CSHB 136(HES): "An Act relating to limited driver's licenses and to the offenses of driving while intoxicated and refusal to submit to a breath test; and providing for an effective date."
00CS FOR HOUSE BILL NO. 136(HES) 01 "An Act relating to limited driver's licenses and to the offenses of driving while 02 intoxicated and refusal to submit to a breath test; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.15.181(c) is amended to read: 06 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 07 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 08 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 09 obtain a license. The revocation may be concurrent with or consecutive to an 10 administrative revocation under AS 28.15.165. The court may not, except as provided 11 in AS 28.15.201, grant limited license privileges during the minimum period of 12 revocation. The minimum periods of revocation are: 13 (1) not less than [AT LEAST] 90 days if the person has not been 14 previously convicted;
01 (2) not less than [AT LEAST] one year if the person has been 02 previously convicted once; 03 (3) not less than 3 [AT LEAST FIVE] years if the person has been 04 previously convicted twice; 05 (4) not less than 5 [AT LEAST 10] years if the person has been 06 previously convicted more than twice. 07 * Sec. 2. AS 28.15.201 is repealed and reenacted to read: 08 Sec. 28.15.201. LIMITATION OF DRIVER'S LICENSE. (a) A court of 09 competent jurisdiction revoking a person's driver's license, privilege to drive, or 10 privilege to obtain a license under AS 28.15.181(b) or the department under 11 AS 28.15.165 may, for good cause, impose limitations upon the driver's license of a 12 person that will enable the person to earn a livelihood without excessive risk or danger 13 to the public. A limitation may not be placed upon a driver's license until after a 14 review has been made of the person's driving record and other relevant information, 15 and a limitation may not be imposed when a statute specifically prohibits the limitation 16 of a license for a violation of its provisions. 17 (b) A court or the department imposing a limitation under (a) of this section 18 shall 19 (1) require certification of employment; 20 (2) require proof of enrollment in and compliance with or completion 21 of an alcoholism treatment program when appropriate; 22 (3) require the surrender of the driver's license; and 23 (4) issue to the licensee a certificate, or the department may issue a 24 restricted driver's license, valid for the duration of the limitation. 25 (c) After the termination of a limitation as shown on the certificate or driver's 26 license issued under (b) of this section, the license of a person on whom a limitation 27 was imposed is revoked until the person receives a new license meeting the 28 requirements set out in AS 28.15.211. 29 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 30 a license under AS 28.15.181(c), or the department when revoking a driver's license, 31 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant
01 limited license privileges for the final 60 days during which the license is revoked if 02 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 03 for a violation of AS 28.15.181(a)(8); 04 (2) the person has not been previously convicted of an offense; 05 (3) the court or the department determines that the person's ability to 06 earn a livelihood would be severely impaired; 07 (4) the court or the department determines that a limitation under (a) 08 of this section can be placed on the license that will enable the person to earn a 09 livelihood without excessive danger to the public; and 10 (5) the court or the department determines that the person is enrolled 11 in and is in compliance with, or has successfully completed, an alcoholism education 12 and rehabilitation treatment program. 13 (e) The department may terminate a revocation and issue a driver's license to 14 a person whose license, privilege to drive, or privilege to obtain a license was revoked 15 for an offense described in AS 28.15.181(a)(5) or (8) if the offense occurred before 16 July 1, 1993, and if 17 (1) the person's license, privilege to drive, or privilege to obtain a 18 license has been revoked for the minimum periods set out in AS 28.15.181(c); and 19 (2) the person complies with the provisions of AS 28.15.211(d) and (e). 20 * Sec. 3. AS 28.15.211(d) is amended to read: 21 (d) At the end of a period of revocation or limitation following a revocation, 22 a person whose driver's license has been revoked may apply to the department for the 23 issuance of a new license, but shall submit to reexamination, [AND] pay all required 24 fees including a reinstatement fee of $100, and if the license was revoked under 25 AS 28.15.181(a)(5) or (8), submit proof of 26 (1) enrollment in and compliance with an alcoholism education and 27 treatment program if the person was sentenced under AS 28.15.181(c)(1); or 28 (2) completion of an alcoholism education and rehabilitation 29 program if the person was convicted under AS 28.15.181(c)(2) - (4). 30 * Sec. 4. AS 28.15.211(e) is amended to read: 31 (e) At the end of a period of limitation, suspension, or revocation under this
01 chapter, the department may not issue a driver's license or a duplicate driver's license 02 to the licensee until the licensee has complied with AS 28.20 relating to proof of 03 financial responsibility and if the license was revoked under AS 28.15.181(a)(5) or 04 (8) has submitted proof of 05 (1) enrollment in and compliance with an alcoholism education and 06 treatment program if the person was sentenced under AS 28.15.181(c)(1); or 07 (2) completion of an alcoholism education and rehabilitation 08 program if the person was convicted under AS 28.15.181(c)(2) - (4). 09 * Sec. 5. AS 28.35.030(b) is amended to read: 10 (b) Driving while intoxicated is a class A misdemeanor. Upon conviction 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $250 if the person has not been previously convicted; imprisonment 14 required under this subparagraph shall be served at a community 15 residential center or, if a community residential center is not available, at 16 another appropriate facility determined by the commissioner of corrections 17 and the cost of the imprisonment shall be paid by the person sentenced 18 under this subparagraph; payment of the cost of imprisonment is not 19 required if the court determines the person is indigent; for costs of 20 imprisonment that are not paid by the person sentenced under this 21 subparagraph, including costs not paid due to indigency, the state shall 22 seek reimbursement from the person's permanent fund dividend as 23 provided under AS 43.23.065; while at the community residential center 24 or other appropriate facility, the person shall perform at least 24 hours of 25 community service work as directed by the director of the community 26 residential center or other appropriate facility; 27 (B) not less than 20 days and a fine of not less than $500 if the 28 person has been previously convicted once; imprisonment required under 29 this subparagraph shall be served at a community residential center or, if 30 a community residential center is not available, at another appropriate 31 facility determined by the commissioner of corrections and the cost of the
01 imprisonment shall be paid by the person sentenced under this 02 subparagraph; payment of the cost of imprisonment is not required if the 03 court determines the person is indigent; for costs of imprisonment that are 04 not paid by the person sentenced under this subparagraph, including costs 05 not paid due to indigency, the state shall seek reimbursement from the 06 person's permanent fund dividend as provided under AS 43.23.065; while 07 at the community residential center or other appropriate facility, the 08 person shall perform at least 160 hours of community service work as 09 directed by the director of the community residential center or other 10 appropriate facility; 11 (C) not less than 60 days and a fine of not less than $1,000 if 12 the person has been previously convicted twice; 13 (D) not less than 120 days and a fine of not less than $2,000 14 if the person has been previously convicted three times; 15 (E) not less than 240 days and a fine of not less than $3,000 if 16 the person has been previously convicted four times; 17 (F) not less than 360 days and a fine of not less than $4,000 if 18 the person has been previously convicted more than four times; 19 (2) the court may not 20 (A) suspend execution of sentence or grant probation except on 21 condition that the person serve the minimum imprisonment under (1) of this 22 subsection; 23 (B) suspend imposition of sentence; 24 (3) the court shall revoke the person's driver's license, privilege to 25 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 26 vehicle or aircraft that was used in commission of the offense to be forfeited under 27 AS 28.35.036. 28 * Sec. 6. AS 28.35.030 is amended by adding a new subsection to read: 29 (l) The commissioner of corrections shall determine and prescribe by 30 regulation the cost of imprisonment at a community residential center for the purpose 31 of determining the cost of imprisonment required to be paid under (b)(1) of this section
01 by a convicted person. The cost of imprisonment required to be paid under (b)(1) of 02 this section may not be higher than the cost of imprisonment at a community 03 residential center, no matter where the person is imprisoned. 04 * Sec. 7. AS 28.35.032(g) is amended to read: 05 (g) Upon conviction under this section 06 (1) the court shall impose a minimum sentence of imprisonment of 07 (A) not less than 72 consecutive hours and a fine of not less 08 than $250 if the person has not been previously convicted; imprisonment 09 required under this subparagraph shall be served at a community 10 residential center or, if a community residential center is not available, at 11 another appropriate facility determined by the commissioner of corrections 12 and the cost of the imprisonment shall be paid by the person sentenced 13 under this subparagraph; payment of the cost of imprisonment is not 14 required if the court determines the person is indigent; for costs of 15 imprisonment that are not paid by the person sentenced under this 16 subparagraph, including costs not paid due to indigency, the state shall 17 seek reimbursement from the person's permanent fund dividend as 18 provided under AS 43.23.065; while at the community residential center 19 or other appropriate facility, the person shall perform at least 24 hours of 20 community service work as directed by the director of the community 21 residential center or other appropriate facility; 22 (B) not less than 20 days and a fine of not less than $500 if the 23 person has been previously convicted once; imprisonment required under 24 this subparagraph shall be served at a community residential center or, if 25 a community residential center is not available, at another appropriate 26 facility determined by the commissioner of corrections and the cost of the 27 imprisonment shall be paid by the person sentenced under this 28 subparagraph; payment of the cost of imprisonment is not required if the 29 court determines the person is indigent; for costs of imprisonment that are 30 not paid by the person sentenced under this subparagraph, including costs 31 not paid due to indigency, the state shall seek reimbursement from the
01 person's permanent fund dividend as provided under AS 43.23.065; while 02 at the community residential center or other appropriate facility, the 03 person shall perform at least 160 hours of community service work as 04 directed by the director of the community residential center or other 05 appropriate facility; 06 (C) not less than 60 days and a fine of not less than $1,000 if 07 the person has been previously convicted twice; 08 (D) not less than 120 days and a fine of not less than $2,000 09 if the person has been previously convicted three times; 10 (E) not less than 240 days and a fine of not less than $3,000 if 11 the person has been previously convicted four times; 12 (F) not less than 360 days and a fine of not less than $4,000 if 13 the person has been previously convicted more than four times; 14 (2) the court may not 15 (A) suspend execution of the sentence required by (1) of this 16 subsection or grant probation, except on condition that the person serve the 17 minimum imprisonment under (1) of this subsection; or 18 (B) suspend imposition of sentence; 19 (3) the court shall revoke the person's driver's license, privilege to 20 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 21 vehicle or aircraft that was used in commission of the offense be forfeited under 22 AS 28.35.036; and 23 (4) the sentence imposed by the court under this subsection shall run 24 consecutively with any other sentence of imprisonment imposed on the person. 25 * Sec. 8. AS 28.35.032(o) is amended to read: 26 (o) In this section, 27 (1) "cost of imprisonment" means the cost of imprisonment as 28 determined under AS 28.35.030(l); 29 (2) "previously convicted" has the meaning given in AS 28.35.030. 30 * Sec. 9. APPLICABILITY. (a) This Act applies to offenses that are committed after 31 June 30, 1993.
01 (b) AS 28.15.181(c), as amended by sec. 1 of this Act, AS 28.15.201(d), as amended 02 by sec. 2 of this Act, AS 28.35.030(b), as amended by sec. 5 of this Act, and 03 AS 28.35.032(g), as amended by sec. 7 of this Act, apply according to their terms whether the 04 previous convictions occurred before, on, or after the effective date of this Act. 05 * Sec. 10. This Act takes effect July 1, 1993.