MO
Missouri Senate Bill SB533

Missouri 2025 Regular Session

Missouri Senate Bill SB533 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 533
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR NICOLA.
88 1899S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 302.309 and 302.341, RSMo, and to enact in lieu thereof two new sections
1111 relating to driver's licenses, with a delayed effective date.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 302.309 and 302.341, RSMo, are 1
1515 repealed and two new sections enacted in lieu thereof, to be 2
1616 known as sections 302.309 and 302.341, to read as follows:3
1717 302.309. 1. Whenever any license is suspended 1
1818 pursuant to sections 302.302 to 302.309, the director of 2
1919 revenue shall return the license to the operator immediately 3
2020 upon the termination of the period of suspension an d upon 4
2121 compliance with the requirements of chapter 303. 5
2222 2. Any operator whose license is revoked pursuant to 6
2323 [these] sections 302.302 to 302.309, upon the termination of 7
2424 the period of revocation, shall apply for a new license in 8
2525 the manner prescribed by law. 9
2626 3. (1) All circuit courts, the director of revenue, 10
2727 or a commissioner operating under section 478.007 shall have 11
2828 jurisdiction to hear applications and make eligibility 12
2929 determinations granting limited driving privileges, except 13
3030 as provided under subdivision (8) of this subsection. Any 14
3131 application may be made in writing to the director of 15
3232 revenue and the person's reasons for requesting the limited 16
3333 driving privilege shall be made therein. 17 SB 533 2
3434 (2) When any court of record having ju risdiction or 18
3535 the director of revenue finds that an operator is required 19
3636 to operate a motor vehicle in connection with any of the 20
3737 following: 21
3838 (a) A business, occupation, or employment; 22
3939 (b) Seeking medical treatment for such operator; 23
4040 (c) Attending school or other institution of higher 24
4141 education; 25
4242 (d) Attending alcohol- or drug-treatment programs; 26
4343 (e) Seeking the required services of a certified 27
4444 ignition interlock device provider; [or] 28
4545 (f) Attending a place of worship; 29
4646 (g) Traveling to and from essential businesses 30
4747 including, but not limited to, grocery stores, supermarkets, 31
4848 hardware stores, convenience and discount stores, 32
4949 pharmacies, post offices and other shipping outlets, and gas 33
5050 stations; or 34
5151 (h) Any other circumstance the court or director finds 35
5252 would create an undue hardship on the operator, 36
5353 the court or director may grant such limited driving 37
5454 privilege as the circumstances of the case justify if the 38
5555 court or director finds undue hardship would r esult to the 39
5656 individual, and while so operating a motor vehicle within 40
5757 the restrictions and limitations of the limited driving 41
5858 privilege the driver shall not be guilty of operating a 42
5959 motor vehicle without a valid license. 43
6060 (3) An operator may make application to the proper 44
6161 court in the county in which such operator resides or in the 45
6262 county in which is located the operator's principal place of 46
6363 business or employment. Any application for a limited 47
6464 driving privilege made to a circuit court shall name the 48 SB 533 3
6565 director as a party defendant and shall be served upon the 49
6666 director prior to the grant of any limited privilege, and 50
6767 shall be accompanied by a copy of the applicant's driving 51
6868 record as certified by the director. Any applicant for a 52
6969 limited driving privilege shall have on file with the 53
7070 department of revenue proof of financial responsibility as 54
7171 required by chapter 303. Any application by a person who 55
7272 transports persons or property as classified in section 56
7373 302.015 may be accompanied by proo f of financial 57
7474 responsibility as required by chapter 303, but if proof of 58
7575 financial responsibility does not accompany the application, 59
7676 or if the applicant does not have on file with the 60
7777 department of revenue proof of financial responsibility, the 61
7878 court or the director has discretion to grant the limited 62
7979 driving privilege to the person solely for the purpose of 63
8080 operating a vehicle whose owner has complied with chapter 64
8181 303 for that vehicle, and the limited driving privilege must 65
8282 state such restrictio n. When operating such vehicle under 66
8383 such restriction the person shall carry proof that the owner 67
8484 has complied with chapter 303 for that vehicle. 68
8585 (4) No limited driving privilege shall be issued to 69
8686 any person otherwise eligible under the provisio ns of 70
8787 subdivision (6) of this subsection if such person has a 71
8888 license denial under paragraph (a) or (b) of subdivision (8) 72
8989 of this subsection or on a license revocation resulting from 73
9090 a conviction under subdivision (9) of subsection 1 of 74
9191 section 302.302, or a license revocation under subdivision 75
9292 (2) of subsection 2 of section 302.525, or section 302.574 76
9393 or 577.041, until the applicant has filed proof with the 77
9494 department of revenue that any motor vehicle operated by the 78
9595 person is equipped with a fun ctioning, certified ignition 79
9696 interlock device as a required condition of limited driving 80 SB 533 4
9797 privilege. The ignition interlock device required for 81
9898 obtaining a limited driving privilege under paragraph (a) or 82
9999 (b) of subdivision (8) of this subsection shall have a photo 83
100100 identification technology feature, and a court may require a 84
101101 global positioning system feature for such device. 85
102102 (5) The court order or the director's grant of the 86
103103 limited or restricted driving privilege shall indicate the 87
104104 termination date of the privilege, which shall be not later 88
105105 than the end of the period of suspension or revocation. The 89
106106 court order or the director's grant of the limited or 90
107107 restricted driving privilege shall also indicate whether a 91
108108 functioning, certified ignit ion interlock device is required 92
109109 as a condition of operating a motor vehicle with the limited 93
110110 driving privilege. A copy of any court order shall be sent 94
111111 by the clerk of the court to the director, and a copy shall 95
112112 be given to the driver which shall be carried by the driver 96
113113 whenever such driver operates a motor vehicle. The director 97
114114 of revenue upon granting a limited driving privilege shall 98
115115 give a copy of the limited driving privilege to the 99
116116 applicant. The applicant shall carry a copy of the limite d 100
117117 driving privilege while operating a motor vehicle. A 101
118118 conviction which results in the assessment of points 102
119119 pursuant to section 302.302, other than a violation of a 103
120120 municipal stop sign ordinance where no accident is involved, 104
121121 against a driver who is operating a vehicle pursuant to a 105
122122 limited driving privilege terminates the privilege, as of 106
123123 the date the points are assessed to the person's driving 107
124124 record. If the date of arrest is prior to the issuance of 108
125125 the limited driving privilege, the privilege shall not be 109
126126 terminated. Failure of the driver to maintain proof of 110
127127 financial responsibility, as required by chapter 303, or to 111
128128 maintain proof of installation of a functioning, certified 112 SB 533 5
129129 ignition interlock device, as applicable, shall terminate 113
130130 the privilege. The director shall notify by ordinary mail 114
131131 the driver whose privilege is so terminated. 115
132132 (6) Except as provided in subdivision (8) of this 116
133133 subsection, no person is eligible to receive a limited 117
134134 driving privilege whose license at the tim e of application 118
135135 has been suspended or revoked for the following reasons: 119
136136 (a) A conviction of any felony in the commission of 120
137137 which a motor vehicle was used and such conviction occurred 121
138138 within the five-year period prior to the date of 122
139139 application. However, any felony conviction for leaving the 123
140140 scene of an accident under section 577.060 shall not render 124
141141 the applicant ineligible for a limited driving privilege 125
142142 under this section; 126
143143 (b) Ineligibility for a license because of the 127
144144 provisions of subdivision (1), (2), (4), (5), (6), (7), (8), 128
145145 (9), or (10) of subsection 1 of section 302.060; or 129
146146 (c) Due to a suspension pursuant to subdivision (8) or 130
147147 (10) of subsection 1 of section 302.302 or subsection 2 of 131
148148 section 302.525. 132
149149 (7) No person who possesses a commercial driver's 133
150150 license shall receive a limited driving privilege issued for 134
151151 the purpose of operating a commercial motor vehicle if such 135
152152 person's driving privilege is suspended, revoked, cancelled, 136
153153 denied, or disqualified. Nothing in this section shall 137
154154 prohibit the issuance of a limited driving privilege for the 138
155155 purpose of operating a noncommercial motor vehicle provided 139
156156 that pursuant to the provisions of this section, the 140
157157 applicant is not otherwise ineligible for a limite d driving 141
158158 privilege. 142
159159 (8) (a) Provided that pursuant to the provisions of 143
160160 this section, the applicant is not otherwise ineligible for 144 SB 533 6
161161 a limited driving privilege, a circuit court or the director 145
162162 may, in the manner prescribed in this subsection, a llow a 146
163163 person who has had such person's license to operate a motor 147
164164 vehicle revoked where that person cannot obtain a new 148
165165 license for a period of ten years, as prescribed in 149
166166 subdivision (9) of subsection 1 of section 302.060, to apply 150
167167 for a limited driving privilege pursuant to this 151
168168 subsection. Such person shall present evidence satisfactory 152
169169 to the court or the director that such person's habits and 153
170170 conduct show that the person no longer poses a threat to the 154
171171 public safety of this state. A circuit court shall grant a 155
172172 limited driving privilege to any individual who otherwise is 156
173173 eligible to receive a limited driving privilege, has filed 157
174174 proof of installation of a certified ignition interlock 158
175175 device, and has had no alcohol -related enforcement cont acts 159
176176 since the alcohol-related enforcement contact that resulted 160
177177 in the person's license denial. 161
178178 (b) Provided that pursuant to the provisions of this 162
179179 section, the applicant is not otherwise ineligible for a 163
180180 limited driving privilege or convicted of acting with 164
181181 criminal negligence while driving while intoxicated to cause 165
182182 the death of another person, a circuit court or the director 166
183183 may, in the manner prescribed in this subsection, allow a 167
184184 person who has had such person's license to operate a mot or 168
185185 vehicle revoked where that person cannot obtain a new 169
186186 license for a period of five years because of two 170
187187 convictions of driving while intoxicated, as prescribed in 171
188188 subdivision (10) of subsection 1 of section 302.060, to 172
189189 apply for a limited driving p rivilege pursuant to this 173
190190 subsection. Such person shall present evidence satisfactory 174
191191 to the court or the director that such person's habits and 175
192192 conduct show that the person no longer poses a threat to the 176 SB 533 7
193193 public safety of this state. Any person who is denied a 177
194194 license permanently in this state because of an alcohol - 178
195195 related conviction subsequent to a restoration of such 179
196196 person's driving privileges pursuant to subdivision (9) of 180
197197 subsection 1 of section 302.060 shall not be eligible for 181
198198 limited driving privilege pursuant to the provisions of this 182
199199 subdivision. A circuit court shall grant a limited driving 183
200200 privilege to any individual who otherwise is eligible to 184
201201 receive a limited driving privilege, has filed proof of 185
202202 installation of a certified i gnition interlock device, and 186
203203 has had no alcohol-related enforcement contacts since the 187
204204 alcohol-related enforcement contact that resulted in the 188
205205 person's license denial. 189
206206 (9) A DWI docket or court established under section 190
207207 478.007 may grant a limi ted driving privilege to a 191
208208 participant in or graduate of the program who would 192
209209 otherwise be ineligible for such privilege under another 193
210210 provision of law. 194
211211 4. Any person who has received notice of denial of a 195
212212 request of limited driving privilege by the director of 196
213213 revenue may make a request for a review of the director's 197
214214 determination in the circuit court of the county in which 198
215215 the person resides or the county in which is located the 199
216216 person's principal place of business or employment within 200
217217 thirty days of the date of mailing of the notice of denial. 201
218218 Such review shall be based upon the records of the 202
219219 department of revenue and other competent evidence and shall 203
220220 be limited to a review of whether the applicant was 204
221221 statutorily entitled to the li mited driving privilege. 205
222222 5. The director of revenue shall promulgate rules and 206
223223 regulations necessary to carry out the provisions of this 207
224224 section. Any rule or portion of a rule, as that term is 208 SB 533 8
225225 defined in section 536.010, that is created under the 209
226226 authority delegated in this section shall become effective 210
227227 only if it complies with and is subject to all of the 211
228228 provisions of chapter 536 and, if applicable, section 212
229229 536.028. This section and chapter 536 are nonseverable and 213
230230 if any of the powers ve sted with the general assembly 214
231231 pursuant to chapter 536 to review, to delay the effective 215
232232 date or to disapprove and annul a rule are subsequently held 216
233233 unconstitutional, then the grant of rulemaking authority and 217
234234 any rule proposed or adopted after August 28, 2001, shall be 218
235235 invalid and void. 219
236236 302.341. 1. If a Missouri resident charged with a 1
237237 moving traffic violation of this state or any county or 2
238238 municipality of this state fails to dispose of the charges 3
239239 of which the resident is acc used through authorized 4
240240 prepayment of fine and court costs and fails to appear on 5
241241 the return date or at any subsequent date to which the case 6
242242 has been continued, or without good cause fails to pay any 7
243243 fine or court costs assessed against the resident f or any 8
244244 such violation within the period of time specified or in 9
245245 such installments as approved by the court or as otherwise 10
246246 provided by law, any court having jurisdiction over the 11
247247 charges shall within ten days of the failure to comply 12
248248 inform the defendant by ordinary mail at the last address 13
249249 shown on the court records that the court [will] may order 14
250250 the director of revenue to suspend the defendant's driving 15
251251 privileges if the charges are not disposed of and fully paid 16
252252 within thirty days from the date of mailing. Thereafter, if 17
253253 the defendant fails to timely act to dispose of the charges 18
254254 and fully pay any applicable fines and court costs, the 19
255255 court [shall] may notify the director of revenue of such 20
256256 failure and of the pending charges against the def endant. 21 SB 533 9
257257 Upon receipt of this notification, the director shall 22
258258 suspend the license of the driver, effective immediately, 23
259259 and provide notice of the suspension to the driver at the 24
260260 last address for the driver shown on the records of the 25
261261 department of revenue. Such suspension shall remain in 26
262262 effect until the court with the subject pending charge 27
263263 requests setting aside the noncompliance suspension pending 28
264264 final disposition, or satisfactory evidence of disposition 29
265265 of pending charges and payment of fine and court costs, if 30
266266 applicable, is furnished to the director by the individual. 31
267267 The filing of financial responsibility with the [bureau of 32
268268 safety responsibility, ] department of revenue [,] shall not 33
269269 be required as a condition of reinstatement of a dri ver's 34
270270 license suspended solely under the provisions of this 35
271271 [section] subsection. 36
272272 2. The provisions of subsection 1 of this section 37
273273 shall not apply to minor traffic violations as defined in 38
274274 section 479.350; however, minor traffic violations shall be 39
275275 subject to subsection 3 of this section . 40
276276 3. If a Missouri resident charged with a minor traffic 41
277277 violation of this state or any county or municipality of 42
278278 this state fails to dispose of the charges of which the 43
279279 resident is accused through autho rized prepayment of fine 44
280280 and court costs and fails to appear on two return dates, or 45
281281 without good cause fails to pay any fine or court costs 46
282282 assessed against the resident for any such violation within 47
283283 the period of time specified or in such installment s as 48
284284 approved by the court or as otherwise provided by law, any 49
285285 court having jurisdiction over the charges shall, within ten 50
286286 days of the failure to comply, inform the defendant by 51
287287 ordinary mail at the last address shown on the court records 52
288288 that the court may order the director of revenue to suspend 53 SB 533 10
289289 the defendant's driving privileges if the charges are not 54
290290 disposed of and fully paid within thirty days from the date 55
291291 of mailing. Thereafter, if the defendant fails to timely 56
292292 act to dispose of the char ges and fully pay any applicable 57
293293 fines and court costs, the court may notify the director of 58
294294 revenue of such failure and of the pending charges against 59
295295 the defendant. Upon receipt of this notification, the 60
296296 director shall suspend the license of the dri ver, effective 61
297297 immediately, and provide notice of the suspension to the 62
298298 driver at the last address for the driver shown on the 63
299299 records of the department of revenue. Such suspension shall 64
300300 remain in effect until the court with the subject pending 65
301301 charge requests setting aside the noncompliance suspension 66
302302 pending final disposition, or satisfactory evidence of 67
303303 disposition of pending charges and payment of fine and court 68
304304 costs, if applicable, is furnished to the director by the 69
305305 individual. The filing of financial responsibility with the 70
306306 department of revenue shall not be required as a condition 71
307307 of reinstatement of a driver's license suspended solely 72
308308 under the provisions of this subsection. 73
309309 4. Where a defendant is charged exclusively with minor 74
310310 traffic violations, as such term is defined in section 75
311311 479.350, any suspension under this section shall be 76
312312 accompanied by issuance from the director of revenue of a 77
313313 temporary driving permit for thirty days for all purposes 78
314314 identified under subdivisio n (2) of subsection 3 of section 79
315315 302.309, unless the director finds the defendant is 80
316316 ineligible for such privileges under the provisions of 81
317317 section 302.309. 82
318318 5. Subsections 3 and 4 of this section shall not be 83
319319 retroactive. 84 SB 533 11
320320 Section B. The repeal and reenactment of sections 1
321321 302.309 and 302.341 of this act shall become effective on 2
322322 January 1, 2026. 3
323323