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MO HB2627
Bill
Status
2/25/2016
Primary Sponsor
Dean Plocher
Click for details
AI Summary
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Repeals and replaces section 577.037 RSMo governing admissibility of blood alcohol chemical test results in DWI criminal trials, license suspension proceedings, and ordinance violations
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Establishes that blood alcohol content of 0.08% or more constitutes prima facie evidence of intoxication; results below 0.08% require dismissal with prejudice unless the court finds exceptions apply (unreliable timing, controlled substance involvement, or substantial witness evidence of intoxication)
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Creates retroactive admissibility for breath test results from offenses occurring between December 30, 2012 and April 4, 2014, if simulator solutions used to calibrate breathalyzers had vapor concentrations within 5% of 0.10%, 0.08%, or 0.04%
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Explicitly overturns Missouri court rulings in Stiers v. Dir. of Revenue (Mo. Jan. 12, 2016) and Stiers v. Dir. of Revenue (Mo. App. E.D. Jan. 27, 2015) that had excluded certain breath test evidence
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Includes an emergency clause declaring the act takes effect immediately upon passage to protect public safety from intoxication-related offenses
Legislative Description
Modifies admissibility of chemical test results in intoxication related proceedings
Last Action
Voted Do Pass (H)
4/20/2016