Fiscal Note - SB 0451 - Authorizes Chemical Testing of Zero Tolerance Violators
L.R. NO. 1752-01
BILL NO. SB 451
SUBJECT: Alcohol; Drunk Driving/Boating; Criminal Procedure
TYPE: Original
DATE: March 12, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Public Safety - Missouri State Highway Patrol
and Missouri State Water Patrol, Office of the State Public Defender, Office
of Prosecution Services, Department of Revenue, Missouri Sheriffs'
Association and Missouri Department of Transportation assume that this
proposal would have no fiscal impact to their agencies.
Officials of the State Courts Administrator assumed that there could be a few
administrative suspensions appealed to the courts, but they would not expect
a significant number.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would amend the Zero Tolerance Law (SB 722 - 1996) so that a
person under age twenty-one who was stopped for a zero tolerance violation
grants prior consent to undergo a breathalyzer test. Under current law, such
person may refuse to take the test without getting his/her license revoked.
A person would be deemed to have given prior consent to a breathalyzer test
conducted by a law enforcement officer when: 1) an officer had reasonable
grounds to stop a person under twenty-one who appeared to have a blood
alcohol content (BAC) of 0.02% or greater; or 2) an officer had reasonable
grounds to stop a person under twenty-one for a traffic offense and, after
making such stop, had reasonable grounds to believe such person had a BAC of
0.02% or greater.
Under current law, prior consent is only given if an officer arrests a person
because such person appears to be in an intoxicated condition. A person who
refuses to take a breathalyzer or other chemical test shall have his/her
license suspended for one year.
This proposal contains an emergency clause.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Public Safety - Missouri State Water Patrol
Department of Public Safety - Missouri State Highway Patrol
State Courts Administrator
Office of Prosecution Services
Department of Revenue
Missouri Department of Transportation
Missouri Sheriffs' Association
State Public Defender
Office of the Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.