0093S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 353 & 434
AN ACT
To amend chapter 557, RSMo, by adding thereto five
new sections relating to criminal proceedings.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 557, RSMo, is amended by adding thereto
five new sections, to be known as sections 557.520, 557.600,
557.602, 557.604, and 557.606, to read as follows:
557.520. 1. For purposes of this section, the
following terms shall me an:
(1) "Failed start", any attempt to start the vehicle
with a breath alcohol concentration exceeding twenty -five
thousandths of one percent by weight of alcohol in such
person's breath, unless a subsequent retest performed within
ten minutes registers a breath alcohol concentration not
exceeding twenty-five thousandths of one percent by weight
of alcohol in such person's breath;
(2) "Running retest", failure to take a breath test
performed by the driver upon a certified ignition interlo ck
device at random intervals after the initial engine startup
breath test and while the vehicle's motor is running or
failure to take a breath retest with a breath alcohol
concentration not exceeding twenty -five thousandths of one
percent by weight of alcohol in such person's breath;
(3) "Vehicle", any mechanical device on wheels,
designed primarily for use, or used, on highways.
2. In any criminal case involving an intoxication -
related traffic offense, the defendant may request to diver t
the criminal case to a driving while intoxicated (DWI)
diversion program described in this section by submitting a
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request to the prosecuting or circuit attorney and sending a
copy of such request to the department of revenue within
fifteen days of his or her arrest. The prosecuting or
circuit attorney may divert the criminal case to this DWI
diversion program by filing a motion with the court to stay
the criminal proceeding, if the defendant meets the
following criteria for eligibility into the DWI diversion
program:
(1) The defendant has not previously pled guilty to or
been convicted of an intoxication -related traffic offense in
violation of sections 577.010, 577.012, 577.013, 577.014,
577.015, or 577.016;
(2) The defendant is not currently enrolled in, and
has not in the previous five years completed, a diversion
program pursuant to this section;
(3) The defendant does not hold a commercial driver's
license;
(4) The offense did not occur while operating a
commercial vehicle;
(5) The offense did not result in the injury or death
of another person; and
(6) The defendant did not refuse to submit to any test
allowed pursuant to section 577.020.
3. Upon a motion filed by the prosecuting or circuit
attorney, the court may continue a diverted case involving
an intoxication-related traffic offense if the prosecuting
or circuit attorney deems appropriate based on the specific
situation of the defendant. The case shall be diverted for
a period not to exceed twenty-four months and order the
defendant to comply with terms, conditions, or requirements.
4. The DWI diversion plan shall be for a specified
period and be in writing. The prosecuting or circuit
attorney has the sole authority to dev elop diversionary
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program requirements, but may require installation of an
ignition interlock device for a period of not less than one
year, require the defendant to participate in a victim
impact panel sponsored by a nonprofit organization, and
require other terms deemed necessary by the court.
5. If the court continues the criminal case to divert
the defendant to this DWI diversion program, a copy of such
order shall be sent to the department of revenue and, upon
receipt, the department shal l continue any proceeding to
suspend or revoke a license pursuant to chapter 302 for a
period not to exceed twenty -four months. After the
defendant successfully completes the requirements of the DWI
diversion program, the department shall dismiss any
proceeding against the defendant.
6. The court shall notify the defendant that he or she
is required to install a functioning, certified ignition
interlock device on any vehicle that the person operates and
the person is prohibited from operating a motor vehicle
unless that vehicle is equipped with a functioning,
certified ignition interlock device pursuant to this
section. These requirements shall be in addition to any
other provisions of this chapter or chapter 302 requiring
installation and maintenance of an ignition interlock
device. Any person required to use an ignition interlock
device shall comply with such requirement subject to the
penalties provided by section 577.599.
7. The department of revenue shall inform the
defendant of the requirements of this section, including the
term for which the person is required to have a certified
ignition interlock device installed and shall notify the
person that installation of a functioning, certified
ignition interlock device on a vehicle does not allow the
person to drive without a valid driver's license. The
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department shall record the mandatory use of the device for
the term required and the time when the device is required
to be installed pursuant to the court order. A person who
is notified by the department shall do all of the following:
(1) Arrange for each vehicle operated by the person to
be equipped with a functioning, certified ignition interlock
device by a certified ignition interlock device provider as
determined by the department of transportation; and
(2) Arrange for each vehicle with a functioning,
certified ignition interlock device to be serviced by the
installer at least once every thirty days for the installer
to recalibrate and monitor the operation of the device.
8. The certified ignition interlock device provider
shall notify the department:
(1) If the device is removed or indicates that the
person has attempted to remove, bypass by a running retest,
or tamper with the d evice;
(2) If the person fails three or more times to comply
with any requirement for the maintenance or calibration of
the ignition interlock device; or
(3) If the device registers a failed start.
If a person has any failed start that occurs within the last
ninety days of the required period of installation of the
ignition interlock device, the term may be extended for a
period of up to ninety days.
9. After the completion of the DWI diversion program
and if the defendant has compli ed with all the imposed terms
and conditions, the court shall dismiss the criminal case
against the defendant, record the dismissal, and transmit
the record to the central repository upon dismissal. Any
court automation system, including any pilot pro ject, that
provides public access to electronic record on the internet
shall redact any personal identifying information of the
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defendant, including name, address, and year of birth. Such
information shall be provided in a confidential filing sheet
contemporaneously filed with the court or entered by the
court, which shall not be subject to public inspection or
availability.
10. In the event of non-compliance by the defendant
with the terms and conditions of the DWI diversion program,
the prosecuting or circuit attorney may file a motion to
terminate the defendant from the diversion program and may
recommend the prosecution of the underlying case. Upon the
filing of such motion, after notice to the defendant, the
court shall hold a heari ng to determine by preponderance of
the evidence whether the defendant has failed to comply with
the terms and conditions of the diversion program. If the
court finds that the defendant has not complied with the
terms and conditions of the diversion p rogram, the court may
end the diversion program and set the case on the next
available criminal docket.
11. Any defendant who is found guilty of any
intoxication-related traffic offense and who has previously
utilized the DWI diversion program pu rsuant to this section
shall be considered a prior offender as defined in section
577.001, provided that the prior offense occurred within
five years of the intoxication -related offense for which the
person is charged, as provided in subsection 20 of s ection
577.001.
12. For the limited purpose of determining whether a
defendant is a chronic, habitual, persistent, or prior
offender under section 577.001, a criminal case diverted to
a DWI diversion program and successfully completed by a
defendant shall be counted as one intoxication -related
traffic offense.
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13. A certified ignition interlock device provider
shall adopt a discounted fee schedule that provides for the
payment of the costs of the certified ignition interlock
device by offenders with an income at or below one hundred
and fifty percent of the federal poverty level. A person
with an income at or below one hundred and fifty percent of
the federal poverty level who provides income verification
shall be responsible for te n percent of the cost of the
ignition interlock device and any additional costs accrued
by the person for noncompliance with program requirements
are not subject to discounted rates and are the sole
responsibility of the person. The certified ignition
interlock provider shall verify the offender's income to
determine the cost of the ignition interlock device by
verifying from the offender the previous year's federal
income tax return, the previous three months of weekly or
monthly income statement s, or a court order declaring the
person with an income at or below one hundred and fifty
percent of the federal poverty level.
14. Nothing in this section shall prohibit a
prosecuting or circuit attorney from diverting a criminal
case pursuant to section 557.014 in any criminal case
involving an intoxication -related traffic offense.
557.600. Sections 557.600 to 557.606 shall be known
and may be cited as the "Missouri Survivors' Act".
557.602. As used in sections 557.600 to 557.606, the
following terms mean:
(1) "Domestic abuse", any act of physical harm or the
threat of imminent physical harm that is committed by an
adult, emancipated minor, or minor child thirteen years of
age or older against another adult, emancipated minor, or
minor child who is currently or was previously an intimate
partner or family or household member;
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(2) "Physical abuse", any real or threatened physical
injury or damage to the body that is not accidental;
(3) "Posttraumatic stress disorder", the same as such
term is defined in the Diagnostic and Statistical Manual of
Mental Disorders, Fifth Edition (DSM -5, 2013), and occurred
as a result of the victimization of a survivor;
(4) "Psychological abuse", a pa ttern of real or
threatened mental intimidation, threats, coercive control,
economic-financial control, or humiliation that is intended
to provoke fear of harm.
557.604. 1. During any hearing to determine a
sentence for a violation of the provisions of chapter 565,
the defendant may present evidence that he or she is a
domestic abuse survivor in that the defendant has previously
been subjected to or suffers from domestic abuse, physical
abuse, psychological abuse, or posttraumatic stress
disorder as defined in section 557.602, and that the
defendant was subjected to such domestic, physical, or
psychological abuse by the victim of the crime for which the
defendant is being sentenced, or suffers from posttraumatic
stress disorder as a result of such abuse by the victim of
the crime for which the defendant is being sentenced.
2. The defendant shall provide such evidence to the
court through the sentencing advisory report generated for
the court by a probation officer.
557.606. During any parole hearing for a violation of
the provisions of chapter 565, the defendant may present
evidence that he or she is a domestic abuse survivor in that
the defendant has previously been subjected to or suffers
from domestic abuse, physical abuse, psychological abuse, or
posttraumatic stress disorder as defined in section 557.602,
and that the defendant was subjected to such domestic,
physical, or psychological abuse by the victim of the crime
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for which the defendant is being considered for parole, or
suffers from posttraumatic stress disorder as a result of
such abuse by the victim of the crime for which the
defendant is being considered for parole.