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