Summary of the House Committee Version of the Bill

HCS SCS SB 93 -- INTOXICATION

SPONSOR:  Green (Deeken)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention by a vote of 7 to 0.

This substitute establishes a drunk driving awareness program and
changes the laws regarding continuous alcohol monitoring and
alcohol beverage vaporizers.

DRUNK DRIVING RISK REDUCTION AWARENESS PROGRAM

The substitute requires the Department of Transportation to
establish and administer a drunk driving risk reduction awareness
program to be known as "David's Law," including a drunk driving
victim memorial sign program.  The department must adopt, by
rules and regulations, program guidelines for the application for
and placement of signs including, but not limited to, the sign
application and qualification process, the procedure for the
dedication of signs, and procedures for the replacement or
restoration of any signs that are damaged or stolen.

Any person may apply to the department to sponsor a drunk driving
victim memorial sign in memory of an immediate family member who
died as a result of a motor vehicle accident caused by a person
who was shown to have been operating a motor vehicle in violation
of an alcohol-related traffic law at the time of the accident.  A
person who is not a member of the victim's immediate family may
also make a request if he or she submits the written consent of a
member of the victim's immediate family.  The department will
charge the sponsoring party a fee to cover the department's cost
in designing, constructing, erecting, and maintaining the sign.
Signs will remain in place for 10 years and may be renewed for
another 10 years after payment of the appropriate maintenance
fees.

The signs developed by the department will feature the words
"Drunk Driving Victim!", the initials of the deceased victim, the
month and year in which the victim was killed, and the phrase
"Who's Next?".

CONTINUOUS ALCOHOL MONITORING

"Continuous alcohol monitoring" is defined as automatically
testing breath, blood, or transdermal alcohol concentration
levels and tamper attempts at least once every hour regardless of
the person's location and regularly transmitting the data.  The
substitute specifies that a court may order as a condition of
probation and parole for any person who pleads guilty to or is
found guilty of an intoxication-related traffic offense to
abstain from consuming or using alcohol as demonstrated by
continuous alcohol monitoring or verifiable breath alcohol
testing performed at least four times daily and for a duration
determined by the court but not less than 90 days.  The offender
may also be required to pay the costs associated with the
monitoring or testing.

ALCOHOL BEVERAGE VAPORIZERS

The substitute prohibits the use or possession of an alcohol
beverage vaporizer and exempts any substance that has been
approved by the United States Food and Drug Administration as a
therapeutic drug product, is contained in an approved
over-the-counter drug product, or is administered lawfully by an
order of an authorized medical practitioner as it relates to
Section 578.255, RSMo, regarding the illegal possession, use, or
abuse of certain substances.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
in FY 2010, FY 2011, and FY 2012.  No impact on Other State Funds
in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that the implementation of a drunk
driving memorial sign program is a good drunk driving awareness
program.

Testifying for the bill were Representative Deeken for Senator
Green; and Gayle Rainey.

OPPONENTS:  There was no opposition voiced to the committee.

Copyright (c) Missouri House of Representatives


Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am