HB 2742 — Relating to the careless operation of a motor vehicle

No violation of subsection 1 of section 304.050 shall be disposed of through the state fine collection center or by payment of a fine without an appearance in open court.

The defendant shall appear in person or by attorney for disposition.

4.

The driver's license of any person found guilty of a first violation of subsection 1 of section 304.050 may be suspended by the director of revenue, with such suspension at the discretion of the court.

The director of revenue shall suspend the driver's license of any person found guilty of a violation of subsection 1 of section 304.050, as follows:

(1) For a second offense with a five-year period, ninety days;

and (2) For a third or subsequent offense within a five-year period, one-hundred- eighty days.

Such suspensions shall be mandatory and shall be in addition to any other driver's license suspension or revocation required or authorized under chapter 302.

5.

The fines and suspensions required under subsections 2 and 4 of this section shall apply to all violations of subsection 1 of section 304.050, including violations resulting in injury or death of a child, and shall be in addition to the penalties listed under subsection 1 of this section.

or global HCS HB 2742 3 positioning system receivers, security, navigation, communication, or remote diagnostics systems permanently affixed to the vehicle;

HCS HB 2742 7 (4) "Noncommercial motor vehicle", the same meaning as is ascribed to such term in section 302.700;

HCS HB 2742 4 4.

The operator of a school bus shall not use or operate an electronic communication device while the school bus is in motion unless the device is being used in a similar manner as a two-way radio to allow live communication between the operator and school officials or HCS HB 2742 8 public safety officials.

Penalties for violations of this section shall be as provided in this HCS HB 2742 5 subsection.

HCS HB 2742 9 (2) For a conviction under this section where there is no prior conviction under this section within the preceding twenty-four months, the court shall impose a fine of up to one hundred fifty dollars.

The provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted HCS HB 2742 6 by a county, municipality, or other political subdivision to regulate the use of electronic communication devices by the operator of a commercial or noncommercial motor vehicle] HCS HB 2742 10 The provisions of this section preempt any local law, ordinance, or regulation that conflicts with this section.

304.1020.

1.

As used in this section, "hospital zone" means any area upon or around any highway as defined in section 302.010 that is visibly marked by a sign erected by a county or municipality as an area where hospital-related activities are occurring.

The term "hospital" shall be as defined in section 190.100.

2.

Any county or municipality that elects to establish a hospital zone designation for streets surrounding a hospital may erect signs upon or around the hospital zone that are clearly visible from the highway and clearly identify the boundaries of the hospital zone.

Prior to establishing a hospital zone, the county or municipality shall be responsible for determining the boundaries of the zone and shall assume responsibility for all costs associated with establishing the hospital zone.

Notwithstanding any provision of law to the contrary, the maximum speed limit within any designated hospital zone shall be thirty miles per hour.

3.

Upon a conviction or a plea of guilty by any person for a moving violation as defined in section 302.010, or any offense listed in section 302.302, the court may double the amount of fine authorized to be imposed by law if the offense occurred within a hospital zone.

4.

Upon a conviction or a plea of guilty by any person for a speeding violation under section 304.009 or 304.010, the court may double the amount of fine authorized to be imposed by law if the offense occurred within a hospital zone.

However, no person assessed an additional fine under this subsection shall also be assessed an additional fine under subsection 3 of this section.

5.

The penalty authorized under subsections 3 and 4 of this section shall be assessed by the court only if the county or municipality has erected signs upon or around a hospital zone that are clearly visible from the highway and state substantially the following message:

"Hospital Zone – Fines Doubled".

6.

The provisions of this section shall not be construed to enhance the assessment of court costs or the assessment of points under section 302.302.

HCS HB 2742 11 304.1023.

1.

A person shall be deemed to commit the offense of endangerment of a pedestrian in a hospital zone upon conviction for any of the following when the offense occurs within a hospital zone, as defined in section 304.1020:

(1) Exceeding the posted speed limit by fifteen miles per hour or more;

or (2) Committing any of the following offenses for which points may be assessed under section 302.302:

(a) Leaving the scene of an accident in violation of section 577.060;

(b) Careless and imprudent driving in violation of subsection 4 of section 304.016;

(c) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020;

(d) Operating with a suspended or revoked license;

(e) Driving while in an intoxicated condition or under the influence of controlled substances or drugs or driving with an excessive blood alcohol content;

or (f)Any felony involving the use of a motor vehicle.

2.

Upon conviction or a plea of guilty for committing the offense of endangerment of a pedestrian in a hospital zone under subsection 1 of this section, if no injury or death to a pedestrian resulted from the offense, the person shall be subject to a fine of not more than five hundred dollars and shall have four points assessed to his or her driver's license under section 302.302 in addition to any other penalty authorized by law.

3.

A person shall be deemed to commit the offense of aggravated endangerment of a pedestrian in a hospital zone upon conviction or a plea of guilty for any offense under subsection 1 of this section when such offense occurs in a hospital zone as defined in section 304.1020 and results in the injury or death of a pedestrian.

Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a pedestrian in a hospital zone, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five thousand dollars if the offense resulted in an injury to a pedestrian and ten thousand dollars if the offense resulted in death of a pedestrian.

In addition, such person shall have twelve points assessed to their driver's license under section 302.302 and shall be subject to the provisions of section 302.304 regarding the revocation of the person's license and driving privileges.

4.

No person shall be cited or convicted for endangerment of a pedestrian in a hospital zone or aggravated endangerment of a pedestrian in a hospital zone for any act or omission otherwise constituting an offense under subsection 1 of this section if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of the pedestrian.

HCS HB 2742 12 5.

(1) Notwithstanding any provision of this section or any other law to the contrary, the director of the department of revenue or his or her agent shall order the revocation of a driver's license upon the director's determination that an individual holding such license was involved in a physical accident where his or her negligent acts or omissions contributed to his or her vehicle striking a pedestrian within a designated hospital zone where notice and signage were properly implemented.

The department shall make its determination of these facts on the basis of the report of a law enforcement officer investigating the incident and this determination shall be final unless a hearing is requested and held as provided under subdivision (2) of this subsection.

Upon its determination that the facts support a license revocation, the department shall issue a notice of revocation, which shall be mailed to the person at the last known address shown on the department's records.

The notice is deemed received three days after mailing unless returned by postal authorities.

The notice of revocation shall clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation, which shall be at least fifteen days from the date the department issued its order, the right of the person to request a hearing, and the date by which the request for a hearing must be made.

(2) An individual who received notice of revocation from the department under this section may seek reinstatement by either:

(a) Taking and passing the written and driving portions of the driver's license examination, in which case the individual's driver's license shall be immediately reinstated;

or (b) Petitioning for a hearing before a circuit division or associate division of the court in the county in which the hospital zone accident occurred.

The individual may request such court to issue an order staying the revocation until such time as the petition for review can be heard.

If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director.

Such order shall serve as proof of the privilege to operate a motor vehicle in this state, and the director shall maintain possession of the person's license to operate a motor vehicle until the termination of any suspension under this subsection.

The clerk of the court shall notify the prosecuting attorney of the county, and the prosecutor shall appear at the hearing on behalf of the director of revenue.

At the hearing, the court shall determine only:

a.

Whether the person was involved in a physical accident where his or her vehicle struck a pedestrian within a designated hospital zone;

b.

Whether guidelines involving notice and signage were properly implemented in such hospital zone;

and HCS HB 2742 13 c.

Whether the investigating officer had probable cause to believe the person's negligent acts or omissions contributed to his or her vehicle striking a pedestrian.

If the court determines subparagraph a., b., or c.

of this paragraph not to be in the affirmative, the court shall order the director to reinstate the license or permit to drive.

(3) The department of revenue administrative adjudication to reinstate a driver's license that was revoked under this subsection, and any evidence provided to the department related to such adjudication, shall not be produced by subpoena or any other means and made available as evidence in any other administrative action, civil case, or criminal prosecution.

The court's determinations issued under this section, and the evidence provided to the court relating to such determinations, shall not be produced by subpoena or any other means and made available in any other administrative action, civil case, or criminal prosecution.

Nothing in this subdivision shall be construed to prevent the department from providing information to the system authorized under 49 U.S.C.

Section 31309, or any successor federal law, pertaining to the licensure, identification, and disqualification of operators of commercial motor vehicles.