HB0071 Williams, Deleta Sallee, Mary Lou et al

C O M M I T T E E

HB 71, HCA 1 -- YOUTH DRIVING AND ALCOHOL

CO-SPONSORS: Williams (12), Sallee

COMMITTEE ACTION: Voted "do pass" by the Committee on Science, Technology and Critical Issues by a vote of 16 to 0.

The bill creates the crime of driving with a positive blood alcohol content. A person below the age of 21 who has a blood alcohol content of .02% or greater while driving is guilty of driving with a positive blood alcohol content. Violation is a Class C misdemeanor.

In addition, the bill:

(1) Requires the Department of Revenue to suspend or revoke the license of any person below the age of 21 arrested with probable cause to believe that the person was driving with a blood alcohol content of .02% or greater;

(2) Requires law enforcement officers to take possession of the driver's license of a person less than 21 still in the officer's custody, if the person's blood alcohol content exceeds .02%. In addition, the bill requires the law enforcement officer to issue a 15-day permit to the person and to provide the person with notice of their rights;

(3) Requires law enforcement officers to forward arrest reports to the Department of Revenue when an arrest is made for the crime of driving with a positive blood alcohol content;

(4) Provides that a person less than 21 years of age, who is convicted of driving with a positive blood alcohol content will not be required to file proof of financial responsibility as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege; and

(5) Requires the Director of the Department of Revenue to provide educational materials to license applicants under the age of 21 on the hazards of driving while intoxicated.

HCA 1 -- makes technical changes to the bill and prohibits the expungement after 4 years of alcohol related traffic offense arrest, plea, trial and conviction records if the less than 21 year old offender is found guilty of or pled guilty to operating a commercial motor vehicle, with a blood alcohol content of at least .04 percent.

FISCAL NOTE: Not available at time of this printing.

PROPONENTS: Supporters say the bill will save the lives of individuals 15-20 years old who are three times more likely to be involved in a fatal DWI accidents than individuals over 21. Similar bills have been passed by more than 20 states and studies show that the effect has been a 17% decrease in fatal single car nighttime alcohol related crashes. A tough clear message will be sent to juvenile drivers to not drink and drive.

Testifying for the bill were: Representatives Williams and Sallee; Chairman DWI Task Force, Missouri Division of Public Safety; Missouri Association of Community Task Forces-Ava, Missouri Chapter; American Medical Association; Missouri Highway Patrol, Division of Alcohol Abuse; Missouri Safety Council; Missouri Advocates for Traffic Safety; Department of Public Safety; Missouri Head Injuries Association; and Gregory Hawkins a St. Louis Police Officer

OPPONENTS: There was no opposition voiced to the committee.

Michael Warrick, Research Analyst