Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1677
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
7121S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 302.020, RSMo, and to enact in lieu thereof two new sections relating to child
passengers on motorcycles and motortricycles, with penalty provisions and an effective
date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 302.020, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
302.020 and 302.023, to read as follows:3
302.020. 1. Unless otherwise provided for by law, it 1
shall be unlawful for any person, except those expressly 2
exempted by section 302.080, to: 3
(1) Operate any vehicle upon any highway in this state 4
unless the person has a valid license; 5
(2) Operate a motorcycle or motortricycle upon any 6
highway of this state unless such person has a valid license 7
that shows the person has successfully passed an examination 8
for the operation of a motorcycle or motortricycle as 9
prescribed by the director. The director may indicate such 10
upon a valid license issued to such person, or shall issue a 11
license restricting the applicant to the operation of a 12
motorcycle or motortricycle if the actual demonstration, 13
required by section 302.173, is conducted on such vehicle; 14
(3) Authorize or knowingly permit a motorcycle or 15
motortricycle owned by such person or under such person's 16
SB 1677 2
control to be driven upon any highway by any person whose 17
license does not indicate that the person has passed the 18
examination for the operation of a motorcycle or 19
motortricycle or has been issued an instruction permit 20
therefor; 21
(4) Operate a motor vehicle with an instruction permit 22
or license issued to another person. 23
2. Every person under twenty-six years of age who is 24
operating or riding as a passenger on any motorcycle or 25
motortricycle, as defined in section 301.010, upon any 26
highway of this state shall wear protective headgear at all 27
times the vehicle is in motion; except that, any person 28
twenty-six years of age or older operating any motorcycle or 29
motortricycle who has been issued an instruction permit 30
shall wear protective headgear at all times the vehicle is 31
in motion. The protective headgear shall meet reasonable 32
standards and specifications established by the director. 33
No political subdivision of this state shall impose a 34
protective headgear requirement on the operator or passenger 35
of a motorcycle or motortricycle. No person shall be 36
stopped, inspected, or detained solely to determine 37
compliance with this subsection, except that a person may be 38
stopped, inspected, or detained when there is a reasonable 39
basis to suspect that a violation of this subsection 40
involves a child passenger under ten years of age. 41
3. Notwithstanding the provisions of section 302.340 42
any person convicted of violating subdivision (1) or (2) of 43
subsection 1 of this section is guilty of a misdemeanor. A 44
first violation of subdivision (1) or (2) of subsection 1 of 45
this section shall be punishable as a class D misdemeanor. 46
A second violation of subdivision (1) or (2) of subsection 1 47
of this section shall be punishable as a class A 48
SB 1677 3
misdemeanor. Any person convicted a third or subsequent 49
time of violating subdivision (1) or (2) of subsection 1 of 50
this section is guilty of a class E felony. Notwithstanding 51
the provisions of section 302.340, violation of subdivisions 52
(3) and (4) of subsection 1 of this section is a 53
misdemeanor, the first violation punishable as a class D 54
misdemeanor, a second or subsequent violation of this 55
section punishable as a class C misdemeanor, and the penalty 56
for failure to wear protective headgear as required by 57
subsection 2 of this section is an infraction for which a 58
fine not to exceed twenty-five dollars may be imposed unless 59
the violation involves a child passenger under ten years of 60
age, in which case the violation shall be punishable as an 61
infraction for which a fine not to exceed one hundred 62
dollars may be imposed. Notwithstanding all other 63
provisions of law and court rules to the contrary, no court 64
costs shall be imposed upon any person due to such 65
violation. No points shall be assessed pursuant to section 66
302.302 for a failure to wear such protective headgear. 67
Prior pleas of guilty and prior findings of guilty shall be 68
pleaded and proven in the same manner as required by section 69
558.021. 70
302.023. 1. The provisions of this section shall be 1
known and may be referred to as "Calvin's Law". 2
2. It shall be unlawful for the operator of a 3
motorcycle or motortricycle to allow any person under ten 4
years of age to ride as a passenger on a motorcycle or 5
motortricycle operated on any highway in this state unless 6
the motorcycle or motortricycle is equipped with a proper 7
passenger seat and the child is able to place both feet on 8
the passenger foot pegs, except when a licensed physician 9
certifies a medical exemption. 10
SB 1677 4
3. Any passenger under ten years of age shall wear 11
protective headgear meeting the requirements of section 12
302.020. 13
4. Notwithstanding any other provision of law to the 14
contrary, a person may be stopped, inspected, or detained 15
solely to determine compliance with this section. 16
5. Notwithstanding the provisions of section 302.340 17
to the contrary, violation of subsection 2 or 3 of this 18
section shall be punishable as an infraction for which a 19
fine not to exceed one hundred dollars may be imposed. 20
Section B. The enactment of section 302.023 and the 1
repeal and reenactment of section 302.020 of this act shall 2
become effective on January 1, 2027. 3
✓