New Laws for 2012
Each year the Missouri Legislature passes new laws or amends current laws, and if signed by the Governor, go into effect August 28 of each year, unless an emergency clause allows it to be effective earlier. There are many new laws, but we will only highlight those dealing with the Patrol, criminal law, motor vehicle and boat operations, and licensing.
The bill summaries in this document are reprinted with permission from the Legislative Research Committees of the Missouri Senate and Missouri House of Representatives. Internet hyperlinks to the full text of each bill are provided for your convenience in the electronic version of this document.
(When viewing the full bill text, please note that language deleted from the old statute is enclosed in [brackets], while new language added is in boldface type.)Jump To House Bills
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HCS HB 1108 -- EMERGENCY CALL LOCATION INFORMATION (392.415 RSMo)
This bill requires a telecommunications carrier and certain commercial mobile service providers to provide, upon request, call location information concerning the user of a telecommunications service or a wireless communications service to a law enforcement official or agency in order to respond to a call for emergency service or to provide caller location information in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to an emergency is required without delay.
HB 1141 -- "DON'T TREAD ON ME" SPECIAL LICENSE PLATE (301.3163 RSMo)
This bill changes the laws regarding the "Don't Tread on Me" special license plate. The bill requires a person applying for the plate to pay a $15 fee in addition to the regular registration fees and to present any documents required by law. No additional fee can be charged for the personalization of the license plates. The bill specifies the detailed design of the plate.
HCS HB 1171 -- COURTS (211.031 RSMo)
The bill changes the age when the juvenile court will have jurisdiction over a child involving a state or local traffic violation from a child up to 15 1/2 years of age to a child up to 15 years of age.
CCS SS SCS HCS HB 1402 -- ROAD USE
- RECREATIONAL OFF-HIGHWAY VEHICLE (301.010 and 304.033)
(1) Revises the definition of “recreational off-highway vehicle.�? The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2,000 pounds;
(2) Allows the following recreational off-highway vehicles to be operated upon the highways of this state:
- (a) Vehicles owned and operated by a governmental entity for official use;
- (b) Vehicles operated for agricultural purposes or industrial on-premise purposes between sunrise and sunset;
- (c) Vehicles operated within three miles of the operator's primary residence;
- (d) Vehicles operated occasionally by handicapped persons for short distances only on the state’s secondary roads between the hours of sunrise and sunset; and
- (e) Vehicles issued a special permit by the governing body of a city or a county to a licensed driver for special use of the vehicle on highways within the city or county limits. A $15 fee may be collected and retained by the city or county for the permit;
(4) Requires a person allowed to operate a recreational off-highway vehicle on a highway to have a valid operator's or chauffeur's license with certain specified exceptions, to display a lighted headlamp and a lighted tail lamp, to wear a seat belt, and the vehicle to be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.
- DRIVEWAY LICENSE PLATES (301.069)
The bill allows driveaway license plates to only be used by owners, corporate officers, or employees of the business to which the plates were issued. An applicant for a driveaway plate must provide specified information including the business name, address, and driver’s license number. The applicant must provide proof of financial responsibility and a picture of his or her place of business. The applicant must maintain a landline telephone at his or her place of business during the registration period. Any person who knowingly uses a revoked driveaway license plate must be deemed guilty of a class A misdemeanor.
- THIRD LICENSE PLATE (301.140)
A motorist is allowed to purchase an additional temporary license plate that matches an existing or newly issued plate to serve as a visible plate when a bicycle rack or other item obstructs the view of the actual plate. The fee for the additional temporary license plate will be $7.50. The third plate may only be used on the vehicle with the matching plate, and the additional third plate must be clearly recognizable as a third plate and only used for that purpose (section 301.140).
- MUNICIPALLY OWNED VEHICLES (301.260)
The bill exempts a motor vehicle used as an ambulance, patrol wagon, or fire apparatus which is owned by a municipality from the requirement to display two license plates and allows it to display one plate or to display the name of the municipality on each side of the vehicle in letters which are not less than three inches in height and not less than three-eights of an inch wide.
- VEHICLE INFORMATION RECORDS (301.280.2)
The bill requires a motor vehicle dealer and a public garage operator to maintain a record of a vehicle's identification number, odometer setting, and manufacturer’s name for a period of five years for each motor vehicle and trailer that he or she sells, rents, stores, or repairs. Currently, the information must be maintained for three years.
- MISUSE OF DEALER PLATES (301.560)
Any law enforcement officer or agent of the Department of Revenue may seize a dealer license plate or certificate of number if he or she has probable cause to believe that it is being misused in violation of law.
- DRIVER'S TRAINING
The bill allows the parent or legal guardian of a person learning to drive to designate, in writing, an individual who is at least 25 years old and has been a licensed driver for at least three years to escort or accompany the person with a temporary instruction permit.
- FAILURE TO APPEAR IN COURT (302.341)
Currently, if a person fails to timely dispose of a traffic ticket, the court will notify the Director of the Department of Revenue of the fact and the department director must suspend the offender's driver's license until the person pays the fines and applicable court costs. Upon proof of disposition of the charges and payment of a reinstatement fee, the department director must return the license and remove the suspension from the person's driver's record. The bill specifies that a commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have the suspension removed from his or her driving record.
- BOATING SAFETY IDENTIFICATION CARD (306.127)
Any person or company that rents or sells vessels is allowed to issue temporary boating safety identification cards to non-residents to operate rented vessels or vessels being considered for sale, for a period of up to seven days, if the individual meets the minimum age requirements for operating a vessel in this state. In order to qualify for the temporary boating safety identification card, the applicant must provide a valid driver’s license establishing that he or she is a non-resident and must sign an affidavit stating he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The patrol must charge a fee of $9 for the card. A nonresident will not be eligible for more than one card. The provisions authorize the patrol to develop the card and require businesses that issue the cards to transmit the applicant’s information and payment to the highway patrol using an electronic online registration process developed and provided by the highway patrol. The provisions of the bill regarding boating safety identification cards contain an emergency clause and went into effect July 10th.
These provisions expire December 31, 2022.
The provisions of the bill regarding temporary motor vehicle permits become effective on the date the Department of Revenue or an authorized producer begins production of the permit or July 1, 2013, whichever occurs first; the provisions regarding the commercial driver medical certification become effective on the date the Director of the Department of Revenue begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first; and the provisions regarding biennial registration for larger vehicles become effective July 1, 2015.
HB 1424 -- SALE OF SURPLUS STATE HIGHWAY PATROL PROPERTY
Currently, the Missouri State Highway Patrol is authorized to sell surplus patrol motor vehicles. This bill allows the patrol to also sell surplus watercraft, watercraft motors, and trailers. The Missouri State Highway Patrol’s Motor Vehicle and Aircraft Revolving Fund is renamed the Highway Patrol’s Motor Vehicle, Aircraft, and Watercraft Revolving Fund and allows moneys in the fund to be used to purchase watercraft, watercraft motors, and trailers as well as vehicles.
SS HCS HB 1647 -- PUBLIC SAFETY
- REGULATION OF FIREWORKS (320.106 - 320.136)
The bill changes the references to fireworks classifications by referencing the Code of Federal Regulations when defining consumer fireworks, display fireworks, fireworks, and proximate fireworks and removing the reference to American Pyrotechnics Association standards. The bill specifies that ground salutes, commonly known as cherry bombs, M-80's, M-100's, and M-1,000's, which exceed the limits set for consumer fireworks, display fireworks, or proximate fireworks for explosive composition, are prohibited in Missouri for consumer use. These provisions do not prohibit a manufacturer, distributor, or any other person possessing the proper permits as specified by state and federal law from storing, selling, shipping, or otherwise transporting fireworks.
- EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS (488.650, 561.026, and 610.140)
A person is allowed to apply for the expungement of certain criminal records after 10 years have elapsed for a specified misdemeanor and 20 years have elapsed for a specified felony since the person has completed his or her imprisonment or any period of probation or parole, has not been convicted of or been placed on probation for any misdemeanor or felony during that time, has paid any amount of restitution ordered by the court, the circumstances and behavior of the petitioner warrant the expungement, and the expungement is consistent with the public welfare.
Once expunged, the court records and files will be confidential and only available to the parties or by order of the court for good cause shown. The expungement also restores all rights to the person as if the crime had never occurred. However, a person granted an expungement must disclose any expunged offense when the disclosure is necessary to complete certain applications for professional licenses, certificates, or permits issued by the state; any license issued by the gaming commission or paid or unpaid employment with an entity licensed by the gaming commission, state-operated lottery; or any emergency services provider.
- ASSAULTING A UTILITY OR CABLE WORKER (565.081, 565.082, and 565.083)
The crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction or work zone, or probation and parole officer in the first, second, and third degrees is revised to include a utility worker or a cable worker. “Utility worker�? means any employee while in performance of his or her job duties, including any person employed under contract of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned. “Cable worker�? means any employee, including any person employed under contract of a cable operator.
- WEAPONS (571.020)
Currently, a person commits a class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. The bill limits the prohibition to when the activity involving a switchblade knife violates federal law and makes the crime a class C felony.
- CONCEALED CARRY ENDORSEMENTS (571.030, 571.037, 571.101, 571.111, and 571.117)
The bill lowers the age at which a person can obtain a concealed carry endorsement from 21 to 18 years of age if the person is a member of the United States Armed Forces or is honorably discharged from the United States Armed Forces and is a citizen of the United States and has assumed residency, is stationed in Missouri, or is the spouse of the member stationed in Missouri and is 21 years of age.
Any person who has a valid concealed carry endorsement and is lawfully carrying a firearm in a concealed manner may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
A person can receive a concealed carry endorsement without meeting the current requirements if he or she submits a copy of a certificate of firearms safety training course completion that was issued on or before August 27, 2011, if it met the requirements that were in effect on the date it was issued.
The provisions of the bill regarding the regulation of fireworks and the provisions regarding receiving a concealed carry endorsement if a person passed the training course requirements on or before January 27, 2011, contain an emergency clause and went into effect July 10th.
SS SCS HB 1807 -- BREAST CANCER AWARENESS, HIGHWAY DESIGNATIONS, RECREATIONAL VEHICLES, MUNICIPAL VEHICLES, AND SPECIAL LICENSE PLATES
- HIGHWAY DESIGNATIONS
The bill makes the following designations:
- (1) Sgt. Issac B. Jackson Memorial Highway in Clinton County;
- (2) LCPL Patrick W. Schimmel Memorial Highway in Lincoln County;
- (3) Spc. James Burnett, Jr. Memorial Highway in Stoddard County;
- (4) Missouri Fox Trotting Highway between the cities of Ava and Mansfield;
- (5) Bob Watts Memorial Bicycle & Pedestrian Bridge on the Heart of America Bridge;
- (6) Chief of Police Jerry E. Hicks Memorial Highway in St. Francois County;
- (7) Matthew J. England Memorial Highway in Ozark County;
- (8) Staff Sergeant Norman J. Inman Memorial Highway in Iron County;
- (9) Darrell B. Roegner Memorial Highway in St. Charles County;
- (10) Trooper Fred F. Guthrie Jr. Memorial Highway in Platte County;
- (11) Christopher S. “Kit�? Bond Highway in Audrain County;
- (12) AMVETS Memorial Highway in Callaway County; and
- (13) Harriett Woods Memorial Highway in St. Louis County.
- SPECIAL LICENSE PLATES
(1) Authorizes the following special license plates:
- (a) Missouri Junior Golf Foundation;
- (b) Navy Cross;
- (c) I Have A Dream;
- (d) Go Team USA;
- (e) American Red Cross;
- (f) Pony Express;
- (g) National Wild Turkey Federation; and
- (h) National Rifle Association;
(2) Specifies that the annual contribution of an emblem-use authorization fee for the Breast Cancer Awareness special license plate must be made to the Missouri Public Health Service Fund to support breast cancer awareness activities conducted by the Department of Health and Senior Services instead of to the Friends of the Missouri Women’s Council;
(3) Revises the provisions regarding the Cass County – The Burnt District special license plate; and
(4) Changes the laws regarding the “Don’t Tread on Me�? special license plate. The bill requires a person applying for the plate to pay a $15 fee in addition to the regular registration fees and to present any documents required by law. No additional fee can be charged for the personalization of the license plates. The bill specifies the detailed design of the plate.
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CCS HCS SS SCS SB 470
This act modifies various provisions relating to transportation
- BIENNIAL REGISTRATION OPTION FOR LARGER VEHICLES (301.147)
This act expands the number of commercial motor vehicle owners who will have the option of biennially registering their commercial motor vehicle. Under current law, the director may provide owners of motor vehicles, other than commercial motor vehicles licensed in excess of 12,000 pounds gross weight, the option of biennially registering motor vehicles. This act provides this option to owners of motor vehicles, other than commercial motor vehicles licensed in excess of 54,000 pounds (Section 301.147). The provision has an effective date of July 1, 2015.
- MOVE OVER LAW (304.022)
This act amends Missouri's move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible. The act further modifies the definition of "emergency vehicle" to include any vehicle owned by the commission and operated by a Department of Transportation employee that is marked as an emergency response or motorist assistance vehicle (Section 304.022).
- TEMPORARY PERMIT TAGS (301.140)
This act modifies the process for issuing temporary permits to motor vehicle owners. Under the terms of the act, the director of revenue is authorized to allow others to produce weather resistant, nontearing temporary permits that allow buyers of motor vehicle or trailers to operate such vehicles for a 30 day period. The temporary permit may be purchased by the motor vehicle buyer from the central office or from an authorized agent of the department. A motor vehicle buyer may also purchase a temporary permit from a motor vehicle dealer. The price paid by a registered dealer for a temporary permit shall not exceed $5.00 per permit (current law sets the amount at $7.50). The director shall direct motor vehicle dealers and authorized agents to obtain temporary permits from an authorized producer. Under the act, amounts received by the director for temporary permits shall constitute state revenue while amounts received by an authorized producer shall not constitute state revenue. Amounts received by motor vehicle dealers or authorized agents for temporary permits purchased from an authorized producer shall not constitute state revenue. The act specifically provides that general revenue funds or other state funds shall not be used to compensate motor vehicle dealers and other producers for their role in producing temporary permits. Dealers may not charge more than $5.00 for each permit it issues (down from $7.50). Under the act, each temporary permit issued shall be fastened to the rear of the motor vehicle in a manner and place on the motor vehicle consistent with placement of regular registration plates. The act allows the director to reissue and extend the use of a temporary permit during the time period a title and registration are being obtained. Under the terms of the act, upon the issuance of a temporary permit, the director shall make the temporary permit information immediately available to the law enforcement community of the state of Missouri (Section 301.140).
This portion of the act becomes effective the date the department begins issuing the new temporary permits or July 1, 2013, whichever occurs first. The act also sunsets the temporary permit provisions on July 1, 2019.
- VETERAN DESIGNATION ON DRIVER LICENSE (302.185 and 302.188)
The act allows a person to apply to the Department of Revenue to obtain a veteran designation on a driver's license or identification card upon providing a United States Department of Defense discharge document, known as a DD Form 214, showing a discharge status of "honorable" or "general under honorable conditions" and the payment of the authorized fees for the license or card. The department may determine the appropriate placement of the designation on a license or card (Section 302.185 and section 302.188).
- GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES (304.180)
Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U. S. Highway 36 from St. Joseph to U. S. Highway 65 and on U. S. Highway 65 from the Iowa state line to U. S. Highway 36 cannot exceed 85,500 pounds. This act expands the gross weight limitation on U.S. Highway 36 eastward from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36, and from U.S. Highway 36 to Missouri Route 17.
The act further allows a vehicle weighing 85,500 pounds or less to haul milk from a farm to a processing facility on highways other than the interstate highway system. This provision of the act shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways (Section 304.180).
CCS HCS#2 SCS SB 480
This act modifies various provisions relating to the regulation of motor vehicles and transportation.
- PURPLE HEART TRAIL (227.513)
The act designates the portion of Interstate 70 in the state of Missouri as the "Purple Heart Trail." (Section 227.513).
- OUTBOARD MOTOR TITLES (306.532)
Under the terms of this act, any new outboard motor purchased by a dealer from the manufacturer on or after July first of any year shall be labeled with the "Year Manufactured" of the immediately following calendar year unless the manufacturer indicates a specific model or program year (Section 306.532).
- COMMUNITY SERVICE REQUIREMENTS FOR PRIOR AND PERSISTENT OFFENDERS (577.023)
Current Missouri law (Section 577.023) allows prior and persistent offenders to participate in and successfully complete a DWI court in lieu of jail time or community service. A prior or persistent offender may escape the statutory minimum days of imprisonment by performing community service or successfully completing a DWI court program. Federal law, however, does not authorize DWI courts as an alternative to mandatory jail or community service. Under the terms of this act, prior and persistent offenders may avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if such program is available. The DWI court program or other treatment program must include the minimal periods of community service.
- NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATE (301.4036)
This act allows members of the National Wild Turkey Federation to obtain specialty license plates bearing their organization's name under certain conditions (section 301.4036).
- NRA SPECIAL LICENSE PLATE (1)
This act allows members of the National Rifle Association to obtain specialty license plates bearing their organization's name under certain conditions (Section 1).
- COLLEGIATE SPECIALTY LICENSE PLATES (301.3150)
Under the terms of this act, only community colleges or other institutions of higher education located in Missouri may authorize its official emblem to be used on specialty license plates (Section 301.449). In addition, the act prohibits collegiate or university specialty license plates from being established under the administrative process set forth in section 301.3150 (Section 301.3150).
- AMERICAN RED CROSS SPECIAL LICENSE PLATES (301.4040 HA4)
This act allows motorist to obtain specialty license plates bearing the emblem of the American Red Cross under certain conditions (section 301.4040)(HA 4).
- DARRELL B. ROEGNER MEMORIAL HIGHWAY (227.509)
This act designates a portion of Highway 64/40 in St. Charles County as the "Darrell B. Roegner Memorial Highway" (Section 227.509).
- TROOPER FRED F. GUTHRIE MEMORIAL HIGHWAY - TROOPER FRED F. GUTHRIE JR. MEMORIAL HIGHWAY (227.510)
This act designates a portion of Interstate 29 in Platte County as the "Trooper Fred F. Guthrie Jr. Memorial Highway". This provision is also contained in HB 1807 (Section 227.510).
- CASS COUNTY - THE BURNT DISTRICT SPECIAL LICENSE PLATE (301.3161)
This act modifies provisions relating to the "CASS COUNTY - THE BURNT DISTRICT" special license plate. Under current law, 80% of the $25 annual contribution fee is distributed to the Cass County public safety and 20% of the fee is distributed to the Cass County parks and recreation department. Under the terms of the act, the distribution of the annual contribution fee is modified so that 70% of the fee is distributed to public safety, 15% is distributed to the Cass County Historical Society, and 15% is distributed to the Cass County parks and recreation department.
The act further specifies that prior to the issuance of the specialty personalized plate, the Department of Revenue must be in receipt of an application as prescribed by the department director and be accompanied by a list of at least 200 potential applicants, the proposed art design for the specialty plate, and an application fee not to exceed $5,000. The act provides that the special license plate shall be redesigned unless the organization pays the department director in advance for all redesigned plate fees. This provision may also be found in the truly agreed to version of HB 1807 (2012). This provision is also contained HB 1269 (2012)(Section 301.3161).
- IGNITION INTERLOCK ENHANCED REQUIREMENTS (302.060, 302.525, 302.304, and 302.309)
Under this act, a person whose driving privilege has been denied for 10 years for 3 or more DWI offenses, or for 5 years for 2 intoxication-related traffic offenses within a five-year period shall be required to use an ignition interlock device that has photo identification technology and global positioning system features when their license is reinstated or whenever a limited driving privilege is granted (Section 302.060). If monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the Department of Transportation, or that the person has tampered with or circumvented the ignition interlock device, then an additional 6 months will be added to the person's reinstatement (Section 302.060).
Under current law, a person who has been convicted of a first time DWI or BAC is assessed points and receives a license suspension of 30 days ("hard walk"), followed by a 60 day restricted driving privilege. Under this proposal, a person who chooses to install an ignition interlock device shall serve a 15 day suspension, followed by a 75 day period of restricted driving privilege. The person's license will be reinstated following the 75 day period if otherwise eligible by law. If the monthly monitoring report shows a violation during this 75 day restricted driving privilege, then the person's license will not be reinstated until the person completes an additional 75 day period of restricted driving privilege without any such violations (Section 302.304.5). The act provides similar measures for persons whose driver's license have been suspended under the administrative process (Section 302.525).
Under current law, a person who has two or more DWI or BAC convictions must have an ignition interlock device installed in order to have his or her driver license reinstated. The ignition interlock device must be maintained on the offender's vehicles for a period of at least 6 months. Under this act, if monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the department of transportation, or that the person has tampered with or circumvented the device, then an additional six months will be added to the person's reinstatement (Section 302.304.17).
Under current law, persons with 5 year or 10 year license denials because of multiple DWI or other intoxication-related traffic offenses may seek a limited driving privilege after serving 2 or 3 years of the license denial. Under the terms of this act, such persons may seek a limited driving privilege after only serving 45 days of the denial or disqualification period. In addition, this act allows a person who has his or her license revoked for 2 alcohol-related enforcement contacts within 5 years to seek a limited driving privilege after completing the first 45 days of the 1 year revocation. Currently, such a person may is not eligible for a limited driving privilege (Section 302.309).
The ignition interlock provisions have an effective date of October 1, 2013 (Sections 302.060, 302.304, 302.309, and 302.525).
Under current law, a person commits a Class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair or sale of a switchblade knife when such uses violate federal law, and makes the crime a Class C felony.
Training requirements for concealed carry endorsement applicants were increased in HB 294 (2011). This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the standards were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course.
This act contains an emergency clause and went into effect July 10th.
CCS HCS SB 568
This act modifies various provisions relating to transportation.
- REBUILT SALVAGE VEHICLES INSPECTION (301.190)
Under the terms of this act, owners of rebuilt salvage vehicles which are 10 years of age or older who submit such vehicles to examinations conducted by the Highway Patrol in order to obtain certificates of ownership with prior salvage motor vehicle designations are not required to repair or restore such vehicles to their original appearance in order to pass or complete the vehicle examination (Section 301.190).
- GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES (304.180)
Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U. S. Highway 36 from St. Joseph to U. S. Highway 65 and on U. S. Highway 65 from the Iowa state line to U. S. Highway 36 cannot exceed 85,500 pounds. This act expands the gross weight limitation on U.S. Highway 36 eastward from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36.
The act further allows a vehicle weighing 85,500 pounds or less to haul milk from a farm to a processing facility on highways other than the interstate highway system. This provision of the act shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways. This provision is similar to one contained in the truly agreed to version of SB 470 (2012) and HB 1212 (2012)(Section 304.180).
CCS HCS SB 628
This act modifies provisions relating to the judiciary.
- TRAFFICKING DRUGS (195.222, 195.223, and HB 1894)
Currently, a person commits the crime of trafficking drugs in the first degree if he or she distributes, delivers, manufactures, produces or attempts to distribute, deliver, manufacture, or produce more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person must be sentenced to the authorized term of imprisonment for a Class A felony. If the quantity is 6 grams or more, the person will be ineligible for probation or parole. This act raises the quantity for a Class A felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be ineligible for probation or parole.
Currently, a person commits the crime of trafficking drugs in the second degree if he or she possesses or has under his or her control, purchases, or attempts to purchase or brings into this state more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person will be guilty of a class B felony. If the quantity is 6 grams or more, the person will be guilty of a Class A felony. This act raises the quantity for a Class B felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be guilty of a Class A felony.
- JUVENILE COURT JURISDICTION
211.031 and HB 1171 -- Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.
565.072, 565.073, and 565.074 -- The crime of abuse of a child changed to abuse or neglect of a child. A person commits the crime if they cause a child under 18 to suffer physical or mental injury, to be placed in a situation which may result in physical or mental injury, or to suffer abusive head trauma. The crime is a class C felony. If the act involved serious physical or emotional injury or the person was previously found guilty of this crime, the person will be guilty of a class B felony. An act will be a class A felony if it involves a serious physical or emotional injury, the victim is less than 14 years old, and the injury is a result of sexual abuse.
- SEXUAL MISCONDUCT INVOLVING A CHILD (566.083 and HB 1896)
The crime of sexual misconduct involving a child is modified to include when a person knowingly coerces or induces a female child who is known by the person to be younger than 15 years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.
- FIRST DEGREE PROPERTY DAMAGE (569.100 and HB 1125)
The crime of property damage in the first degree is modified to include when a person knowingly damages a motor vehicle of another while making entry into the vehicle for the purpose of stealing it or the damage occurs while committing the crime of stealing within the vehicle. Anyone who commits this crime will be guilty of a Class C felony unless it is a subsequent violation in which case he or she will be guilty of a Class B felony.
CCS HCS SCS SB 631 -- LOAD LIMITS ON ROADWAYS (304.180)
This act modifies provisions pertaining to animals and agriculture.
Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock can be up to 85,500 pounds on certain highways. The act modifies the highways to which this provision applies. The act also allows a vehicle weighing up to 85,500 pounds to haul milk from a farm to a processing facility on highways other than the interstate highway system.
CCS HCS SB 636 -- JUVENILE COURT JURISDICTION (211.031, HB 1171, and HCS SB 628)
This act modifies laws relating to the judiciary.
Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.
Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. This act makes it so a person who recklessly or purposely causes such injury has committed the crime.
This act adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation.
Undue influence is defined under the act to mean influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony. It includes improper use of various types of fiduciary authority.
This act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source.
This act allows the Department of Social Services to release records regarding the income or assets of a resident of a facility licensed under Chapter 198 to prosecuting attorneys who are investigating or prosecuting an offense of financial exploitation.
If a person admits to or is found guilty of failing to remit money owed to a facility licensed under Chapter 198, the court can order the offender to make restitution to the facility as a condition of sentence and/or probation. Any order or agreement for restitution must allow the prosecuting attorney to receive ten percent of each payment toward the restitution as reimbursement for the cost of enforcement.
CCS#2 SS SCS SB 719 -- MOTORCYCLE RIDER TRAINING COURSE EXEMPTION (302.173)
This act modifies various provisions relating to the regulation of transportation.
Under this act, the successful completion of a military motorcycle rider training course that meets or exceeds the Motorcycle Safety Foundation curriculum standards by an applicant who is an active member of the U.S. armed forces, shall constitute an actual demonstration of the person's ability to exercise due care in the operation of a motorcycle or motor tricycle, and no further driving test shall be required to obtain a motorcycle or motor tricycle license or endorsement (section 302.173). This provision is also contained in SB 564 (2012).
Under this act, a person commits the crime of disturbing a house of worship if such person intentionally and unreasonably disturbs a building used for religious purposes by using profanity, rude or indecent behavior, or making noise. A person commits the crime if they engage in such behavior within the house of worship or so close to the building that the services are disturbed.
A person also commits the crime if he or she intentionally injures, intimidates, or interferes with any person exercising the right to religious freedom or who is seeking access to a house of worship.
A first offense is a Class B misdemeanor, a second is a Class A misdemeanor, and a third or subsequent offense is a Class D felony.
** Please note that there has been a legal challenge filed in the U.S. District Court, Eastern District of Missouri, to enjoin SB 755 from taking effect. As a result, the effective date of this legislation may be delayed pending the court’s ruling.
This act updates references to fireworks classifications in the Code of Federal Regulations and removes references to American Pyrotechnics Association standards.
This act contains an emergency clause and went into effect June 11th.Jump To Senate Bills
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