SCHWAB BILL CHANGES LAW ON TESTING OF ALCOHOL

JACKSON -- Legislation sponsored by Rep. David Schwab, R-Jackson, and approved by the latest session of the Missouri General Assembly will eliminate unnecessary testing by crime laboratories to determine whether unopened cans of beer are indeed beer.

"Under this bill beer in an unopened container is considered beer unless it can be proven otherwise," said Schwab.

Schwab introduced the bill at the urging of Robert Briner, director of the Southeast Missouri Regional Crime Laboratory in Cape Girardeau.

Schwab said Briner told him that in making cases for possession or sale of intoxicating liquors by minors the crime lab was required to open every can confiscated to verify whether it was beer, even when the can was not opened and clearly labeled as beer.

Rather than putting the burden of proof on prosecutors to prove unopened cans are beer, the legislation shifts the burden to the person charged to prove unopened cans are not beer.

Cans that are confiscated and open will continue to be tested.

Schwab said Briner told him that having to test all the cans was not necessary and took lab technicians away from other responsibilities they could be performing.

Schwab originally offered the legislation as House Bill 1572; however, he was successful passing the measure by adding it as an amendment to another measure that is now awaiting signature by Gov. Mel Carnahan.