For purposes of this Section, the last
owner of record of a vehicle, vessel, or trailer found abandoned and
not shown to be transferred pursuant to Sections 301.196 and 301.197,
RSMo., shall be deemed prima facie evidence of ownership of such vehicle,
vessel, or trailer at the time it was abandoned and the person who
abandoned the vehicle, vessel, or trailer or caused or procured its
abandonment. The registered owner of the abandoned vehicle, vessel,
or trailer shall not be subject to the penalties provided by this
Section if the vehicle, vessel, or trailer was in the care, custody,
or control of another person at the time of the violation. In such
instance, the owner shall submit such evidence in an affidavit permitted
by the court setting forth the name, address, and other pertinent
information of the person who leased, rented, or otherwise had care,
custody, or control of the vehicle, vessel, or trailer at the time
of the alleged violation. The affidavit submitted pursuant to this
Subsection shall be admissible in a court proceeding adjudicating
the alleged violation and shall raise a rebuttable presumption that
the person identified in the affidavit was in actual control of the
vehicle, vessel, or trailer. In such case, the court has the authority
to terminate the prosecution of the summons issued to the owner and
issue a summons to the person identified in the affidavit as the operator.
If the vehicle, vessel, or trailer is alleged to have been stolen,
the owner of the vehicle, vessel, or trailer shall submit proof that
a police report was filed in a timely manner indicating that the vehicle
or vessel was stolen at the time of the alleged violation.