.606, the 1
following terms mean: 2
(1) "Domestic abuse", any act of physical harm or the 3
threat of imminent physical harm that is committed by an 4
adult, emancipated minor, or minor child thirteen years of 5
age or older against another adult, emancipated minor, or 6
minor child who is currently or was previously an intimate 7
partner or family or household member; 8
(2) "Physical abuse", any real or threatened physical 9
injury or damage to the body that is not accidental; 10
(3) "Posttraumatic stress disorder", the same as such 11
term is defined in the Diagnostic and Statistical Manual of 12
Mental Disorders, Fifth Edition (DSM-5, 2013), and occurred 13
as a result of the victimization of a survivor; 14
(4) "Psychological abuse", a pattern of real or 15
threatened mental intimidation, threats, coercive control, 16
economic-financial control, or humiliation that is intended 17
to provoke fear of harm. 18
557.604. 1. During any hearing to determine a 1
sentence for a violation of the provisions of chapter 565, 2
the defendant may present evidence that he or she is a 3
domestic abuse survivor in that the defendant has previously 4
been subjected to or suffers from domestic abuse, physical 5
abuse, psychological abuse, or posttraumatic stress 6
disorder as defined in section 557.602, and that the 7
defendant was subjected to such domestic, physical, or 8
SB 1227 8
psychological abuse by the victim of the crime for which the 9
defendant is being sentenced, or suffers from posttraumatic 10
stress disorder as a result of such abuse by the victim of 11
the crime for which the defendant is being sentenced. 12
2. The defendant shall provide such evidence to the 13
court through the sentencing advisory report generated for 14
the court by a probation officer. 15
557.606. During any parole hearing for a violation of 1
the provisions of chapter 565, the defendant may present 2
evidence that he or she is a domestic abuse survivor in that 3
the defendant has previously been subjected to or suffers 4
from domestic abuse, physical abuse, psychological abuse, or 5
posttraumatic stress disorder as defined in section 557.602, 6
and that the defendant was subjected to such domestic, 7
physical, or psychological abuse by the victim of the crime 8
for which the defendant is being considered for parole, or 9
suffers from posttraumatic stress disorder as a result of 10
such abuse by the victim of the crime for which the 11
defendant is being considered for parole. 12
✓