HOUSE BILL NO. 1740 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GRIFFITH.
5381H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 302.304, 302.440, 302.525, 302.574, and 577.010, RSMo, and to enact in lieu thereof five new sections relating to driving while intoxicated, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.304, 302.440, 302.525, 302.574, and 577.010, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 302.304, 3 302.440, 302.525, 302.574, and 577.010, to read as follows: 302.304. 1. The director shall notify by ordinary mail any operator of the point value 2 charged against the operator's record when the record shows four or more points have been 3 accumulated in a twelve-month period. 4 2. In an action to suspend or revoke a license or driving privilege under this section 5 points shall be accumulated on the date of conviction. No case file of any conviction for a 6 driving violation for which points may be assessed pursuant to section 302.302 may be closed 7 until such time as a copy of the record of such conviction is forwarded to the department of 8 revenue. 9 3. The director shall suspend the license and driving privileges of any person whose 10 driving record shows the driver has accumulated eight points in eighteen months. 11 4. The license and driving privilege of any person whose license and driving privilege 12 have been suspended under the provisions of sections 302.010 to 302.540 except those 13 persons whose license and driving privilege have been suspended under the provisions of 14 subdivision (8) of subsection 1 of section 302.302 or has accumulated sufficient points 15 together with a conviction under subdivision (10) of subsection 1 of section 302.302 and who
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1740 2
16 has filed proof of financial responsibility with the department of revenue, in accordance with 17 chapter 303, and is otherwise eligible, shall be reinstated as follows: 18 (1) In the case of an initial suspension, thirty days after the effective date of the 19 suspension; 20 (2) In the case of a second suspension, sixty days after the effective date of the 21 suspension; 22 (3) In the case of the third and subsequent suspensions, ninety days after the effective 23 date of the suspension. 24 25 Unless proof of financial responsibility is filed with the department of revenue, a suspension 26 shall continue in effect for two years from its effective date. 27 5. The period of suspension of the driver's license and driving privilege of any person 28 under the provisions of subdivision (8) of subsection 1 of section 302.302 or who has 29 accumulated sufficient points together with a conviction under subdivision (10) of subsection 30 1 of section 302.302 shall be thirty days, followed by a sixty-day period of restricted driving 31 privilege as defined in section 302.010. Upon completion of such period of restricted driving 32 privilege, upon compliance with other requirements of law and upon filing of proof of 33 financial responsibility with the department of revenue, in accordance with chapter 303, the 34 license and driving privilege shall be reinstated. If a person, otherwise subject to the 35 provisions of this subsection, files proof of installation with the department of revenue that 36 any vehicle operated by such person is equipped with a functioning, certified ignition 37 interlock device, there shall be no period of suspension. However, in lieu of a suspension the 38 person shall instead complete a ninety-day period of restricted driving privilege. If the person 39 fails to maintain such proof of the device with the director of revenue as required, the 40 restricted driving privilege shall be terminated. Upon completion of such ninety-day period 41 of restricted driving privilege, upon compliance with other requirements of law, and upon 42 filing of proof of financial responsibility with the department of revenue, in accordance with 43 chapter 303, the license and driving privilege shall be reinstated. However, if the monthly 44 monitoring reports during such ninety-day period indicate that the ignition interlock device 45 has registered a confirmed blood alcohol concentration level above the alcohol setpoint 46 established by the department of transportation or such reports indicate that the ignition 47 interlock device has been tampered with or circumvented, then the license and driving 48 privilege of such person shall not be reinstated until the person completes an additional thirty- 49 day period of restricted driving privilege. 50 6. If the person fails to maintain proof of financial responsibility in accordance with 51 chapter 303, or, if applicable, if the person fails to maintain proof that any vehicle operated is HB 1740 3
52 equipped with a functioning, certified ignition interlock device installed pursuant to 53 subsection 5 of this section, the person's driving privilege and license shall be resuspended. 54 7. The director shall revoke the license and driving privilege of any person when the 55 person's driving record shows such person has accumulated twelve points in twelve months or 56 eighteen points in twenty-four months or twenty-four points in thirty-six months. The 57 revocation period of any person whose license and driving privilege have been revoked under 58 the provisions of sections 302.010 to 302.540 and who has filed proof of financial 59 responsibility with the department of revenue in accordance with chapter 303 and is otherwise 60 eligible, shall be terminated by a notice from the director of revenue after one year from the 61 effective date of the revocation. Unless proof of financial responsibility is filed with the 62 department of revenue, except as provided in subsection 2 of section 302.541, the revocation 63 shall remain in effect for a period of two years from its effective date. If the person fails to 64 maintain proof of financial responsibility in accordance with chapter 303, the person's license 65 and driving privilege shall be rerevoked. Any person whose license and driving privilege 66 have been revoked under the provisions of sections 302.010 to 302.540 shall, upon receipt of 67 the notice of termination of the revocation from the director, pass the complete driver 68 examination and apply for a new license before again operating a motor vehicle upon the 69 highways of this state. 70 8. If, prior to conviction for an offense that would require suspension or revocation of 71 a person's license under the provisions of this section, the person's total points accumulated 72 are reduced, pursuant to the provisions of section 302.306, below the number of points 73 required for suspension or revocation pursuant to the provisions of this section, then the 74 person's license shall not be suspended or revoked until the necessary points are again 75 obtained and accumulated. 76 9. If any person shall neglect or refuse to surrender the person's license, as provided 77 herein, the director shall direct the state highway patrol or any peace or police officer to 78 secure possession thereof and return it to the director. 79 10. Upon the issuance of a reinstatement or termination notice after a suspension or 80 revocation of any person's license and driving privilege under the provisions of sections 81 302.010 to 302.540, the accumulated point value shall be reduced to four points, except that 82 the points of any person serving as a member of the Armed Forces of the United States 83 outside the limits of the United States during a period of suspension or revocation shall be 84 reduced to zero upon the date of the reinstatement or termination of notice. It shall be the 85 responsibility of such member of the Armed Forces to submit copies of official orders to the 86 director of revenue to substantiate such overseas service. Any other provision of sections 87 302.010 to 302.540 to the contrary notwithstanding, the effective date of the four points HB 1740 4
88 remaining on the record upon reinstatement or termination shall be the date of the 89 reinstatement or termination notice. 90 11. No credit toward reduction of points shall be given during periods of suspension 91 or revocation or any period of driving under a limited driving privilege granted by a court or 92 the director of revenue. 93 12. Any person or nonresident whose license or privilege to operate a motor vehicle 94 in this state has been suspended or revoked under this or any other law shall, before having 95 the license or privilege to operate a motor vehicle reinstated, pay to the director a 96 reinstatement fee of twenty dollars which shall be in addition to all other fees provided by 97 law. 98 13. Notwithstanding any other provision of law to the contrary, if after two years from 99 the effective date of any suspension or revocation issued under this chapter, except any 100 suspension or revocation issued under section 302.410, 302.462, or 302.574, the person or 101 nonresident has not paid the reinstatement fee of twenty dollars, the director shall reinstate 102 such license or privilege to operate a motor vehicle in this state. Any person who has had his 103 or her license suspended or revoked under section 302.410, 302.462, or 302.574, shall be 104 required to pay the reinstatement fee. 105 14. No person who has had a license to operate a motor vehicle suspended or revoked 106 as a result of an assessment of points for a violation under subdivision (8), (9) or (10) of 107 subsection 1 of section 302.302 shall have that license reinstated until such person has 108 participated in and successfully completed a substance abuse traffic offender program defined 109 in section 302.010, or a program determined to be comparable by the department of mental 110 health. Assignment recommendations, based upon the needs assessment as described in 111 subdivision (24) of section 302.010, shall be delivered in writing to the person with written 112 notice that the person is entitled to have such assignment recommendations reviewed by the 113 court if the person objects to the recommendations. The person may file a motion in the 114 associate division of the circuit court of the county in which such assignment was given, on a 115 printed form provided by the state courts administrator, to have the court hear and determine 116 such motion pursuant to the provisions of chapter 517. The motion shall name the person or 117 entity making the needs assessment as the respondent and a copy of the motion shall be 118 served upon the respondent in any manner allowed by law. Upon hearing the motion, the 119 court may modify or waive any assignment recommendation that the court determines to be 120 unwarranted based upon a review of the needs assessment, the person's driving record, the 121 circumstances surrounding the offense, and the likelihood of the person committing a like 122 offense in the future, except that the court may modify but may not waive the assignment to 123 an education or rehabilitation program of a person determined to be a prior or persistent 124 offender as defined in section 577.001 or of a person determined to have operated a motor HB 1740 5
125 vehicle with fifteen-hundredths of one percent or more by weight in such person's blood. 126 Compliance with the court determination of the motion shall satisfy the provisions of this 127 section for the purpose of reinstating such person's license to operate a motor vehicle. The 128 respondent's personal appearance at any hearing conducted pursuant to this subsection shall 129 not be necessary unless directed by the court. 130 15. The fees for the program authorized in subsection 14 of this section, or a portion 131 thereof to be determined by the department of mental health, shall be paid by the person 132 enrolled in the program. Any person who is enrolled in the program shall pay, in addition to 133 any fee charged for the program, a supplemental fee in an amount to be determined by the 134 department of mental health for the purposes of funding the substance abuse traffic offender 135 program defined in section 302.010 or a program determined to be comparable by the 136 department of mental health. The administrator of the program shall remit to the division of 137 alcohol and drug abuse of the department of mental health on or before the fifteenth day of 138 each month the supplemental fee for all persons enrolled in the program, less two percent for 139 administrative costs. Interest shall be charged on any unpaid balance of the supplemental fees 140 due the division of alcohol and drug abuse pursuant to this section and shall accrue at a rate 141 not to exceed the annual rate established pursuant to the provisions of section 32.065, plus 142 three percentage points. The supplemental fees and any interest received by the department 143 of mental health pursuant to this section shall be deposited in the mental health earnings fund 144 which is created in section 630.053. 145 16. Any administrator who fails to remit to the division of alcohol and drug abuse of 146 the department of mental health the supplemental fees and interest for all persons enrolled in 147 the program pursuant to this section shall be subject to a penalty equal to the amount of 148 interest accrued on the supplemental fees due the division pursuant to this section. If the 149 supplemental fees, interest, and penalties are not remitted to the division of alcohol and drug 150 abuse of the department of mental health within six months of the due date, the attorney 151 general of the state of Missouri shall initiate appropriate action of the collection of said fees 152 and interest accrued. The court shall assess attorney fees and court costs against any 153 delinquent program. 154 17. Any person who has had a license to operate a motor vehicle suspended or 155 revoked as a result of: 156 (1) An assessment of points for a conviction for an intoxication-related traffic 157 offense, as defined under section 577.001, in which the person's blood alcohol content was 158 found to be at least eight-hundredths of one percent but less than fifteen-hundredths of 159 one percent by weight of alcohol in such person's blood and who has a prior alcohol- 160 related enforcement contact as defined under section 302.525[,]; or HB 1740 6
161 (2) An assessment of points for a conviction for an intoxication-related traffic 162 offense, as defined under section 577.001, in which the person's blood alcohol content 163 was found to be fifteen-hundredths of one percent or more by weight of alcohol in such 164 person's blood 165 166 shall be required to file proof with the director of revenue that any motor vehicle operated by 167 the person is equipped with a functioning, certified ignition interlock device as a required 168 condition of reinstatement of the license. The ignition interlock device shall further be 169 required to be maintained on all motor vehicles operated by the person for a period of not less 170 than six months immediately following the date of reinstatement. If the monthly monitoring 171 reports show that the ignition interlock device has registered any confirmed blood alcohol 172 concentration readings above the alcohol setpoint established by the department of 173 transportation or that the person has tampered with or circumvented the ignition interlock 174 device within the last three months of the six-month period of required installation of the 175 ignition interlock device, then the period for which the person must maintain the ignition 176 interlock device following the date of reinstatement shall be extended until the person has 177 completed three consecutive months with no violations as described in this section. If the 178 person fails to maintain such proof with the director, the license shall be resuspended or 179 revoked and the person shall be guilty of a class A misdemeanor. 302.440. In addition to any other provisions of law, a court may require that any 2 person who is found guilty of a first intoxication-related traffic offense, as defined in section 3 577.001, and a court shall require that any person who is found guilty of a second or 4 subsequent intoxication-related traffic offense, as defined in section 577.001, or any person 5 who is found guilty of an intoxication-related traffic offense, as defined under section 6 577.001, in which the person's blood alcohol content was found to be fifteen-hundredths 7 of one percent or more by weight of alcohol in such person's blood shall not operate any 8 motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock 9 device that the person must use for a period of not less than six months from the date of 10 reinstatement of the person's driver's license. In addition, any court authorized to grant a 11 limited driving privilege under section 302.309 to any person who is found guilty of a second 12 or subsequent intoxication-related traffic offense or to any person who is found guilty of an 13 intoxication-related traffic offense, as defined under section 577.001, in which the 14 person's blood alcohol content was found to be fifteen-hundredths of one percent or 15 more by weight of alcohol in such person's blood shall require the use of an ignition 16 interlock device on all vehicles operated by the person as a required condition of the limited 17 driving privilege, except as provided in section 302.441. These requirements shall be in 18 addition to any other provisions of this chapter or chapter 577 requiring installation and HB 1740 7
19 maintenance of an ignition interlock device. Any person required to use an ignition interlock 20 device shall comply with such requirement subject to the penalties provided by section 21 577.599. 302.525. 1. The license suspension or revocation shall become effective fifteen days 2 after the subject person has received the notice of suspension or revocation as provided in 3 section 302.520, or is deemed to have received the notice of suspension or revocation by mail 4 as provided in section 302.515. If a request for a hearing is received by or postmarked to the 5 department within that fifteen-day period, the effective date of the suspension or revocation 6 shall be stayed until a final order is issued following the hearing; provided, that any delay in 7 the hearing which is caus