HOUSE BILL NO. 3317 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GALLICK.
6965H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 302.304, RSMo, and to enact in lieu thereof three new sections relating to intelligent speed assistance devices, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.304, RSMo, is repealed and three new sections enacted in lieu 2 thereof, to be known as sections 302.304, 302.475, and 302.477, to read as follows: 302.304. 1.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 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:
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 3317 2
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 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. HB 3317 3
54 7. (1) The director shall revoke the license and driving privilege of any person when 55 the person's driving record shows such person has accumulated twelve points in twelve 56 months or eighteen points in twenty-four months or twenty-four points in thirty-six months. 57 The revocation period of any person whose license and driving privilege have been revoked 58 under 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 (2) Notwithstanding any provision of law to the contrary, any person whose 71 license is revoked as a result of an assessment of points under subdivision (1) of this 72 subsection wherein at least forty percent of the accumulated points were for a speeding 73 offense may apply to the department to have driving privileges reinstated upon the 74 installation of a certified intelligent speed assistance device as provided under section 75 302.475. Such device shall be maintained on all motor vehicles operated by the person 76 for a period of not less than twelve months following the date of reinstatement. 77 8. If, prior to conviction for an offense that would require suspension or revocation of 78 a person's license under the provisions of this section, the person's total points accumulated 79 are reduced, pursuant to the provisions of section 302.306, below the number of points 80 required for suspension or revocation pursuant to the provisions of this section, then the 81 person's license shall not be suspended or revoked until the necessary points are again 82 obtained and accumulated. 83 9. If any person shall neglect or refuse to surrender the person's license, as provided 84 herein, the director shall direct the state highway patrol or any peace or police officer to 85 secure possession thereof and return it to the director. 86 10. Upon the issuance of a reinstatement or termination notice after a suspension or 87 revocation of any person's license and driving privilege under the provisions of sections 88 302.010 to 302.540, the accumulated point value shall be reduced to four points, except that 89 the points of any person serving as a member of the Armed Forces of the United States 90 outside the limits of the United States during a period of suspension or revocation shall be HB 3317 4
91 reduced to zero upon the date of the reinstatement or termination of notice. It shall be the 92 responsibility of such member of the Armed Forces to submit copies of official orders to the 93 director of revenue to substantiate such overseas service. Any other provision of sections 94 302.010 to 302.540 to the contrary notwithstanding, the effective date of the four points 95 remaining on the record upon reinstatement or termination shall be the date of the 96 reinstatement or termination notice. 97 11. No credit toward reduction of points shall be given during periods of suspension 98 or revocation or any period of driving under a limited driving privilege granted by a court or 99 the director of revenue. 100 12. Any person or nonresident whose license or privilege to operate a motor vehicle 101 in this state has been suspended or revoked under this or any other law shall, before having 102 the license or privilege to operate a motor vehicle reinstated, pay to the director a 103 reinstatement fee of twenty dollars which shall be in addition to all other fees provided by 104 law. 105 13. Notwithstanding any other provision of law to the contrary, if after two years from 106 the effective date of any suspension or revocation issued under this chapter, except any 107 suspension or revocation issued under section 302.410, 302.462, or 302.574, the person or 108 nonresident has not paid the reinstatement fee of twenty dollars, the director shall reinstate 109 such license or privilege to operate a motor vehicle in this state. Any person who has had his 110 or her license suspended or revoked under section 302.410, 302.462, or 302.574, shall be 111 required to pay the reinstatement fee. 112 14. No person who has had a license to operate a motor vehicle suspended or revoked 113 as a result of an assessment of points for a violation under subdivision (8), (9) or (10) of 114 subsection 1 of section 302.302 shall have that license reinstated until such person has 115 participated in and successfully completed a substance abuse traffic offender program defined 116 in section 302.010, or a program determined to be comparable by the department of mental 117 health. Assignment recommendations, based upon the needs assessment as described in 118 subdivision (24) of section 302.010, shall be delivered in writing to the person with written 119 notice that the person is entitled to have such assignment recommendations reviewed by the 120 court if the person objects to the recommendations. The person may file a motion in the 121 associate division of the circuit court of the county in which such assignment was given, on a 122 printed form provided by the state courts administrator, to have the court hear and determine 123 such motion pursuant to the provisions of chapter 517. The motion shall name the person or 124 entity making the needs assessment as the respondent and a copy of the motion shall be 125 served upon the respondent in any manner allowed by law. Upon hearing the motion, the 126 court may modify or waive any assignment recommendation that the court determines to be 127 unwarranted based upon a review of the needs assessment, the person's driving record, the HB 3317 5
128 circumstances surrounding the offense, and the likelihood of the person committing a like 129 offense in the future, except that the court may modify but may not waive the assignment to 130 an education or rehabilitation program of a person determined to be a prior or persistent 131 offender as defined in section 577.001 or of a person determined to have operated a motor 132 vehicle with fifteen-hundredths of one percent or more by weight in such person's blood. 133 Compliance with the court determination of the motion shall satisfy the provisions of this 134 section for the purpose of reinstating such person's license to operate a motor vehicle. The 135 respondent's personal appearance at any hearing conducted pursuant to this subsection shall 136 not be necessary unless directed by the court. 137 15. The fees for the program authorized in subsection 14 of this section, or a portion 138 thereof to be determined by the department of mental health, shall be paid by the person 139 enrolled in the program. Any person who is enrolled in the program shall pay, in addition to 140 any fee charged for the program, a supplemental fee in an amount to be determined by the 141 department of mental health for the purposes of funding the substance abuse traffic offender 142 program defined in section 302.010 or a program determined to be comparable by the 143 department of mental health. The administrator of the program shall remit to the division of 144 alcohol and drug abuse of the department of mental health on or before the fifteenth day of 145 each month the supplemental fee for all persons enrolled in the program, less two percent for 146 administrative costs. Interest shall be charged on any unpaid balance of the supplemental fees 147 due the division of alcohol and drug abuse pursuant to this section and shall accrue at a rate 148 not to exceed the annual rate established pursuant to the provisions of section 32.065, plus 149 three percentage points. The supplemental fees and any interest received by the department 150 of mental health pursuant to this section shall be deposited in the mental health earnings fund 151 which is created in section 630.053. 152 16. Any administrator who fails to remit to the division of alcohol and drug abuse of 153 the department of mental health the supplemental fees and interest for all persons enrolled in 154 the program pursuant to this section shall be subject to a penalty equal to the amount of 155 interest accrued on the supplemental fees due the division pursuant to this section. If the 156 supplemental fees, interest, and penalties are not remitted to the division of alcohol and drug 157 abuse of the department of mental health within six months of the due date, the attorney 158 general of the state of Missouri shall initiate appropriate action of the collection of said fees 159 and interest accrued. The court shall assess attorney fees and court costs against any 160 delinquent program. 161 17. Any person who has had a license to operate a motor vehicle suspended or 162 revoked as a result of an assessment of points for a conviction for an intoxication-related 163 traffic offense as defined under section 577.001, and who has a prior alcohol-related 164 enforcement contact as defined under section 302.525, shall be required to file proof with the HB 3317 6
165 director of revenue that any motor vehicle operated by the person is equipped with a 166 functioning, certified ignition interlock device as a required condition of reinstatement of the 167 license. The ignition interlock device shall further be required to be maintained on all motor 168 vehicles operated by the person for a period of not less than six months immediately 169 following the date of reinstatement. If the monthly monitoring reports show that the ignition 170 interlock device has registered any confirmed blood alcohol concentration readings above the 171 alcohol setpoint established by the department of transportation or that the person has 172 tampered with or circumvented the ignition interlock device within the last three months of 173 the six-month period of required installation of the ignition interlock device, then the period 174 for which the person must maintain the ignition interlock device following the date of 175 reinstatement shall be extended until the person has completed three consecutive months with 176 no violations as described in this section. If the person fails to maintain such proof with the 177 director, the license shall be resuspended or revoked and the person shall be guilty of a class 178 A misdemeanor. 302.475. 1. For purposes of this section, the following terms mean: 2 (1) "Department", the department of revenue; 3 (2) "Eligible offender", a person whose driver's license was revoked for an 4 accumulation of points as provided under subsection 7 of section 302.304 wherein at 5 least forty percent of such points were for a speeding offense; 6 (3) "Intelligent speed assistance device", an aftermarket device that uses a global 7 positioning system to actively limit a motor vehicle's speed to posted speed limits. 8 Intelligent speed assistance devices shall be tamper resistant and capable of reporting 9 attempts to disable or circumvent functionality. The term does not include any 10 technology that is provided by a motor vehicle manufacturer as a component of a new 11 motor vehicle and that controls or affects the speed of a motor vehicle. 12 2. An eligible offender may apply to the department for reinstatement of his or 13 her driver's license conditioned upon the installation of a certified functioning 14 intelligent speed assistance device in each motor vehicle operated by such person. 15 Upon approval by the department and conditional reinstatement of the eligible 16 offender's driver's license, the intelligent speed assistance device shall be maintained on 17 all motor vehicles operated by such person for a period not less than twelve months 18 immediately following the date of license reinstatement. A person's driving privileges 19 shall be revoked for a period of one year if: 20 (1) The monthly monitoring reports show that the person has tampered with or 21 circumvented the intelligent speed assistance device; 22 (2) The person fails to maintain proof with the director that such device is in use 23 on all motor vehicles operated by such person; or HB 3317 7
24 (3) The person is convicted of speeding while operating a vehicle that is not 25 equipped with an intelligent speed assistance device. 26 3. If a person's driver's license is revoked a second time under the provisions of 27 subsection 7 of section 302.304 for point accumulation based on any offense committed 28 during the time frame that he or she is utilizing an intelligent speed assistance device 29 under this section, any reinstatement of driving privileges shall be contingent upon the 30 person utilizing an intelligent speed assistance device for an additional year after the 31 end of