HB 124 -- Alcohol-Related Driving Offenses

Sponsor:  Gaskill

This bill enhances the penalties for alcohol related driving
offenses.

The bill:

(1)  Makes a person guilty of the crime of driving with
excessive blood alcohol content, if the person operates a motor
vehicle with .08% or more blood alcohol content.  Under current
law, .10% or more blood alcohol content is required for a blood
alcohol content violation;

(2)  Provides procedures for suspending and revoking the
driver's license of persons who are stopped for driving with
.08% or more blood alcohol content;

(3)  Increases the period of driver's license suspension for
alcohol related driving offenses.  The driving privileges of a
person with no prior alcohol related driving offenses in the
preceding 5 years will be suspended for 60 days, followed by 120
days of restricted driving privileges.  An offender with a prior
alcohol related driving offense within the preceding 5 years,
suffers a driver's license suspension of 2 years.  Under current
law, an offender with no prior alcohol-related driving offenses
in the preceding 5 years, receives a driver's license suspension
for 30 days followed by a 60 day period of restricted driving.
A prior alcohol-related driving offender's driving privileges
are suspended for one year;

(4)  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 60 days incarceration;

(5)  Makes it a class B felony to commit 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.  Under current law, the operation of a
motor vehicle in an intoxicated condition resulting in the death
of another person is deemed involuntary manslaughter, a class C
felony carrying maximum prison term not to exceed 7 years.  The
sentencing range for a class B felony is not less than 5 years
and not more than 15 years;

(6)  Allows any municipality to enact ordinances permitting the
forfeiture of any motor vehicle operated by (a) a person with
one or more prior convictions for an intoxicated-related traffic
offense; (b) a person prohibited from obtaining a license to
operate a motor vehicle by the Director of Revenue; or (c) a
person who has a license suspended or revoked as a result of a
finding or a plea of guilty to any intoxication-related traffic
offense or to involuntary manslaughter while operating a motor
vehicle in an intoxicated condition.  Under current law, the
city of Springfield is the only municipality with these
forfeiture provisions; and

(7)  Makes a person guilty of operating a vessel with excessive
blood alcohol content, if the person operates a vessel on state
waterways with .08% or more blood alcohol content.