Missouri 2025 Regular Session

Missouri Senate Bill SB560 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 560
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR GREGORY (15).
6	6	2044S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 304.012, RSMo, and to enact in lieu thereof two new sections relating to stunt
9	9	driving, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 304.012, R SMo, is repealed and two new 1
13	13	sections enacted in lieu thereof, to be known as sections 2
14	14	304.012 and 304.145, to read as follows:3
15	15	304.012. 1. Every person operating a motor vehicle on 1
16	16	the roads and highways of this state shall drive the vehicle 2
17	17	in a careful and prudent manner and at a rate of speed so as 3
18	18	not to endanger the property of another or the life or limb 4
19	19	of any person and shall exercise the highest degree of care. 5
20	20	2. No person operating a motor vehicle on the roads 6
21	21	and highways of this state shall perform stunt driving, as 7
22	22	such term is defined in section 304.145. 8
23	23	3. Any person who violates the provisions of this 9
24	24	section is guilty of a class B misdemeanor, unless an 10
25	25	accident is involved then it shall be a class A misdemeanor . 11
26	26	304.145. 1. As used in this section, the following 1
27	27	terms mean: 2
28	28	(1) "Aggravated offender", a person who has been found 3
29	29	guilty of: 4
30	30	(a) Three or more violations of this section committed 5
31	31	on separate occasions; or 6 SB 560 2
32	32	(b) Two or more violations of this section committed 7
33	33	on separate occasions where in at least one of the 8
34	34	violations the defendant was operating a vehicle and another 9
35	35	person was injured or killed; 10
36	36	(2) "Burnout", a maneuver performed while operating a 11
37	37	motor vehicle whereby the wheels of the motor vehicle are 12
38	38	spun, resulting in friction causing the motor vehicle's 13
39	39	tires to heat up and emit smoke; 14
40	40	(3) "Chronic offender", a person who has been found 15
41	41	guilty of: 16
42	42	(a) Four or more violations of this section committed 17
43	43	on separate occasions; or 18
44	44	(b) Three or more violations of this section committed 19
45	45	on separate occasions where in at least one of the 20
46	46	violations the defendant was operating a vehicle and another 21
47	47	person was injured or killed; or 22
48	48	(c) Two or more violations of this section committed 23
49	49	on separate occasions where in both of the violations the 24
50	50	defendant was operating a vehicle and another person was 25
51	51	injured or killed; 26
52	52	(4) "Donut", a motor vehicle maneuver in which the 27
53	53	front or rear of the motor vehicle is rotated around the 28
54	54	opposite set of wheels in a motion that may cause a curved 29
55	55	skid-mark pattern of rubber on the driving surface, or the 30
56	56	tires to heat up and emit smoke, or both; 31
57	57	(5) "Drag race", the operati on of two or more motor 32
58	58	vehicles from a point side by side in a competitive attempt 33
59	59	to outgain or outdistance each other, or the operation of 34
60	60	one or more motor vehicles over a common selected course, 35
61	61	for the purpose of comparing the relative speeds, po wer, or 36
62	62	acceleration of such motor vehicles within a certain 37
63	63	distance or time limit; 38 SB 560 3
64	64	(6) "Drifting", a motor vehicle maneuver in which the 39
65	65	motor vehicle is steered so that it makes a controlled skid 40
66	66	sideways through a turn with the front wheels o riented in a 41
67	67	direction opposite the turn; 42
68	68	(7) "Habitual offender", a person who has been found 43
69	69	guilty of: 44
70	70	(a) Five or more violations of this section committed 45
71	71	on separate occasions; or 46
72	72	(b) Four or more violations of this section commi tted 47
73	73	on separate occasions where in at least one of the 48
74	74	violations the defendant was operating a vehicle and another 49
75	75	person was injured or killed; or 50
76	76	(c) Three or more violations of this section committed 51
77	77	on separate occasions where in at least t wo of the 52
78	78	violations the defendant was operating a vehicle and another 53
79	79	person was injured or killed; 54
80	80	(8) "Highway", any public thoroughfare for vehicles, 55
81	81	including state roads, county roads and public streets, 56
82	82	avenues, boulevards, parkways, or al leys in any municipality; 57
83	83	(9) "Persistent offender", a person who has been found 58
84	84	guilty of: 59
85	85	(a) Two or more violations of this section committed 60
86	86	on separate occasions; or 61
87	87	(b) One violation of this section where the defendant 62
88	88	was operating a vehicle and another person was injured or 63
89	89	killed; 64
90	90	(10) "Prior offender", a person who has been found 65
91	91	guilty of a violation of this section where such prior 66
92	92	offense occurred within five years of the violation for 67
93	93	which the person is charged; 68
94	94	(11) "Race", the operation of one or more motor 69
95	95	vehicles arising from a challenge to demonstrate superiority 70 SB 560 4
96	96	of a motor vehicle or driver, and the acceptance of or 71
97	97	competitive response to that challenge, either through a 72
98	98	prior arrangement or in immediate response, in which the 73
99	99	competitor attempts to outgain or outdistance another motor 74
100	100	vehicle, to prevent another motor vehicle from passing, to 75
101	101	arrive at a given destination ahead of another motor 76
102	102	vehicle, to test the physical stamina or endura nce of 77
103	103	drivers, to exhibit speed or acceleration, or to set a speed 78
104	104	or acceleration record; 79
105	105	(12) "Street takeover", the act of disrupting the 80
106	106	regular flow of traffic for the purpose of performing, 81
107	107	facilitating, or spectating stunt driving; 82
108	108	(13) "Stunt driving", to operate a motor vehicle 83
109	109	performing a race, a drag race, a burnout, a donut, a 84
110	110	wheelie, or drifting; 85
111	111	(14) "Wheelie", a motor vehicle maneuver whereby a 86
112	112	vehicle is ridden for a distance with the front or rear 87
113	113	wheel or wheels raised off the ground. 88
114	114	2. Except as otherwise permitted by law, no person 89
115	115	shall: 90
116	116	(1) Perform stunt driving in connection with a street 91
117	117	takeover; or 92
118	118	(2) Perform or participate in a street takeover. 93
119	119	3. Violation of this section sh all be a class A 94
120	120	misdemeanor for a first offense, a class E felony for a 95
121	121	second offense, and a class D felony for a third or 96
122	122	subsequent offense. 97
123	123	4. No defendant alleged and proved to be a prior 98
124	124	offender, persistent offender, aggravated offender, chronic 99
125	125	offender, or habitual offender shall be granted a suspended 100
126	126	imposition of sentence or be sentenced to pay a fine in lieu 101
127	127	of imprisonment. 102 SB 560 5
128	128	5. No defendant alleged and proven to be a prior 103
129	129	offender shall be granted probation or parole until he or 104
130	130	she has served a minimum of ten days imprisonment, unless as 105
131	131	a condition of such probation or parole the person performs 106
132	132	at least thirty days of community service under the 107
133	133	supervision of the court in a jurisdiction that has a 108
134	134	recognized program for community service. 109
135	135	6. No defendant alleged and proven to be an aggravated 110
136	136	offender shall be eligible for probation or parole until he 111
137	137	or she has served a minimum of thirty days imprisonment. 112
138	138	7. No defendant alleged and proven to be a ch ronic or 113
139	139	habitual offender shall be eligible for probation or parole 114
140	140	until he or she has served a minimum of one year 115
141	141	imprisonment. 116
142	142	8. Prior pleas of guilty and prior findings of guilty 117
143	143	shall be pleaded and proven in the same manner as required 118
144	144	by section 558.021. 119
145	145	9. This section shall not apply with regard to events 120
146	146	sanctioned by a political subdivision or private entity with 121
147	147	responsibility for maintenance and control of the portion of 122
148	148	highway or private property on which the motor vehi cle 123
149	149	operation occurs. 124
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