To repeal sections 43.506, 82.1000, 302.060, 302.505, 302.510, 302.520, 302.541, 577.012, 577.037 and 577.039, RSMo 1994, and sections 302.171 and 302.302, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 43.506, 82.1000, 302.060, 302.505, 302.510, 302.520, 302.541, 577.012, 577.037 and 577.039, RSMo 1994, and sections 302.171 and 302.302, RSMo Supp. 1995, are repealed and thirteen new sections enacted in lieu thereof to be known as sections 43.506, 82.1000, 302.060, 302.171, 302.302, 302.505, 302.510, 302.520, 302.541, 577.012, 577.037, 577.039 and 610.127, to read as follows:

43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 to 43.530 include all felonies and serious or aggravated misdemeanors consistent with the reporting standards established by the National Crime Information Center, Federal Bureau of Investigation, for the Federal Interstate Identification Index System. In addition, all cases arising under sections 566.010 to 566.141, RSMo, where the defendant pleads guilty to an offense involving a child under seventeen years of age and the court imposes a suspended imposition of

sentence shall be reported. The following types of offenses will not be considered reportable for the purposes of sections 57.403, RSMo, 43.500 to 43.530, and 595.200 to 595.218, RSMo: disturbing the peace, curfew violation, loitering, false fire alarm, disorderly conduct, nonspecific charges of suspicion or investigation, and general traffic violations and all misdemeanor violations of the state wildlife code. [Second and subsequent offense traffic] All violations for driving under the influence of drugs or alcohol are reportable. All offenses considered reportable shall be reviewed annually and noted in the Missouri charge code manual established in section 43.512. All information collected under sections 43.500 to 43.530 shall be available only as set forth in section 610.120, RSMo.

2. With the exception of the manual reporting of arrests and fingerprints by law enforcement agencies as noted in subsection 2 of section 43.503, and notwithstanding subsections 2 to 7 of section 43.503, law enforcement agencies, court clerks, prosecutors and custody agencies may report required information by electronic medium either directly to the central repository or indirectly to the central repository via other criminal justice agency computer systems in the state with the approval of the advisory committee.

3. In addition to the repository of fingerprint records for individual offenders, the central repository of criminal history records for the state shall maintain a repository of latent prints.

82.1000. 1. In addition to forfeiture proceedings pursuant to sections 513.600 to 513.645, RSMo, the governing body of any constitutional charter city having a population of more than one hundred thousand inhabitants and located within a county of the first classification that adjoins no other county of the first classification may enact ordinances which would subject to forfeiture any motor vehicle operated by a person with one or more prior convictions for an intoxication-related traffic offense, as defined in section 577.023, RSMo, and who is prohibited from obtaining a license to operate a motor vehicle by the director of revenue pursuant to subdivision (9) or (10) of section 302.060, RSMo, or who has his license to operate a motor vehicle suspended or revoked, as a result of a finding or a plea of guilty to:

(1) Any intoxication-related traffic offense as defined in section 577.023, RSMo; or

(2) Involuntary manslaughter as a result of operating a motor vehicle while in an intoxicated condition as defined in section 565.024, RSMo.

Such forfeiture pursuant to this subsection shall only be allowed if such person operates a motor vehicle while his license to operate a motor vehicle is under such a suspension or revocation.

2. The ordinance allowing forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who is classified as a prior offender or persistent offender pursuant to section 577.023, RSMo, after the effective date of such ordinance, except that a judgment of forfeiture may only be rendered if there is a conviction of an intoxication-related traffic offense which causes the owner of the motor vehicle to be classified as a prior or persistent offender.

3. The ordinance allowing the forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who has previously been [adjudicated in a prior criminal proceeding to be either a persistent offender or a prior offender] convicted of two or more intoxication-related traffic offenses, as defined in section 577.023, RSMo, and who thereafter, pursuant to a chemical test conducted in accordance with sections 577.020 to 577.041, RSMo, is determined upon probable cause to have been driving a motor vehicle with a blood-alcohol concentration equal to or greater than the blood-alcohol percentage concentration specified in subsection 1 of section 302.520, RSMo, or any such person who, pursuant to section 577.041, RSMo, has been requested to submit to a chemical test as described under that section, and refused to submit to such test. [No ordinance allowing forfeiture shall apply to any person who has received an otherwise lawful license or permit to operate a motor vehicle.]

4. All forfeiture proceedings pursuant to this section shall be conducted in accordance with sections 513.600 to 513.645, RSMo, except the forfeiture proceeding shall be brought by the city attorney for the city which enacted such ordinances.

5. The ordinance shall also provide that any person claiming an ownership interest in the motor vehicle subject to forfeiture shall have all the defenses to the forfeiture proceeding available to them which they may be entitled to raise under sections 513.600 to 513.645, RSMo. The ordinance shall further provide that, in the event the title documents registered with the department of revenue for the motor vehicle subject to forfeiture, at the time of the action giving rise to the forfeiture proceeding, list persons as owners or coowners of the vehicle in addition to or other than the operator, and the nonoperator owner of the motor vehicle has not previously been the operator or the owner of, a motor vehicle which has been the subject of a forfeiture proceeding authorized by this section, the motor vehicle shall be returned to the nonoperator registered owner and all costs associated with the seizure, towing, storage and impoundment of the vehicle, and the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the owners or the operator of [said] the vehicle. To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle in the event such motor vehicle is subsequently operated by the same operator [while in an intoxicated condition] under circumstances which would allow the municipality to seek forfeiture of such vehicle under the ordinance enacted pursuant to this section.

302.060. The director shall not issue any license and shall immediately deny any driving privilege held hereunder:

(1) To any person who is under the age of eighteen years, if such person operates a motor vehicle in the transportation of persons or property as classified in section 302.015;

(2) To any person who is under the age of sixteen years, except as hereinafter provided;

(3) To any person whose license has been suspended, during such suspension, or to any person whose license has been revoked, until the expiration of one year after such license was revoked;

(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;

(5) To any person who has previously been adjudged to be incapacitated and who at the time of application has not been restored to partial capacity;

(6) To any person who, when required by this law to take an examination, has failed to pass such examination;

(7) To any person who has an unsatisfied judgment against him, as defined in chapter 303, RSMo, until such judgment has been satisfied or the financial responsibility of such person, as defined in section 303.120, RSMo, has been established;

(8) To any person whose application shows that he has been convicted within one year prior to such application of violating the laws of this state relating to failure to stop after an accident and to disclose his identity or driving a motor vehicle without the owner's consent;

(9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance[,] where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court of the county in which such last conviction was rendered and the court shall review the person's habits and conduct since such conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that his habits and conduct show him to no longer pose a threat to the public safety of this state, the court may order the director to issue a license to the petitioner if he is otherwise qualified under the provisions of sections 302.010 to 302.540. No person may obtain a license under the provisions of this subdivision through court action more than one time;

(10) To any person who has been convicted twice within a five-year period of violating state law, or a county or municipal ordinance[,] where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, of driving while intoxicated, or who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. The director shall not issue a license to such person for five years from the date such person was convicted for involuntary manslaughter while operating a motor vehicle in an intoxicated condition or for driving while intoxicated for the second time. Any person who has been denied a license for two convictions of driving while intoxicated prior to July 27, 1989, shall have his license issued, upon application, unless the two convictions occurred within a five-year period, in which case, no license shall be issued to the person for five years from the date of the second conviction;

(11) To any person who is otherwise disqualified under the provisions of sections 302.010 to 302.780, chapter 303, RSMo, or section 544.046, RSMo.

302.171. 1. Application for a license shall be made upon an approved form furnished by the director. Every application shall state the full name, social security number, age, height, weight, color of eyes, color of hair, sex, residence, mailing address of the applicant, and the classification for which the applicant has been licensed, and, if so, when and by what state, and whether or not such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, revocation or disqualification and whether the applicant is making a one dollar donation to promote an organ donation program as prescribed in subsection 2 of this section. The application shall also contain such information as the director may require to enable him to determine the applicant's qualification for driving a motor vehicle; and shall state whether or not the applicant has been convicted in this or any other state for violating the laws of this or any other state or any ordinance of any municipality, relating to careless driving, or driving while intoxicated, or failing to stop after an accident and disclosing his identity, or driving a motor vehicle without the owner's consent. The application shall contain a certification by the applicant as to the truth of the facts stated therein. Every person who applies for a license to operate a motor vehicle who is less than twenty-one years of age shall be provided with educational materials relating to the hazards of driving while intoxicated, including information on penalties imposed by law for violation of the intoxication-related driving offenses of the state.

2. An applicant for a license may make a donation of one dollar to promote an organ donor program. The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the organ donor program fund established in sections 194.297 to 194.304, RSMo. Moneys in the organ donor program fund shall be used solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs. The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license. The director shall make available an informational booklet or other informational sources on the importance of organ donations to applicants for licensure as designed by the organ donation advisory committee established in sections 194.297 to 194.304, RSMo. The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one dollar donation prescribed in this subsection and whether the applicant is interested in making an organ donation and shall also specifically inform the licensee of the ability to make an organ donation by completing the form on the reverse of the license that the applicant will receive in the manner prescribed by subsection 6 of section 194.240, RSMo. The director shall notify the department of health of information obtained from applicants who indicate to the director that they are interested in making organ donations, and the department of health shall enter only the complete name and address in the registry established in subsection 1 of section 194.304, RSMo.

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal traffic ordinance not listed in this section, other than a violation of vehicle equipment provisions

...................................................... 2 points (except any violation of municipal stop sign ordinance where no accident is involved.................................. 1 point)

(2) Speeding In violation of a state law........ 3 points In violation of a county or municipal ordinance ...... 2 points

(3) Leaving the scene of an accident in violation of section 577.060, RSMo ............................... 12 points In violation of any county or municipal ordinance .... 6 points

(4) Careless and imprudent driving in violation of subsection 4 of section 304.016, RSMo .................4 points In violation of a county or municipal ordinance ...... 2 points

(5) Operating without a license after suspension

or revocation and prior to restoration of operating

privileges which have been suspended or revoked...... 12 points

(6) Obtaining a license by misrepresentation .. 12 points

(7) For the first conviction of driving while

in an intoxicated condition or under the influence

of controlled substances or drugs .................... 8 points

(8) For the second or subsequent conviction of

[driving while in an intoxicated condition or under

the influence of controlled substances or drugs or

for the second or any subsequent conviction for

driving with blood alcohol content of ten-hundredths

of one percent or more by weight or for the first

conviction of driving while in an intoxicated condition

or under the influence of controlled substances or

drugs after a previous conviction for driving with

blood alcohol content of ten-hundredths of one percent

or more by weight or for the first conviction of

driving with blood alcohol content of ten-hundredths

of one percent or more by weight after a previous

conviction for driving while in an intoxicated

condition or under the influence of controlled

substances or drugs] any combination of the following

offenses: driving while in an intoxicated condition,

driving under the influence of controlled substances

or drugs, driving with a blood alcohol content of

ten-hundredths of one percent or more by weight or

for anyone under twenty-one years of age at the time

of the offense for driving with two-hundredths of

one percent or more blood alcohol content pursuant

to section 577.012, RSMo .............................. 12 points

(9) For the first conviction for driving with

blood alcohol content ten-hundredths of one percent

or more by weight or, where the person was less than twenty-one years of age at the time of the offense, for the first conviction of driving with a blood alcohol content of two-hundredths of one percent or more by weight, pursuant to section 577.012, RSMo

In violation of state law .......................... [6] 8 points

In violation of a county or municipal ordinance .....[6] 8 points

(10) Any felony involving the use of a motor

vehicle .............................................. 12 points

(11) Knowingly permitting unlicensed operator to operate a motor vehicle ...........................................4 points

2. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

3. When any of the acts listed in subdivision (2), (3), (4) or (7) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (7), (8) and (9) of subsection 1 of this section, no person shall be tried or convicted for more than one offense under subdivisions (7), (8) and (9) of subsection 1 of this section for offenses arising out of the same occurrence.

4. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation under subdivision (1), (2), or (4) of subsection 1 of this section or under subsection 2 of this section. For the purposes of this subsection, the driver improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety under sections 302.133 to 302.138. The completion of a driver improvement program or a motorcycle rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and must be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction under the provisions of this subsection shall, within fifteen days after completion of the driver improvement program or motorcycle rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

302.505. 1. The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe [he] such person was driving a motor vehicle while the alcohol concentration in the person's blood or breath was ten-hundredths of one percent or more by weight [of alcohol in his blood], based on the definition of alcohol concentration in section 302.500, or where such person was less than twenty-one years of age when arrested and was arrested upon probable cause to believe such person was driving with two-hundredths of one percent or more blood alcohol content, pursuant to section 577.012, RSMo.

2. The department shall make a determination of these facts on the basis of the report of a law enforcement officer required in section 302.510, and this determination shall be final unless a hearing is requested and held. If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.

3. The determination of these facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of those criminal charges shall not affect any suspension or revocation under this section.

302.510. 1. Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person for a violation of section 577.010 or 577.012, RSMo, or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or driving with two-hundredths of one percent or more of alcohol in the person's blood for anyone less than twenty-one years of age or for a county or municipal alcohol related traffic offense, and in which the alcohol concentration in the person's blood or breath was ten-hundredths of one percent or more by weight or two-hundredths of one percent or more by weight for anyone less than twenty-one years of age, shall forward to the department a verified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated section 577.010 or 577.012, RSMo, or a county or municipal ordinance prohibiting driving while intoxicated or driving with two-hundredths of one percent or more of alcohol in the person's blood for anyone less than twenty-one years of age or a county or municipal alcohol related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.

2. The report required by this section shall be made on forms supplied by the department or in a manner specified by regulations of the department.

3. A county or municipal ordinance prohibiting driving while intoxicated or driving with two-hundredths of one percent or more of alcohol in the person's blood for anyone less than twenty-one years of age or a county or municipal alcohol related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to 302.540, unless the arresting law enforcement officer, other than an elected peace officer or official, has been certified by the director of the department of public safety pursuant to the provisions of sections 590.100 to 590.150, RSMo.

302.520. 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of ten-hundredths of one percent or more by weight of alcohol in [his] such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.

2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform [him of his] the person of all rights and responsibilities under sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may sign the original as evidence of [his] receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.

3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession under this section shall be forwarded to the department by the officer along with the report required in section 302.510.

4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.

302.541. 1. In addition to other fees required by law, any person who has had [his] a license to operate a motor vehicle suspended or revoked following a determination, under section 302.505[, RSMo], or section 577.010, 577.012, 577.041 or 577.510, RSMo, or any county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney, that [he] such person was driving while intoxicated or with a blood alcohol content of ten-hundredths of one percent or more by weight or was at the time of the arrest less than twenty-one years of age and was driving with a blood alcohol content of two-hundredths of one percent or more by weight, shall pay an additional fee of twenty-five dollars prior to the reinstatement or reissuance of [his] the license.

2. Any person less than twenty-one years of age whose driving privilege has been suspended or revoked solely for a first determination under sections 302.500 to 302.540 that such person was driving with two-hundredths of one percent or more blood alcohol content is exempt from filing proof of financial responsibility with the department of revenue in accordance with chapter 303, RSMo, as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege as provided by section 302.525.

577.012. 1. A person commits the crime of "driving with excessive blood alcohol content" if [he] such person operates a motor vehicle in this state with ten-hundredths of one percent or more by weight of alcohol in [his] such person's blood.

2. A person commits the crime of "driving with two-hundredths of one percent or more blood alcohol content" if such person is less than twenty-one years of age and operates a motor vehicle in this state with two-hundredths of one percent or more of alcohol by weight in such person's blood.

3. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

[3.] 4. For the first offense, driving with excessive blood alcohol content or driving with two-hundredths of one percent or more blood alcohol content is a class C misdemeanor.

5. A person may not be charged with driving with excessive blood alcohol content and driving with two-hundredths of one percent or more blood alcohol content for conduct arising out of the same incident.

577.037. 1. Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there [were] was ten-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

3. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

4. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health.

5. Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than ten-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

(1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

(2) There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; [or]

(3) There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant;

(4) The defendant was charged with a violation of driving with two-hundredths of one percent or more blood alcohol content and the chemical analysis showed such amount of alcohol in such person's blood and such person was less than twenty-one years of age at the time of the offense.

577.039. An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 577.010 or 577.012 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the section, whether or not the violation occurred in the presence of the arresting officer[; provided, however, that any such arrest without warrant must be made within one and one-half hours after such claimed violation occurred].

610.127. A first conviction of any person who commits the crime of "driving with two-hundredths of one percent or more blood alcohol content" pursuant to subsection 2 of section 577.012 shall be expunged if the person is not convicted of any "intoxication-related traffic offense" pursuant to section 577.023, RSMo, within five years after the date of the first conviction.