HB 21: "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; and providing for an effective date."
00HOUSE BILL NO. 21 01 "An Act relating to revocation of a driver's license for illegal possession or use 02 of a controlled substance or illegal possession or consumption of alcohol by a 03 person at least 13 but not yet 21 years of age; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.15.183(a) is amended to read: 07 (a) If a peace officer has probable cause and based on personal observation 08 that a person who is at least 14 years of age but not yet 21 years of age has possessed 09 or used a controlled substance in violation of AS 11.71 or in violation of a municipal 10 ordinance with substantially similar elements, or possessed or consumed alcohol in 11 violation of AS 04.16.050 or in violation of a municipal ordinance with 12 substantially similar elements and the peace officer has cited the person or arrested 13 the person for a violation of AS 11.71, [OR] AS 04.16.050, or the municipal 14 ordinance, the peace officer shall read a notice and deliver a copy to the person. The
01 notice must advise that 02 (1) the department intends to revoke the person's driver's license or 03 permit, privilege to drive, or privilege to obtain a license or permit; 04 (2) the person has the right to administrative review of the revocation; 05 (3) if the person has a driver's license or permit, the notice itself is a 06 temporary driver's license or permit that expires seven days after it is delivered to the 07 person; 08 (4) revocation of the person's driver's license or permit, privilege to 09 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 10 of the notice to the person unless the person, within seven days, requests an 11 administrative review. 12 * Sec. 2. AS 28.15.183(c) is amended to read: 13 (c) Unless the person has requested an administrative review, the department 14 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 15 obtain a license or permit, effective seven days after delivery to the person of the 16 notice required under (a) of this section, upon receipt of a sworn report of a peace 17 officer 18 (1) that the officer had probable cause and based on personal 19 observations that the person is at least 14 years of age but not yet 21 years of age and 20 has possessed or used a controlled substance in violation of AS 11.71 or in violation 21 of a municipal ordinance with substantially similar elements, or possessed or 22 consumed alcohol in violation of AS 04.16.050 or in violation of a municipal 23 ordinance with substantially similar elements; 24 (2) that the peace officer has cited the person or arrested the person for 25 a violation of AS 11.71, [OR] AS 04.16.050, or a municipal ordinance with 26 substantially similar elements; 27 (3) that notice under (a) of this section was provided to the person; and 28 (4) describing the circumstances surrounding the violation of the 29 controlled substances provisions of AS 11.71, [OR] the alcoholic beverages provisions 30 of AS 04.16.050, or the municipal ordinance. 31 * Sec. 3. AS 28.15.183(g) is amended to read:
01 (g) Except as provided under (h) of this section, the department may not issue 02 a new license or reissue a license to a person whose driver's license, permit, or 03 privilege to drive has been revoked under this section unless the person is enrolled in 04 and is in compliance with, or has successfully completed 05 (1) an alcoholism education and rehabilitation treatment program, if the 06 revocation resulted from possession or consumption of alcohol in violation of 07 AS 04.16.050 or a municipal ordinance with substantially similar elements; or 08 (2) a drug rehabilitation treatment program, if the revocation resulted 09 from possession or use of a controlled substance in violation of AS 11.71 or a 10 municipal ordinance with substantially similar elements. 11 * Sec. 4. AS 28.15.184(g) is amended to read: 12 (g) The hearing for review of a revocation by the department under 13 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 14 of age but not yet 21 years of age and whether the person possessed or used a 15 controlled substance in violation of AS 11.71 or in violation of a municipal 16 ordinance with substantially similar elements, or possessed or consumed alcohol in 17 violation of AS 04.16.050 or in violation of a municipal ordinance with 18 substantially similar elements. 19 * Sec. 5. AS 28.15.185(a) is amended to read: 20 (a) A person who is at least 13 years of age but not older than 17 years of age 21 who is adjudicated by a juvenile court of (1) misconduct involving a controlled 22 substance under AS 11.71 or under a municipal ordinance with substantially 23 similar elements, or (2) possession or consumption of alcohol under AS 04.16.050 or 24 under a municipal ordinance with substantially similar elements is subject to 25 revocation of the person's driver's license under (b) of this section. 26 * Sec. 6. AS 28.15.185(c) is amended to read: 27 (c) Upon conviction or adjudication of an offense listed in (a) of this section, 28 the court may, upon petition of the person, review the revocation and may restore the 29 driver's license, except a court may not restore the driver's license until 30 (1) at least one-half of the period of revocation imposed under this 31 section has expired; and
01 (2) the person has taken and successfully completed a state approved 02 program of drug rehabilitation if convicted of misconduct involving a controlled 03 substance under AS 11.71 or under a municipal ordinance with substantially 04 similar elements, or alcohol rehabilitation if convicted of possession or consumption 05 of alcohol under AS 04.16.050 or under a municipal ordinance with substantially 06 similar elements; this paragraph does not apply to a person who resides in an area that 07 does not offer a state approved drug or alcohol rehabilitation program or a person that 08 the court determines does not need alcohol or drug rehabilitation. 09 * Sec. 7. APPLICABILITY. This Act applies to violations of AS 04.16.050, AS 11.71, 10 or a municipal ordinance with substantially similar elements that occur on or after the effective 11 date of this Act. 12 * Sec. 8. This Act takes effect July 1, 1995.