HS HCS HB 738 -- ZERO TOLERANCE (Hosmer)

This substitute makes several changes to the law regarding
alcohol-related driving offenses.

The substitute:

(1) Revises current zero tolerance law by deeming that drivers
under 21 years of age have given implied consent to chemical
testing for drug or alcohol content.  As a result, the minor
driver lawfully stopped or detained by a law enforcement officer
with reasonable grounds to believe the minor was driving under
the influence of drugs or alcohol may be asked to undergo blood
alcohol content (BAC) testing.  The minor's refusal will result
in license suspension or revocation for one year;

(2) Establishes that the crimes of involuntary manslaughter,
vehicular manslaughter by an intoxicated person, second degree
assault, second degree assault of a law enforcement officer,
when committed by use of a motor vehicle while in an intoxicated
condition are intoxication-related traffic offenses.  A
persistent offender is a person who has been convicted of any
one of these offenses;

(3) Amends the hardship driving privileges to allow a person
whose operator's license was revoked for a period of 5 years
because of 2 DWI convictions to obtain a hardship driving permit
after 2 years of revocation and a showing the person is not
otherwise ineligible for a limited driving privilege;

(4) Defines and changes the penalty for the crime of vehicular
manslaughter by an intoxicated person. Vehicular manslaughter by
an intoxicated person is defined as the criminally negligent act
of operating a motor vehicle while intoxicated that causes the
death of any person. The punishment for vehicular manslaughter
by an intoxicated person is a class B felony.  The range of
imprisonment for a class B felony is 5 to 15 years.  Under
current law, the operation of a motor vehicle in an intoxicated
condition resulting in the death of another person is deemed
involuntary manslaughter, which is a class C felony.  The
maximum prison term is not to exceed 7 years.  The bill also
requires a person convicted of or who has pled guilty to 2 or
more alcohol related municipal violations within one year to
serve a minimum sentence of 30 days incarceration.

(5) Establishes an additional category of careless and imprudent
driving.  Careless and imprudent driving with aggravating
circumstances occurs where the driver has failed to exercise the
highest degree of care that results in serious physical injury
to another person.  Careless and imprudent driving with
aggravating circumstances is a 6 point statutory point penalty.
Under current law, careless and imprudent driving warrants a 2
or 4 point statutory penalty depending on the location of the
violation or the circumstances of the offense. The substitute
also makes careless and imprudent driving with aggravating
circumstances a class A misdemeanor.  Under current law,
careless and imprudent driving is a class B misdemeanor; and

(6) Allows the records on a person's first alcohol related
offense to remain closed to the public, so long as the person
has received a suspended imposition of sentence.  The record
remains available to other governmental agencies for penalty
enhancement purposes.

This substitute has an emergency clause

FISCAL NOTE:  No impact on state funds.

HCS HB 738 -- ZERO TOLERANCE

CO-SPONSORS:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 15 to 0.

This substitute makes several changes to the law regarding
alcohol-related driving offenses.

The substitute:

(1) Revises current zero tolerance legislation by deeming that
under 21 years of age drivers have given implied consent to
chemical testing for drug or alcohol content.  As a result, the
minor driver lawfully stopped or detained by a law enforcement
officer with reasonable grounds to believe the minor was driving
under the influence of drugs or alcohol may be asked to undergo
blood alcohol content (BAC) testing.  The minor's refusal will
result in license suspension or revocation for one year;

(2) Establishes that the crimes of involuntary manslaughter,
vehicular manslaughter by an intoxicated person, second degree
assault, second degree assault of a law enforcement officer,
when committed by use of a motor vehicle while in an intoxicated
condition are intoxication-related traffic offenses.  A
persistent offender is a person who has been convicted of any
one of these offenses;

(3) Amends the hardship driving privileges to allow a person
whose operator's license was revoked for a period of 5 years
because of 2 DWI convictions to obtain a hardship driving permit
after 2 years of revocation and a showing the person is not
otherwise ineligible for a limited driving privilege; and

(4) Defines and changes the penalty for the crime of vehicular
manslaughter by an intoxicated person. Vehicular manslaughter by
an intoxicated person is defined as the criminally negligent act
of operating a motor vehicle while intoxicated that causes the
death of any person. The punishment for vehicular manslaughter
by an intoxicated person is a class B felony.  The range of
imprisonment for a class B felony is 5 to 15 years.  Under
current law, the operation of a motor vehicle in an intoxicated
condition resulting in the death of another person is deemed
involuntary manslaughter, which is a class C felony.  The
maximum prison term is not to exceed 7 years.  The bill also
requires a person convicted of or who has pled guilty to 2 or
more alcohol related municipal violations within one year to
serve a minimum sentence of 30 days incarceration.

This substitute has an emergency clause

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the legislation provides a
clean-up to zero tolerance legislation passed in 1996 that could
not be effectively enforced.  The legislation also provides
penalty enhancement for persons who are convicted of vehicular
manslaughter while driving intoxicated.

Testifying for the bill were Representative Hosmer; Missouri
Highway Patrol; Department of Public Safety, Division of Highway
Safety; Department of Revenue; Brain Injury Association; and
Missouri Division of Alcohol and Drug Enforcement.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 738 -- Motor Vehicles

Co-Sponsors:  Hosmer, Marble, Smith, Williams (121), Sallee

This bill makes several changes to the law on alcohol-related
driving offenses.

The bill:

(1) Revises current zero tolerance legislation by deeming that
under 21 years of age drivers have given implied consent to
chemical testing for drug or alcohol content.  As a result, the
minor driver stopped for a traffic violation with observable
indicia of driving under the influence may be asked to undergo
blood alcohol content (BAC) testing.  The minor's refusal will
result in license suspension or revocation for one year;

(2) Establishes that the crimes of involuntary manslaughter,
second degree assault, second degree assault of a law
enforcement officer,  when committed by use of a motor vehicle
while in an intoxicated condition are intoxication-related
traffic offenses.  A persistent offender is a person who has
been convicted of any one of these offenses;

(3) Amends the hardship driving privileges to allow a person
whose operator's license was revoked for a period of 5 years
because of 2 DWI convictions to obtain a hardship driving permit
after 2 years of revocation and a showing the person is not
otherwise ineligible for a limited driving privilege; and

(4) Defines and enhances the penalty for the crime of vehicular
manslaughter by an intoxicated person. Vehicular manslaughter by
an intoxicated person is defined as the criminally negligent act
of operating a motor vehicle while intoxicated that causes the
death of any person. The punishment for vehicular manslaughter
by an intoxicated person is a class B felony.  The range of
imprisonment for a class B felony is 5 to 15 years.  Under
current law, the operation of a motor vehicle in an intoxicated
condition resulting in the death of another person is deemed
involuntary manslaughter, which is a class C felony.  The
maximum prison term is not to exceed 7 years.  The bill also
requires a person convicted of or who has pled guilty to 2 or
more alcohol related municipal violations within one year to
serve a minimum sentence of 30 days incarceration.