00 CS FOR HOUSE BILL NO. 22(JUD)                                                                                           
01 "An Act relating to civil liability for illegal sale or barter of an alcoholic                                          
02 beverage or a controlled substance; and providing for an effective date."                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.21.020 is amended by adding new subsections to read:                                             
05  (b)  Notwithstanding (a) of this section, a person who sells or barters an                                            
06 alcoholic beverage to another person in violation of AS 04.11.010 is strictly liable                                    
07 (1) to the recipient or another person for civil damages if, while under the influence                                  
08 of the alcoholic beverage, the person receiving the alcoholic beverage engages in                                       
09 conduct that results in civil damages and the recipient's being under the influence of                                  
10 the alcoholic beverage substantially contributes to the civil damages; and (2) for the                                  
11 cost to the state or a political subdivision of the state to criminally prosecute a person                              
12 who receives an alcoholic beverage from a person who violates AS 04.11.010 if the                                       
13 prosecution results from the violation of AS 04.11.010 described in this subsection.                                    
14 In this subsection, "civil damages" includes damages for personal injury, death, or                                     
01 injury to property of a person, including the state or a political subdivision of the state.                            
02  (c)  In an action under (b) of this section, it is not a defense that the person                                      
03 receiving the alcoholic beverage voluntarily consumed the alcoholic beverage or that                                    
04 the person receiving the alcoholic beverage was voluntarily under the influence of the                                  
05 alcoholic beverage.                                                                                                     
06    * Sec. 2.  AS 09.65 is amended by adding a new section to read:                                                      
07  Sec. 09.65.205.  Civil liability for controlled substances offense.  (a)  A                                           
08 person who sells or barters a controlled substance in violation of AS 11.71 is strictly                                 
09 liable                                                                                                                  
10   (1)  to the recipient or another person for civil damages if, while under                                            
11 the influence of the controlled substance, the person receiving the controlled substance                                
12 engages in conduct that results in civil damages and the recipient's being under the                                    
13 influence of the controlled substance substantially contributes to the civil damages; and                               
14   (2)  for the cost to the state or political subdivision to criminally                                                
15 prosecute a person who receives a controlled substance from a person who violates                                       
16 AS 11.71 if the prosecution results from the violation of AS 11.71 described in this                                    
17 subsection.                                                                                                             
18  (b)  In an action under (a) of this section, it is not a defense that the person                                      
19 receiving the controlled substance voluntarily consumed the controlled substance or                                     
20 was voluntarily under the influence of the controlled substance.                                                        
21  (c)  In this section,                                                                                                 
22   (1)  "civil damages" includes damages for personal injury, death, or                                                 
23 injury to property of a person, including the state or a political subdivision of the state;                            
24   (2)  "controlled substance" has the meaning given in AS 11.71.900.                                                   
25    * Sec. 3.  This Act takes effect July 1, 1997.