Missouri SB 766: Modifies the offense of driving with excessive blood alcohol content and also changes other sections of law to reflect these changes

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 766
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR ONDER.
Pre-filed December 1, 2019, and ordered printed.
ADRIANE D. CROUSE, Secretary.
3554S.01I
AN ACT
To repeal sections 302.505, 302.510, 302.541, 302.545, 302.592, 302.700, 304.585,
478.007, 544.155, 577.001, 577.012, 577.021, and 577.037, RSMo, and to enact
in lieu thereof thirteen new sections relating to the offense of driving with
prohibited blood alcohol or drug content, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 302.505, 302.510, 302.541, 302.545, 302.592, 302.700,
2 304.585, 478.007, 544.155, 577.001, 577.012, 577.021, and 577.037, RSMo, are
3 repealed and thirteen new sections enacted in lieu thereof, to be known as
4 sections 302.505, 302.510, 302.541, 302.545, 302.592, 302.700, 304.585, 478.007,
5 544.155, 577.001, 577.012, 577.021, and 577.037, to read as follows:
302.505. 1. The department shall suspend or revoke the license of any
2 person upon its determination that the person was arrested upon probable cause
3 to believe such person was driving a motor vehicle while the alcohol concentration
4 in the person's blood, breath, or urine was eight-hundredths of one percent or
5 more by weight, based on the definition of alcohol concentration in section
6 302.500, or where such person was less than twenty-one years of age when
7 stopped and was stopped upon probable cause to believe such person was driving
8 while intoxicated in violation of section 577.010, or driving with [excessive]
9 prohibited blood alcohol or drug content in violation of section 577.012, or upon
10 probable cause to believe such person violated a state, county or municipal traffic
11 offense and such person was driving with a blood alcohol content of
12 two-hundredths of one percent or more by weight.
13 2. The department shall make a determination of these facts on the basis
14 of the report of a law enforcement officer required in section 302.510, and this
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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15 determination shall be final unless a hearing is requested and held. If a hearing
16 is held, the department shall review the matter and make a final determination
17 on the basis of evidence received at the hearing.
18 3. The determination of these facts by the department is independent of
19 the determination of the same or similar facts in the adjudication of any criminal
20 charges arising out of the same occurrence. The disposition of those criminal
21 charges shall not affect any suspension or revocation under this section.
302.510. 1. Except as provided in subsection 3 of this section, a law
2 enforcement officer who arrests any person for a violation of any state statute
3 related to driving while intoxicated or for a violation of a county or municipal
4 ordinance prohibiting driving while intoxicated or a county or municipal
5 alcohol-related traffic offense, and in which the alcohol concentration in the
6 person's blood, breath, or urine was eight-hundredths of one percent or more by
7 weight or two-hundredths of one percent or more by weight for anyone less than
8 twenty-one years of age, or in which the person's blood or urine or saliva
9 show the presence of a controlled substance, shall forward to the
10 department a certified report of all information relevant to the enforcement
11 action, including information which adequately identifies the arrested person, a
12 statement of the officer's grounds for belief that the person violated any state
13 statute related to driving while intoxicated or was less than twenty-one years of
14 age and was driving with two-hundredths of one percent or more by weight of
15 alcohol in the person's blood, or a county or municipal ordinance prohibiting
16 driving while intoxicated or a county or municipal alcohol-related traffic offense,
17 a report of the results of any chemical tests which were conducted, and a copy of
18 the citation and complaint filed with the court.
19 2. The report required by this section shall be certified under penalties
20 of perjury for making a false statement to a public official and made on forms
21 supplied by the department or in a manner specified by regulations of the
22 department.
23 3. A county or municipal ordinance prohibiting driving while intoxicated
24 or a county or municipal alcohol-related traffic offense may not be the basis for
25 suspension or revocation of a driver's license pursuant to sections 302.500 to
26 302.540, unless the arresting law enforcement officer, other than an elected peace
27 officer or official, has been licensed by the director of the department of public
28 safety pursuant to the provisions of chapter 590.
302.541. 1. In addition to other fees required by law, any person who has

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2 had a license to operate a motor vehicle suspended or revoke