FIRST REGULAR SESSION
SENATE BILL NO. 560
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
2044S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 304.012, RSMo, and to enact in lieu thereof two new sections relating to stunt
driving, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 304.012, R SMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
304.012 and 304.145, to read as follows:3
304.012. 1. Every person operating a motor vehicle on 1
the roads and highways of this state shall drive the vehicle 2
in a careful and prudent manner and at a rate of speed so as 3
not to endanger the property of another or the life or limb 4
of any person and shall exercise the highest degree of care. 5
2. No person operating a motor vehicle on the roads 6
and highways of this state shall perform stunt driving, as 7
such term is defined in section 304.145. 8
3. Any person who violates the provisions of this 9
section is guilty of a class B misdemeanor, unless an 10
accident is involved then it shall be a class A misdemeanor . 11
304.145. 1. As used in this section, the following 1
terms mean: 2
(1) "Aggravated offender", a person who has been found 3
guilty of: 4
(a) Three or more violations of this section committed 5
on separate occasions; or 6 SB 560 2
(b) Two or more violations of this section committed 7
on separate occasions where in at least one of the 8
violations the defendant was operating a vehicle and another 9
person was injured or killed; 10
(2) "Burnout", a maneuver performed while operating a 11
motor vehicle whereby the wheels of the motor vehicle are 12
spun, resulting in friction causing the motor vehicle's 13
tires to heat up and emit smoke; 14
(3) "Chronic offender", a person who has been found 15
guilty of: 16
(a) Four or more violations of this section committed 17
on separate occasions; or 18
(b) Three or more violations of this section committed 19
on separate occasions where in at least one of the 20
violations the defendant was operating a vehicle and another 21
person was injured or killed; or 22
(c) Two or more violations of this section committed 23
on separate occasions where in both of the violations the 24
defendant was operating a vehicle and another person was 25
injured or killed; 26
(4) "Donut", a motor vehicle maneuver in which the 27
front or rear of the motor vehicle is rotated around the 28
opposite set of wheels in a motion that may cause a curved 29
skid-mark pattern of rubber on the driving surface, or the 30
tires to heat up and emit smoke, or both; 31
(5) "Drag race", the operati on of two or more motor 32
vehicles from a point side by side in a competitive attempt 33
to outgain or outdistance each other, or the operation of 34
one or more motor vehicles over a common selected course, 35
for the purpose of comparing the relative speeds, po wer, or 36
acceleration of such motor vehicles within a certain 37
distance or time limit; 38 SB 560 3
(6) "Drifting", a motor vehicle maneuver in which the 39
motor vehicle is steered so that it makes a controlled skid 40
sideways through a turn with the front wheels o riented in a 41
direction opposite the turn; 42
(7) "Habitual offender", a person who has been found 43
guilty of: 44
(a) Five or more violations of this section committed 45
on separate occasions; or 46
(b) Four or more violations of this section commi tted 47
on separate occasions where in at least one of the 48
violations the defendant was operating a vehicle and another 49
person was injured or killed; or 50
(c) Three or more violations of this section committed 51
on separate occasions where in at least t wo of the 52
violations the defendant was operating a vehicle and another 53
person was injured or killed; 54
(8) "Highway", any public thoroughfare for vehicles, 55
including state roads, county roads and public streets, 56
avenues, boulevards, parkways, or al leys in any municipality; 57
(9) "Persistent offender", a person who has been found 58
guilty of: 59
(a) Two or more violations of this section committed 60
on separate occasions; or 61
(b) One violation of this section where the defendant 62
was operating a vehicle and another person was injured or 63
killed; 64
(10) "Prior offender", a person who has been found 65
guilty of a violation of this section where such prior 66
offense occurred within five years of the violation for 67
which the person is charged; 68
(11) "Race", the operation of one or more motor 69
vehicles arising from a challenge to demonstrate superiority 70 SB 560 4
of a motor vehicle or driver, and the acceptance of or 71
competitive response to that challenge, either through a 72
prior arrangement or in immediate response, in which the 73
competitor attempts to outgain or outdistance another motor 74
vehicle, to prevent another motor vehicle from passing, to 75
arrive at a given destination ahead of another motor 76
vehicle, to test the physical stamina or endura nce of 77
drivers, to exhibit speed or acceleration, or to set a speed 78
or acceleration record; 79
(12) "Street takeover", the act of disrupting the 80
regular flow of traffic for the purpose of performing, 81
facilitating, or spectating stunt driving; 82
(13) "Stunt driving", to operate a motor vehicle 83
performing a race, a drag race, a burnout, a donut, a 84
wheelie, or drifting; 85
(14) "Wheelie", a motor vehicle maneuver whereby a 86
vehicle is ridden for a distance with the front or rear 87
wheel or wheels raised off the ground. 88
2. Except as otherwise permitted by law, no person 89
shall: 90
(1) Perform stunt driving in connection with a street 91
takeover; or 92
(2) Perform or participate in a street takeover. 93
3. Violation of this section sh all be a class A 94
misdemeanor for a first offense, a class E felony for a 95
second offense, and a class D felony for a third or 96
subsequent offense. 97
4. No defendant alleged and proved to be a prior 98
offender, persistent offender, aggravated offender, chronic 99
offender, or habitual offender shall be granted a suspended 100
imposition of sentence or be sentenced to pay a fine in lieu 101
of imprisonment. 102 SB 560 5
5. No defendant alleged and proven to be a prior 103
offender shall be granted probation or parole until he or 104
she has served a minimum of ten days imprisonment, unless as 105
a condition of such probation or parole the person performs 106
at least thirty days of community service under the 107
supervision of the court in a jurisdiction that has a 108
recognized program for community service. 109
6. No defendant alleged and proven to be an aggravated 110
offender shall be eligible for probation or parole until he 111
or she has served a minimum of thirty days imprisonment. 112
7. No defendant alleged and proven to be a ch ronic or 113
habitual offender shall be eligible for probation or parole 114
until he or she has served a minimum of one year 115
imprisonment. 116
8. Prior pleas of guilty and prior findings of guilty 117
shall be pleaded and proven in the same manner as required 118
by section 558.021. 119
9. This section shall not apply with regard to events 120
sanctioned by a political subdivision or private entity with 121
responsibility for maintenance and control of the portion of 122
highway or private property on which the motor vehi cle 123
operation occurs. 124