HOUSE BILL NO. 2351 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GALLICK.
5391H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 302.302, RSMo, and to enact in lieu thereof one new section relating to points for traffic violations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.302, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 302.302, to read as follows: 302.302. 1. The director of revenue shall put into effect a point system for the 2 suspension and revocation of licenses. Points shall be assessed only after a conviction or 3 forfeiture of collateral. The initial point value is as follows: 4 (1) Any moving violation of a state law or county or 5 municipal or federal traffic ordinance or regulation 6 not listed in this section, other than a violation of 7 vehicle equipment provisions or a court-ordered 8 supervision as provided in section 302.303 2 points 9 (except any violation of municipal stop sign 10 ordinance where no accident is involved 1 point) 11 (2) Speeding 12 In violation of a state law 3 points 13 In violation of a county or municipal ordinance 2 points 14 (3) Leaving the scene of an accident in violation of 15 section 577.060 12 points 16 In violation of any county or municipal ordinance 6 points
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 2351 2
17 (4) Careless and imprudent driving in violation of 18 subsection 4 of section 304.016 4 points 19 In violation of a county or municipal ordinance 2 points 20 (5) Operating without a valid license in violation of 21 subdivision (1) or (2) of subsection 1 of section 22 302.020: 23 (a) For the first conviction 2 points 24 (b) For the second conviction 4 points 25 (c) For the third conviction 6 points 26 (6) Operating with a suspended or revoked license prior 27 to restoration of operating privileges 12 points 28 (7) Obtaining a license by misrepresentation 12 points 29 (8) For the first conviction of driving while in an 30 intoxicated condition or under the influence of 31 controlled substances or drugs 8 points 32 (9) For the second or subsequent conviction of any of 33 the following offenses however combined: driving 34 while in an intoxicated condition, driving under the 35 influence of controlled substances or drugs or 36 driving with a blood alcohol content of eight- 37 hundredths of one percent or more by weight 12 points 38 (10) For the first conviction for driving with blood 39 alcohol content eight-hundredths of one percent or 40 more by weight 41 In violation of state law 8 points 42 In violation of a county or municipal ordinance or 43 federal law or regulation 8 points 44 (11) Any felony involving the use of a motor vehicle 12 points 45 (12) Knowingly permitting unlicensed operator to 46 operate a motor vehicle 4 points 47 (13) For a conviction for failure to maintain financial 48 responsibility pursuant to county or municipal 49 ordinance or pursuant to section 303.025 4 points 50 (14) Endangerment of a highway worker in violation of 51 section 304.585 4 points HB 2351 3
52 (15) Aggravated endangerment of a highway worker in 53 violation of section 304.585 12 points 54 (16) For a conviction of violating a municipal ordinance 55 that prohibits tow truck operators from stopping at 56 or proceeding to the scene of an accident unless they 57 have been requested to stop or proceed to such 58 scene by a party involved in such accident or by an 59 officer of a public safety agency 4 points 60 (17) Endangerment of an emergency responder in 61 violation of section 304.894 4 points 62 (18) Aggravated endangerment of an emergency 63 responder in violation of section 304.894 12 points 64 (19) Failure to secure a load in violation of section 65 307.010 2 points 66 2. The director shall, as provided in subdivision (5) of subsection 1 of this section, 67 assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of 68 section 302.020, when the director issues such operator a license or permit pursuant to the 69 provisions of sections 302.010 to 302.340. 70 3. An additional two points shall be assessed when personal injury or property 71 damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this 72 section and if found to be warranted and certified by the reporting court. 73 4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this 74 section constitutes both a violation of a state law and a violation of a county or municipal 75 ordinance, points may be assessed for either violation but not for both. Notwithstanding that 76 an offense arising out of the same occurrence could be construed to be a violation of 77 subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or 78 convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 79 of this section for offenses arising out of the same occurrence. 80 5. The director of revenue shall put into effect a system for staying the assessment of 81 points against an operator. The system shall provide that the satisfactory completion of a 82 driver-improvement program or, in the case of violations committed while operating a 83 motorcycle, a motorcycle-rider training course approved by the state highways and 84 transportation commission, by an operator, when so ordered and verified by any court 85 having jurisdiction over any law of this state or county or municipal ordinance, regulating 86 motor vehicles, other than a violation committed in a commercial motor vehicle as defined in 87 section 302.700 or a violation committed by an individual who has been issued a commercial HB 2351 4
88 driver's license or is required to obtain a commercial driver's license in this state or any other 89 state, shall be accepted by the director in lieu of the assessment of points for a violation 90 pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 91 3 of this section. The operator shall be given the option to complete the driver-improvement 92 program through an online or in-person course. A court using a centralized violation bureau 93 established under section 476.385 may elect to have the bureau order and verify completion 94 of a driver-improvement program or motorcycle-rider training course as prescribed by order 95 of the court. For the purposes of this subsection, the driver-improvement program shall meet 96 or exceed the standards of the National Safety Council's eight-hour "Defensive Driving 97 Course" or, in the case of a violation which occurred during the operation of a motorcycle, the 98 program shall meet the standards established by the state highways and transportation 99 commission pursuant to sections 302.133 to 302.137. The completion of a driver- 100 improvement program or a motorcycle-rider training course shall not be accepted in lieu of 101 points more than one time in any thirty-six-month period and shall be completed within sixty 102 days of the date of conviction in order to be accepted in lieu of the assessment of points. 103 Every court having jurisdiction pursuant to the provisions of this subsection shall, within 104 fifteen days after completion of the driver-improvement program or motorcycle-rider training 105 course by an operator, forward a record of the completion to the director, all other provisions 106 of the law to the contrary notwithstanding. The director shall establish procedures for record 107 keeping and the administration of this subsection. ✔
Statutes affected: