CSHB 136(FIN): "An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); and providing for an effective date."
00CS FOR HOUSE BILL NO. 136(FIN) 01 "An Act relating to revocation of and limitations on a driver's license; to the 02 offenses of driving while intoxicated and refusal to submit to a breath test; 03 imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.15.165(d) is amended to read: 07 (d) The period of revocation of a driver's license, privilege to drive, privilege 08 to obtain a license, refusal to issue an original license, or disqualification shall be for 09 the appropriate minimum period for court revocations under AS 28.15.181(c) or court 10 disqualifications under AS 28.33.140. A department hearing officer may grant limited 11 license privileges in accordance with the standards set out in AS 28.15.201 to a person 12 whose driver's license or nonresident privilege to drive was revoked under this section. 13 The department may terminate a revocation imposed under this section and issue 14 a driver's license to the person, if the license, privilege to drive, or privilege to
01 obtain a license was revoked for an offense described in AS 28.15.181(a)(5) or (8) 02 and the person meets the conditions set out for termination of a revocation by the 03 court under AS 28.15.181(g). 04 * Sec. 2. AS 28.15.181(c) is amended to read: 05 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 06 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 07 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 08 obtain a license. The revocation may be concurrent with or consecutive to an 09 administrative revocation under AS 28.15.165. The court may not, except as provided 10 in AS 28.15.201, grant limited license privileges during the minimum period of 11 revocation. The minimum periods of revocation are: 12 (1) not less than [AT LEAST] 90 days if the person has not been 13 previously convicted; 14 (2) not less than [AT LEAST] one year if the person has been 15 previously convicted once; 16 (3) not less than 3 [AT LEAST FIVE] years if the person has been 17 previously convicted twice; 18 (4) not less than 5 [AT LEAST 10] years if the person has been 19 previously convicted more than twice. 20 * Sec. 3. AS 28.15.181 is amended by adding a new subsection to read: 21 (g) The court may terminate a revocation for an offense described in 22 AS 28.15.181(a)(5) or (8) if 23 (1) the person's license, privilege to drive, or privilege to obtain a 24 license has been revoked for the minimum periods set out in AS 28.15.181(c); and 25 (2) the person complies with the provisions of AS 28.15.211(d) and (e). 26 * Sec. 4. AS 28.15.201 is repealed and reenacted to read: 27 Sec. 28.15.201. LIMITATION OF DRIVER'S LICENSE. (a) A court of 28 competent jurisdiction revoking a person's driver's license, privilege to drive, or 29 privilege to obtain a license under AS 28.15.181(b) may, for good cause, impose 30 limitations upon the driver's license of a person that will enable the person to earn a 31 livelihood without excessive risk or danger to the public. A limitation may not be
01 placed upon a driver's license until after a review has been made of the person's 02 driving record and other relevant information, and a limitation may not be imposed 03 when a statute specifically prohibits the limitation of a license for a violation of its 04 provisions. 05 (b) A court imposing a limitation under (a) of this section shall 06 (1) require certification of employment; 07 (2) require proof of enrollment in and compliance with or completion 08 of an alcoholism treatment program when appropriate; 09 (3) require the surrender of the driver's license; and 10 (4) issue to the licensee a certificate valid for the duration of the 11 limitation. 12 (c) After the termination of a limitation as shown on the certificate issued 13 under (b) of this section, the license of a person on whom a limitation was imposed 14 is revoked until the person receives a new license meeting the requirements set out in 15 AS 28.15.211. 16 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 17 a license under AS 28.15.181(c), or the department when revoking a driver's license, 18 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 19 limited license privileges for the final 60 days during which the license is revoked if 20 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 21 for a violation of AS 28.15.181(a)(8); 22 (2) the person has not been previously convicted; in this paragraph, 23 "previously convicted" has the meaning given in AS 28.35.030 and also includes 24 convictions based on laws presuming that the person was under the influence of 25 intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the 26 person's blood; 27 (3) the court or the department determines that the person's ability to 28 earn a livelihood would be severely impaired without a limited license; 29 (4) the court or the department determines that a limitation under (a) 30 of this section can be placed on the license that will enable the person to earn a 31 livelihood without excessive danger to the public; and
01 (5) the court or the department determines that the person is enrolled 02 in and is in compliance with, or has successfully completed, an alcoholism education 03 and rehabilitation treatment program. 04 * Sec. 5. AS 28.15.211(d) is amended to read: 05 (d) At the end of a period of revocation or limitation following a revocation, 06 a person whose driver's license has been revoked may apply to the department for the 07 issuance of a new license, but shall submit to reexamination, [AND] pay all required 08 fees including a reinstatement fee of $100, and if the license was revoked under 09 AS 28.15.181(a)(5) or (8), submit proof of 10 (1) enrollment in and compliance with or completion of an 11 alcoholism education and rehabilitation treatment program if the person was 12 sentenced under AS 28.15.181(c)(1); or 13 (2) completion of and payment for an alcoholism education and 14 rehabilitation treatment program if the person was convicted under 15 AS 28.15.181(c)(2) - (4). 16 * Sec. 6. AS 28.15.271(b) is amended to read: 17 (b) In addition to the fees under (a) of this section, 18 (1) a person who renews a driver's license by mail shall pay [BE 19 CHARGED] a fee of $1; and 20 (2) a person who applies for a limited driver's license under 21 AS 28.15.201 shall pay a fee of $100. 22 * Sec. 7. AS 28.15.291(b) is amended to read: 23 (b) Upon conviction under (a) of this section, the court 24 (1) shall impose a minimum sentence of imprisonment 25 (A) if the person has not been previously convicted, of not less 26 than 10 days with 10 days suspended, including a mandatory condition of 27 probation that the defendant complete not less than 80 hours of community 28 work service; 29 (B) if the person has been previously convicted, of not less than 30 10 days; 31 (C) if the person's driver's license, privilege to drive, or
01 privilege to obtain a license was revoked under circumstances described in 02 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 03 license issued under AS 28.15.201(d) following that revocation, of not less than 04 20 days with 10 days suspended, and a fine of not less than $500, including a 05 mandatory condition of probation that the defendant complete not less than 80 06 hours of community work service; 07 (D) if the person's driver's license, privilege to drive, or 08 privilege to obtain a license was revoked under circumstances described in 09 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 10 limited license issued under AS 28.15.201(d) following that revocation, of not 11 less than 30 days and a fine of not less than $1,000; 12 (2) may impose additional conditions of probation; 13 (3) may not 14 (A) suspend execution of sentence or grant probation except on 15 condition that the person serve a minimum term of imprisonment and perform 16 required community work service as provided in (1) of this subsection; 17 (B) suspend imposition of sentence; and 18 (4) shall revoke the person's license, privilege to drive, or privilege to 19 obtain a license, and the person may not be issued a new license or a limited license 20 nor may the privilege to drive or obtain a license be restored for an additional period 21 of not less than 90 days after the date that the person would have been entitled to 22 restoration of driving privileges. 23 * Sec. 8. AS 28.35.030 is amended by adding new subsections to read: 24 (l) Imprisonment required under (b)(1)(A) or (B) of this section shall be served 25 at a community residential center or, if a community residential center is not available, 26 at another appropriate place determined by the commissioner of corrections. The cost 27 of imprisonment resulting from the sentence imposed under (b)(1) of this section shall 28 be paid to the state by the person being sentenced provided, however, that the cost of 29 imprisonment required to be paid under this subsection may not exceed $1,000. Upon 30 the person's conviction, the court shall include the costs of imprisonment as a part of 31 the judgment of conviction. Except for reimbursement from a permanent fund
01 dividend as provided in this subsection, payment of the cost of imprisonment is not 02 required if the court determines the person is indigent. For costs of imprisonment that 03 are not paid by the person as required by this subsection, the state shall seek 04 reimbursement from the person's permanent fund dividend as provided under 05 AS 43.23.065. While at the community residential center or other appropriate place, 06 a person sentenced under (b)(1)(A) of this section shall perform at least 24 hours of 07 community service work and a person sentenced under (b)(1)(B) of this section shall 08 perform at least 160 hours of community service work, as required by the director of 09 the community residential center or other appropriate place. In this subsection, 10 "appropriate place" means a facility with 24-hour on-site staff supervision that is 11 specifically adapted to provide a residence, and includes a correctional center, 12 residential treatment facility, hospital, halfway house, group home, work farm, work 13 camp, or other place that provides varying levels of restriction. 14 (m) The commissioner of corrections shall determine and prescribe by 15 regulation a uniform average cost of imprisonment for the purpose of determining the 16 cost of imprisonment required to be paid under (l) of this section by a convicted 17 person. 18 * Sec. 9. AS 28.35.032(o) is amended to read: 19 (o) In this section, 20 (1) "cost of imprisonment" means the cost of imprisonment as 21 determined under AS 28.35.030(m); 22 (2) "previously convicted" has the meaning given in AS 28.35.030. 23 * Sec. 10. AS 28.35.032 is amended by adding a new subsection to read: 24 (p) Imprisonment required under (g)(1)(A) or (B) of this section shall be 25 served at a community residential center, or if a community residential center is not 26 available, at another appropriate place determined by the commissioner of corrections. 27 The cost of imprisonment resulting from the sentence imposed under (g)(1) of this 28 section shall be paid to the state by the person being sentenced provided, however, that 29 the cost of imprisonment required to be paid under this subsection may not exceed 30 $1,000. Upon the person's conviction, the court shall include the costs of 31 imprisonment as a part of the judgment of conviction. Except for reimbursement from
01 a permanent fund dividend as provided in this subsection, payment of the cost of 02 imprisonment is not required if the court determines the person is indigent. For costs 03 of imprisonment that are not paid by the person as required by this subsection, the 04 state shall seek reimbursement from the person's permanent fund dividend as provided 05 under AS 43.23.065. While at the community residential center or other appropriate 06 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24 07 hours of community service work and a person sentenced under (g)(1)(B) of this 08 section shall perform at least 160 hours of community service work, as required by the 09 director of the community residential center or other appropriate place. In this 10 subsection, "appropriate place" means a facility with 24-hour on-site staff supervision 11 that is specifically adapted to provide a residence, and includes a correctional center, 12 residential treatment facility, hospital, halfway house, group home, work farm, work 13 camp, or other place that provides varying levels of restriction. 14 * Sec. 11. AS 28.35.030(l), as enacted in sec. 8 of this Act, and AS 28.35.032(p), as 15 enacted in sec. 10 of this Act, have the effect of amending Alaska Rule of Criminal Procedure 16 32(b) by requiring the court to enter the costs of imprisonment as a part of the judgment of 17 certain convictions. 18 * Sec. 12. APPLICABILITY. (a) This Act applies to offenses that are committed after 19 the effective date of this Act. 20 (b) Statutes amended or added by this Act that refer to previous convictions apply 21 according to the terms of those statutes whether the previous convictions occurred before, on, 22 or after the effective date of this Act. 23 * Sec. 13. This Act takes effect July 1, 1993.