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MO HB2627

Bill

Status

Introduced

2/25/2016

Primary Sponsor

Dean Plocher

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • 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

  • 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)

  • 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%

  • 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

  • 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

Committee Referrals

Select Committee on Judiciary3/17/2016
Civil and Criminal Proceedings3/3/2016

Full Bill Text

No bill text available