Governor signs bills toughening drunken driving laws, others

By Marc Powers

Nevada Daily Mail

JEFFERSON CITY, Mo. -- Gov. Matt Blunt signed eight major crime bills on Tuesday, toughening Missouri's laws on drunken driving, alcohol consumption by minors and the operation of sexually oriented businesses.

Because some of the bills include conflicting provisions related to the same issues, particularly those involving alcohol-related offenses, Blunt said he will ask lawmakers to fix the problems in a special legislative session to be called in September.

Among the changes to the state's criminal code Blunt signed is a rewrite of the law barring sexual misconduct involving a child to replace a previous statute the Missouri Supreme Court declared unconstitutionally broad in April.

The revision is part of an omnibus crime bill sponsored by state Rep. Scott Lipke, R-Jackson. It clarifies that illegal conduct occurs when someone exposes oneself to a child in a manner he or she knows is likely to cause affront or alarm. In a 4-3 ruling, the court said the previous statute criminalized potentially innocent conduct.

"This adds language that the court seems to believe is acceptable," Blunt said.

Other provisions of the sweeping measure include making it a felony crime for a teacher to have sexual contact with a student on school property, criminalizing videotaping in movie theaters and tightening probation and parole rules. It also increases the amount of time police can hold misdemeanor suspects without charges from 20 hours to 24 hours, the same period already allowed for felony suspects.

A separate bill sponsored by House Speaker Rod Jetton, R-Marble Hill, increases the penalties for drunken drivers who kill multiple people or those who kill a single person while driving with a blood alcohol content of 0.18 -- more than double the limit for a DWI charge. The measure also enhances prison terms for repeat DWI offenders.

The same bill includes new restrictions on sexually oriented businesses, including barring nudity in strip clubs. Semi-nudity is allowed so long as the performer is at least 10-feet away from customers. Any physical contact with customers is prohibited. The measure also bars patrons under age 21 from entering adult businesses. Violations are misdemeanors punishable by up to one year in jail and a $1,000 fine.

The bill is aimed at curbing the operation of such establishments in Missouri.

"These are not the kinds of businesses we ought to encourage to locate in our state," Blunt said. "If they go elsewhere, then so much the better."

State Sen. Matt Bartle, who championed the restrictions, said the number of sexually oriented businesses has increased in Missouri because of lax state laws.

"We had allowed our law to fall behind the law of other states, and that has acted as a magnet for these businesses," said Bartle, R-Lee's Summit.

Because of how the limits on adult businesses were coupled with the drunken driving legislation, however, the bill could encounter constitutional problems should an owner of an affected business challenge it in court.

The Missouri Constitution limits bills to a single subject and precludes them from being amended as to change their original purpose. Jettons bill originally was titled an act ... relating to intoxication related offenses. When provisions on adult businesses were added in the Senate, the title was broadened to an act ... relating to crime.

While Lipke's bill also contains a similarly sweeping title, it likely wouldn't be subject to a legal challenge, as from the committee level through final passage, it always had been intended as a wide-ranging crime bill. Jettons bill, on the other hand, started with a narrow focus and was expanded late in the legislative process.

Bartle says he expects a lawsuit but is confident the law and the process by which it passed will pass constitutional muster.

Several of the bills crack down on underage drinking. Changes include allowing minors to be charged with illegal possession of alcoholic beverages even if they have already consumed the evidence. Illegal possession can also now result in a minor losing his or her driving privileges for 30 days. The measure also permits parents to be charged for knowingly allowing minors other than their own children to drink on their property.

Another bill makes it a crime for students to possess or distribute prescription drugs at school. The measure is sponsored by state Sen. Kevin Engler, R-Farmington, and state Rep. Steven Tilley, R-Perryville.

While schools have been able to take administrative action in such cases, the legal system was powerless to do anything unless the drug in question was a controlled substance.

"Schools could kick them out but they could not get them the help they need by getting them in the juvenile system," Engler said.