SB 133: "An Act relating to the revocation of a person's driver's license, privilege to drive, or privilege to obtain a license; and providing for an effective date."
00SENATE BILL NO. 133 01 "An Act relating to the revocation of a person's driver's license, privilege to 02 drive, or privilege to obtain a license; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55 is amended by adding a new section to read: 05 Sec. 12.55.139. REVOCATION OF DRIVER'S LICENSE FOR DRUG 06 OFFENSE. In addition to other penalties provided by law, a court convicting a person 07 of an offense under AS 11.71 shall revoke the person's driver's license, privilege to 08 drive, or privilege to obtain a license for six months. 09 * Sec. 2. AS 28.15 is amended by adding a new section to read: 10 Sec. 28.15.162. ADMINISTRATIVE REVOCATION FOR A CONTROLLED 11 SUBSTANCE CONVICTION. (a) Upon receipt of a certified judgment showing that 12 a person has been convicted of an offense under 21 U.S.C. 801 - 21 U.S.C. 958 or a 13 similar offense in another jurisdiction, the department shall revoke a person's driver's 14 license, privilege to drive, or privilege to obtain a license for six months from the date
01 of conviction. 02 (b) If a person is not old enough to apply for a driver's license or permit at 03 the time of an administrative revocation under (a) of this section, the period of 04 revocation begins on the date that the person is eligible to apply for a driver's license 05 or permit. 06 (c) In this section, "convicted" includes an adjudication under juvenile 07 proceedings. 08 * Sec. 3. AS 28.15.181(c) is amended to read: 09 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 10 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 11 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 12 obtain a license. The revocation may be concurrent with or consecutive to an 13 administrative revocation under AS 28.15.165. The court may not, except as provided 14 in AS 28.15.201, grant limited license privileges during the minimum period of 15 revocation. The minimum periods of revocation are: 16 (1) at least 90 days if the person has not been previously convicted 17 except as provided in (g) of this section; 18 (2) at least one year if the person has been previously convicted once; 19 (3) at least five years if the person has been previously convicted twice; 20 (4) at least 10 years if the person has been previously convicted more 21 than twice. 22 * Sec. 4. AS 28.15.181 is amended by adding a new subsection to read: 23 (g) A court shall revoke a person's driver's license, privilege to drive, or 24 privilege to obtain a license for not less than six months upon a first conviction for an 25 offense described in (a)(5) of this section if the person was under the influence of a 26 substance that is a controlled substance under AS 11.71. 27 * Sec. 5. AS 28.15.185(a) is amended to read: 28 (a) A person who is at least 13 years of age but not older than 17 years of age 29 who is adjudicated by a juvenile court of misconduct involving a controlled substance 30 under AS 11.71 or possession or consumption of alcohol under AS 04.16.050 is subject 31 to revocation of the person's driver's license, privilege to drive, or privilege to
01 obtain a license under (b) of this section. 02 * Sec. 6. AS 28.15.185(b) is amended to read: 03 (b) The court shall impose the revocation for an offense described in (a) of this 04 section as follows: 05 (1) for a first alcohol-related conviction or adjudication, the revocation 06 may be for a period not to exceed 90 days; 07 (2) for a second or subsequent alcohol-related conviction or 08 adjudication, the revocation may be for a period not to exceed one year; 09 (3) for a conviction or adjudication involving a controlled 10 substance, the revocation shall be for a period of not less than six months and not 11 to exceed one year. 12 * Sec. 7. AS 28.15.185(c) is amended to read: 13 (c) Upon conviction or adjudication of an offense listed in (a) of this section, 14 the court may, upon petition of the person, review the revocation and may restore the 15 driver's license or privilege, except that a court may not restore the driver's license 16 or privilege until 17 (1) at least one-half of the period of revocation imposed under this 18 section has expired; and 19 (2) the person has taken and successfully completed a state approved 20 program of drug rehabilitation if convicted of misconduct involving a controlled 21 substance [UNDER AS 11.71], or alcohol rehabilitation if convicted of possession or 22 consumption of alcohol under AS 04.16.050; this paragraph does not apply to a person 23 who resides in an area that does not offer a state approved drug or alcohol 24 rehabilitation program or a person that the court determines does not need alcohol or 25 drug rehabilitation. 26 * Sec. 8. AS 28.15.185 is amended by adding a new subsection to read: 27 (e) If a person whose privilege to drive or privilege to obtain a driver's license 28 is revoked under this section is not old enough to apply for a license or permit at the 29 time of the court's order of revocation, the period of revocation does not commence 30 until the person is eligible to apply for a driver's license or permit. 31 * Sec. 9. This Act takes effect April 1, 1993.