SB 250 - This act modifies certain provisions relating to the Missouri State Water Patrol.SECTIONS 36.030, 36.031, 306.161, 306.166, & 650.005
This act requires the commissioner of the Missouri State Water Patrol to establish a pay plan that is equitable to the Highway Patrol's pay plan. The commissioner shall establish the plan with the advice of the director of the division of personnel and it shall consider rank and length of service. The Missouri State Water patrol is exempted from the merit system under Chapter 36, RSMo.
SECTION 306.111
Under this section, it is possible for a person to commit the crimes of negligent operation of a vessel, operating a vessel while intoxicated, involuntary manslaughter with a vessel, and assault with a vessel in the second degree on any water of the state, rather than only the Mississippi River, Missouri River, or the lakes of this state.
SECTIONS 306.112, 306.116, & 306.117
Under this section, a person commits the crime of operating a vessel with excessive blood alcohol content (BAC) if such person operates a vessel with a BAC of .08 rather than .10.
A person found guilty of or pleading guilty to operating a vessel with excessive BAC for a second time within ten years of a first offense shall be guilty of a Class A misdemeanor and shall be given a minimum probation period of two years with a loss of boat operating privilege for one year from the date of judgement.
A person found guilty of or pleading guilty to operating a vessel with excessive BAC for a third time within twenty years of a first offense shall be guilty of a Class D felony and shall be given a minimum probation period of three years with a loss of boat operating privilege for five years from the date of judgement.
Any person operating a vessel on the waters of this state, rather than only the Mississippi River, Missouri River, or the lakes of the state, shall be deemed to have given consent to BAC testing if arrested for boating while intoxicated or boating with an excessive BAC.
In court, it shall be presumed that a person was not intoxicated if such person's BAC was .05 or less. If the person's BAC was more than .05 but less than .08, the fact shall not give rise to any presumption regarding the person's intoxication, but may be considered as evidence of intoxication. If the person's BAC was more than .08, it shall be prima facie evidence that the person was intoxicated while boating.
SECTION 306.118
This section creates the classifications of "prior", "persistent", "aggravated", and "chronic" for repeat intoxication-related boating offenders. The penalties for each classification of offenders increase respectively based on the number and severity of the offenses committed. The penalties in this section treat persons found guilty of or pleading guilty to intoxication-related boating offenses in a similar manner as persons pleading guilty to or found guilty to intoxication-related traffic offenses.
No court shall suspend the imposition of sentence for prior, persistent, aggravated, or chronic offenders or allow a person to pay a fine instead of serving a prison term. This section also sets a minimum amount of time that such offenders must serve before being eligible for probation or parole.
This section also outlines the requirements that must be met to prove a person is a prior, persistent, aggravated, or chronic offender and provides the same court procedure for intoxication-related boating cases as for intoxication-related traffic offender cases.
SECTION 565.082
This section expands the crime of assault of a law enforcement officer in the second degree to include operating a motorboat while in an intoxicated condition and when doing so, acting with criminal negligence to cause physical injury to an officer.
This act contains an emergency clause.
This act is similar to HCS/HB 461 (2007) & SCS/SB 235 (2007).
SUSAN HENDERSON MOORE