Missouri SB 1090: Modifies provisions relating to community service requirements for DWI offenders

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1090
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR WHITE.
4409S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 577.010 and 577.012, RSMo, and to enact in lieu thereof two new sections
relating to community service requirements for certain offenders, with penalty
provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 577.010 and 577.012, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 577.010 and 577.012, to read as follows:3
577.010. 1. A person commits the offense of driving 1
while intoxicated if he or she operates a vehicle while in 2
an intoxicated condition. 3
2. The offense of driving while intoxicated is: 4
(1) A class B misdemeanor; 5
(2) A class A misdemeanor if: 6
(a) The defendant is a prior offender; or 7
(b) A person less than seventeen years of age is 8
present in the vehicle; 9
(3) A class E felony if: 10
(a) The defendant is a persistent offender; or 11
(b) While driving while intoxicated, the defendant 12
acts with criminal negligence to cause physical injury to 13
another person; 14
(4) A class D felony if: 15
(a) The defendant is an aggravated offender; 16

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(b) While driving while intoxicated, the defendant 17
acts with criminal negligence to cause physical injury to a 18
law enforcement officer or emergency personnel; or 19
(c) While driving while intoxicated, the defendant 20
acts with criminal negligence to cause serious physical 21
injury to another person; 22
(5) A class C felony if: 23
(a) The defendant is a chronic offender; 24
(b) While driving while intoxicated, the defendant 25
acts with criminal negligence to cause serious physical 26
injury to a law enforcement officer or emergency personnel; 27
or 28
(c) While driving while intoxicated, the defendant 29
acts with criminal negligence to cause the death of another 30
person; 31
(6) A class B felony if: 32
(a) The defendant is a habitual offender; 33
(b) While driving while intoxicated, the defendant 34
acts with criminal negligence to cause the death of a law 35
enforcement officer or emergency personnel; 36
(c) While driving while intoxicated, the defendant 37
acts with criminal negligence to cause the death of any 38
person not a passenger in the vehicle operated by the 39
defendant, including the death of an individual that results 40
from the defendant's vehicle leaving a highway, as defined 41
in section 301.010, or the highway's right-of-way; 42
(d) While driving while intoxicated, the defendant 43
acts with criminal negligence to cause the death of two or 44
more persons; or 45
(e) While driving while intoxicated, the defendant 46
acts with criminal negligence to cause the death of any 47
person while he or she has a blood alcohol content of at 48

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least eighteen-hundredths of one percent by weight of 49
alcohol in such person's blood; 50
(7) A class A felony if the defendant has previously 51
been found guilty of an offense under paragraphs (a) to (e) 52
of subdivision (6) of this subsection and is found guilty of 53
a subsequent violation of such paragraphs. 54
3. Notwithstanding the provisions of subsection 2 of 55
this section, a person found guilty of the offense of 56
driving while intoxicated as a first offense shall not be 57
granted a suspended imposition of sentence: 58
(1) Unless such person shall be placed on probation 59
for a minimum of two years; or 60
(2) In a circuit where a DWI court or docket created 61
under section 478.007 or other court-ordered treatment 62
program is available, and where the offense was committed 63
with fifteen-hundredths of one percent or more by weight of 64
alcohol in such person's blood, unless the individual 65
participates and successfully completes a program under such 66
DWI court or docket or other court-ordered treatment program. 67
4. If a person is found guilty of a second or 68
subsequent offense of driving while intoxicated, the court 69
may order the person to submit to a period of continuous 70
alcohol monitoring or verifiable breath alcohol testing 71
performed a minimum of four times per day as a condition of 72
probation. 73
5. If a person is not granted a suspended imposition 74
of sentence for the reasons described in subsection 3 of 75
this section: 76
(1) If the individual operated the vehicle with 77
fifteen-hundredths to twenty-hundredths of one percent by 78
weight of alcohol in such person's blood, the required term 79
of imprisonment shall be not less than forty-eight hours; 80

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(2) If the individual operated the vehicle with 81
greater than twenty-hundredths of one percent by weight of 82
alcohol in such person's blood, the required term of 83
imprisonment shall be not less than five days. 84
6. A person found guilty of the offense of driving 85
while intoxicated: 86
(1) As a prior offender, persistent offender, 87
aggravated offender, chronic offender, or habitual offender 88