To repeal sections 302.525 and 302.745, RSMo 1994, and section 577.041, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof three new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 302.525 and 302.745, RSMo 1994, and section 577.041, RSMo Supp. 1996, are repealed and three new sections enacted in lieu thereof, to be known as sections 302.525, 302.745 and 577.041, to read as follows:

     302.525. 1. The license suspension or revocation shall become effective fifteen days after the subject person has received the notice of suspension or revocation as provided in section 302.520, or is deemed to have received the notice of suspension or revocation by mail as provided in section 302.515. If a request for a hearing is received by or postmarked to the department within that fifteen-day period, the effective date of the suspension or revocation shall be stayed until a final order is issued following the hearing; provided, that any delay in the hearing which is caused or requested by the subject person or counsel representing that person without good cause shown shall not result in a stay of the suspension or revocation during the period of delay.

     2. The period of license suspension or revocation under this section shall be as follows:

     (1) If the person's driving record shows no prior alcohol related enforcement contacts during the immediately preceding five years, the period of suspension shall be thirty days after the effective date of suspension, followed by a sixty-day period of restricted driving privilege issued by the director of revenue for the limited purpose of driving in connection with the person's business, occupation, or employment, and to and from an alcohol education or treatment program, except as provided in subdivision (3) of this subsection. The restricted driving privilege shall not be issued until he or she has filed proof of financial responsibility with the department of revenue, in accordance with chapter 303, RSMo, and is otherwise eligible. In no case shall restricted driving privileges be issued pursuant to this section or section 302.535 until the person has completed the first thirty days of a suspension under this section;

     (2) The period of revocation shall be one year if the person's driving record shows one or more prior alcohol related enforcement contacts during the immediately preceding five years;

     (3) The period of revocation shall be three years if the person refuses to submit to a chemical test for the presence of alcohol or a controlled substance in cases in which an accident involving an injury or death occurs pursuant to subsection 4 of section 302.745 or subsection 4 of section 577.041, RSMo.

     3. For purposes of this section, "alcohol related enforcement contacts" shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a vehicle while having an unlawful alcohol concentration.

     4. Where a license is suspended or revoked under this section and the person is also convicted on charges arising out of the same occurrence for a violation of section 577.010 or 577.012, RSMo, or for a violation of any county or municipal ordinance prohibiting driving while intoxicated or alcohol related traffic offense, both the suspension or revocation under this section and any other suspension or revocation under this chapter shall be imposed, but the period of suspension or revocation under sections 302.500 to 302.540 shall be credited against any other suspension or revocation imposed under this chapter, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.

     302.745. 1. All chemical tests required [herein] pursuant to this section for the enforcement of sections 302.700 to 302.780 shall be conducted using the same procedures, methods, waivers of liability, persons and facilities as those described in chapter 577, RSMo, except as provided in sections 302.700 to 302.780. Nothing contained in chapter 577, RSMo, shall be construed to require a person to be placed under arrest prior to [his] the person's being requested to submit to a chemical test [under] pursuant to this section.

     2. A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to the provisions of this section, to a chemical test or tests of [his] the person's breath, blood, saliva or urine for the purpose of determining [his] the person's alcohol concentration, or the presence of controlled substances in [his] the person's system.

     3. A test or tests may be administered for the purposes of enforcing sections 302.700 to 302.780, at the direction of a law enforcement officer, who has reason to believe that the driver was driving a commercial motor vehicle while having any amount of alcohol or controlled substances in [his] the person's system.

     4. If any vehicle is involved in an accident in which any person suffers an injury or death and a peace officer has reasonable grounds to believe that the driver of any such vehicle has consumed alcohol or used a controlled substance prior to the accident, then the officer shall administer a chemical test for the presence of alcohol or a controlled substance on such driver. If the driver refuses to submit to such chemical test, such driver's license to operate a motor vehicle shall be revoked for a period of three years as provided in subdivision (3) of subsection 2 of section 302.525.

     [4.] 5. The implied consent to submit to the chemical tests listed in [subsection] subsections 2 and 4 of this section shall be limited to not more than two such tests arising from the same arrest, stop, incident, or charge.

     [5.] 6. Upon the request of a person who is tested, full information concerning the test shall be made available to him.

     [6.] 7. Upon the trial of any person for violation of this section or upon the trial of any criminal action or violations of county or municipal ordinances arising out of acts alleged to have been committed by any person while driving a commercial motor vehicle under the influence of alcohol or controlled substances, the amount of alcohol or controlled substance in the person's blood at the time of the act alleged as shown by 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. Nothing contained in this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was operating a commercial motor vehicle while under the influence of alcohol or controlled substances.

     577.041. 1. If a person under arrest refuses upon the request of the arresting officer to submit to any test allowed under section 577.020, then none shall be given and evidence of the refusal shall be admissible in a proceeding under section 565.024 or 565.060, RSMo, or section 577.010 or 577.012. The request of the arresting officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of [his] the person's refusal to take the test may be used against him and that his license shall be immediately revoked upon his refusal to take the test. If a person when requested to submit to any test allowed under section 577.020 requests to speak to an attorney, he shall be granted twenty minutes in which to attempt to contact an attorney. If upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal. In this event, the arresting officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the arrested person and shall take possession of any license to operate a motor vehicle issued by this state which is held by that person. The arresting officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for fifteen days and shall also give the person a notice of his right to file a petition for review to contest the license revocation.

     2. The arresting officer shall make a sworn report to the director of revenue, which shall include the following:

     (1) That the officer has reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated condition;

     (2) That the arrested person refused to submit to a chemical test;

     (3) Whether the officer secured the license to operate a motor vehicle of the person;

     (4) Whether the officer issued a fifteen-day temporary permit;

     (5) Copies of the notice of revocation, the fifteen-day temporary permit and the notice of the right to file a petition for review, which notices and permit may be combined in one document; and

     (6) Any license to operate a motor vehicle which the officer has taken into possession.

     3. Upon receipt of the officer's report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person arrested be a nonresident, his operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.

     4. Notwithstanding the provisions of subsection 3 of this section, if any vehicle is involved in an accident in which any person suffers an injury or death and a peace officer has reasonable grounds to believe that the driver of any such vehicle has consumed alcohol or used a controlled substance prior to the accident, then the officer shall administer a chemical test for the presence of alcohol or a controlled substance on such driver. If the driver refuses to submit to such chemical test, such driver's license to operate a motor vehicle shall be revoked for a period of three years as provided in subdivision (3) of subsection 2 of section 302.525, RSMo.

     [4.] 5. If a person's license has been revoked because of his refusal to submit to a chemical test, he may petition for a hearing before a court of record in the county in which the arrest occurred. The person may request such court to issue an order staying the revocation until such time as the petition for review can be heard. If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director. Such order shall serve as proof of the privilege to operate a motor vehicle in this state and the director shall maintain possession of the person's license to operate a motor vehicle until termination of any revocation under this section. Upon his request the clerk of the court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the hearing on behalf of the director of revenue. At the hearing the judge shall determine only:

     (1) Whether or not the person was arrested;

     (2) Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and

     (3) Whether or not the person refused to submit to the test.

     [5.] 6. If the judge determines any issue not to be in the affirmative, he shall order the director to reinstate the license or permit to drive.

     [6.] 7. Requests for review as provided in this section shall go to the head of the docket of the court wherein filed.

     [7.] 8. No person who has had a license to operate a motor vehicle suspended or revoked under the provisions of this section shall have that license reinstated until such person has participated in and successfully completed a substance abuse traffic offender program defined in section 577.001, except the department or the court may waive such requirement upon completion of a comparable program or upon good cause shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, RSMo, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court.

     [8.] 9. The fees for the substance abuse traffic offender program, or a portion thereof to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person enrolled in the program. Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars. The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fee for all persons enrolled in the program, less two percent for administrative costs. The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.