Patrol Provides Synopsis Of Some New Laws Related To Crime & Motor Vehicles
Below is a synopsis of some of the new legislation the Missouri General Assembly recently enacted that is related to crime and motor vehicles. Governor Eric Greitens has signed the listed legislation into law. Unless otherwise noted, these laws went into effect August 28, 2017. The Patrol wishes to make the public aware of several of these new laws or changes to increase public awareness and education. For a complete description of these newly enacted laws, visit the Missouri House of Representatives or Missouri Senate websites.
HB 151– REAL ID COMPLIANT LICENSES (Section 302.170, RSMo.)
This bill requires the Department of Revenue to amend its procedures in order to comply with the federal REAL ID Act. Applicants will choose a REAL ID-compliant driver license or identification card or a noncompliant driver license or identification card. DOR will be required to inform applicants that the REAL ID-compliant driver's license or identification card can be used as identification for commercial domestic air travel, and gaining access to military bases and most federal government facilities, while the non-compliant license or card cannot.
The bill specifies that any biometric data collected for these purposes will be retained only for the purposes of complying with the REAL ID Act. Documents retained as required for REAL ID compliance driver's licenses or identification cards must be stored solely on a system not connected to the Internet. This provision contains a penalty provision for unauthorized release of personal information.
Senate Bills 8, 222, and 225 contain provisions substantially similar.
This act makes numerous regulatory changes relating to commercial vehicle enforcement to bring Missouri into compliance with the federal Fixing America’s Surface Transportation (FAST) Act.
AUTOCYCLES (Section 304.005 RSMo.)
This act modifies the definition of "autocycle" to include partially or completely enclosed vehicles with non-straddle-type seating. This act requires that operators and riders must wear helmets unless the autocycle has a roof. A standard driver’s license is required for operation.
MOVE OVER LAW (Sections 304.022 & 307.175 RSMo.)
Section 307.175 RSMo authorizing use of red or red and blue lights changed to include MoDOT contractor/subcontractor owned vehicles in work zones at night when workers are present and signage is displayed. Added to this statute is the authorization for use of amber or amber and white lights on MoDOT vehicles operated by authorized persons; including contractors/subs of MoDOT while stationary; and on utility vehicles operated by utility workers while stationary. The move over provision of Section 304.022 RSMo. is no longer limited to emergency vehicles with red/blue lights. Now, vehicles displaying lighted amber or amber and white lights will trigger the move over provision, also. This allows the vehicles authorized to use special lighting by changes in Section 307.175 RSMo., to be included in the move over requirement without having to first be designated emergency vehicles. These provisions relating to lighting and the move over law were passed with an emergency clause and are already in effect.
COMMERCIAL TRUCK ROUTES (Section 304.120 RSMo.)
This act specifies that a commercial motor vehicle's use of a specially-designated route shall not be deemed a nuisance or evidence of a nuisance.
AGRICULTURAL IMPLEMENTS ON HIGHWAYS (304.170 RSMo.)
This act provides that agricultural machinery and implements may be operated on state highways between the hours of sunset and sunrise for agricultural purposes provided such vehicles are equipped with lighting meeting the requirements of Section 307.115 RSMo.
LED LIGHTING (Section 307.005 RSMo.)
This act provides that lamps, lights, and other pieces of vehicle lighting equipment that consist of multiple light-emitting diodes shall be deemed to be operating properly so long as at least 75 percent of the light-emitting diodes are operating properly.
HISTORIC TRAILER LICENSE PLATES (Section 301.136 RSMo.)
This act allows camping trailers more than 25 years old to be permanently registered and be issued historic trailer license plates.
IGNITION INTERLOCK DEVICES (Section 302.441 RSMo.)
Currently, DWI offenders requiring ignition interlock devices may apply for an exemption to allow operation of a vehicle owned by his or her employer. Under this act, such exemptions shall not be granted where the offender is self-employed or owns the business entity that owns the vehicle.
COMMERCIAL ZONES (Section 304.190 RSMO.)
This act expands the commercial zone of Kansas City to include the cities of Lone Jack and Strasburg.
SB 34 – Criminal Offenses
PUBLIC EMPLOYEE RETIREMENT BENEFITS (Section 105.669 RSMo.)
This act modifies provisions related to public pension forfeiture when a person is convicted of certain felonies in direct connection with or directly related to the person’s duties. The employer is required to notify the appropriate retirement system and provide information related to the conviction.
HATE OFFENSES (Section 557.035 RSMo.)
This act changes an assault in the third degree or harassment in the first degree when motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, to a class D felony. Assaults in the fourth degree motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, such violation shall be a class E felony.
INVOLUNTARY MANSLAUGHTER (Sections 565.024 & 565.027 RSMo.)
Under current law, the offense of involuntary manslaughter in the first degree is a class C felony. This act makes involuntary manslaughter in the first degree is a class B felony if the victim is targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer. Similarly, the offense of involuntary manslaughter in the second degree is enhanced to a class D felony if the victim is targeted as a law enforcement officer or a relative within the second degree (otherwise it is a class E felony).
STALKING (Sections 565.225 & 565.227 RSMo.)
Under current law, the offense of stalking in the first degree is a class E felony. This act stipulates that stalking in the first degree is a class D felony if the victim is targeted as a law enforcement officer or a relative within the second degree. Under current law, the offense of stalking in the second degree is a class A misdemeanor. This act stipulates that stalking in the second degree is a class E felony if the victim is targeted as a law enforcement officer or a relative within the second degree.
PRESENCE OF CERTAIN OFFENDERS (Section 566.150 RSMo.)
This act adds museums with the primary purpose of entertaining or educating children under 18 to the list of public places where individuals found guilty of certain (primarily sex) offenses shall not knowingly be present in or loiter within 500 feet.
PROPERTY DAMAGE (Sections 569.100 & 569.120 RSMo.)
Under current law, property damage in the first degree (over $750 damage) is a class E felony. This act, enhances the penalty to a class D felony if the victim is targeted as a law enforcement officer or a relative within the second degree. Property damage in the second degree is enhanced from a class B misdemeanor to a class A misdemeanor if the victim is targeted as a law enforcement officer or a relative within the second degree.
TRESPASS (Section 569.140 RSMo.)
Under current law, the offense of trespass in the first degree is enhanced to a class A misdemeanor if the victim is targeted as a law enforcement officer or a relative within the second degree.
INTOXICATION-RELATED OFFENSES (Sections 577.001 & 577.010 RSMo.)
The definition of "intoxication-related traffic offense" is expanded to include offenses that violate state, federal and military law. This act makes DWI a class B felony if the person acts with criminal negligence to 1) cause the death of any person who is not a passenger in the vehicle operated by the defendant; or 2) cause the death of any two or more persons; or 3) cause the death of any person while having a blood alcohol content of at least .18 percent.
LEAVING THE SCENE OF AN ACCIDENT (Section 577.060 RSMo.)
The offense of leaving the scene of an accident is a class D felony if a death occurred as a result of the accident.
ILLEGAL REENTRY (Section 577.685 RSMo.)
This act creates the new crime of illegal reentry. A person commits the crime of illegal reentry if he or she has been deported and thereafter illegally enters the state of Missouri and commits the offense of assault, domestic assault, dangerous felonies (see Section 556.061 RSMo.), drug crimes other than marijuana possession, or any equivalent crimes in another state. Illegal reentry is a class C felony.
EXPUNGEMENT OF OFFENSES DUE TO IDENTITY THEFT (Section 610.145 RSMo.)
The act creates a new law allowing a person to petition for the expungement of records relating to any offense that is the result of mistaken identity or identity theft.
BLUE ALERT SYSTEM (Section 650.520 RSMo.)
This act creates the Blue Alert System for the notification of the general public in instances where law enforcement officers are killed or injured. The Department of Public Safety will manage the system. Any person who makes a false report that triggers an alert of the system is guilty of a class A misdemeanor; however, if death or serious physical injury results from such a false report, it is a class E felony.
SB 160 – Child Protection
DEFINITIONS OF CHILD ABUSE AND NEGLECT (Section 210.110 RSMo.)
This act modifies the definitions of child abuse and child neglect to include victims of sex trafficking or severe forms of trafficking as defined in federal law. Additionally, the definition of "those responsible for the care, custody, and control of the child" is modified to add any person who takes control of the child by deception, force, or coercion.