SSHB 69: "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; classifying certain offenses related to driving while intoxicated or failure to submit to a chemical test as felonies and relating to penalties for those offenses; and providing for an effective date."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 69 01 "An Act allowing a person under age 21 to be arrested by a peace officer 02 without a warrant for illegal possession, consumption, or control of alcohol; 03 classifying certain offenses related to driving while intoxicated or failure to submit 04 to a chemical test as felonies and relating to penalties for those offenses; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25.030(b) is amended to read: 08 (b) In addition to the authority granted under (a) of this section, a peace officer 09 without a warrant may arrest a person when the peace officer has reasonable cause for 10 believing that the person has committed a crime under, or violated conditions imposed 11 as a part of the person's release before trial on misdemeanor charges brought under, 12 (1) AS 04.16.050; 13 (2) AS 11.41.270 or AS 11.56.740; or 14 (3) [(2)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an
01 ordinance with elements substantially similar to the elements of a crime under AS 11.41, 02 AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former spouse of the 03 person who committed the crime; a parent, grandparent, child, or grandchild of the 04 person who committed the crime; a member of the social unit comprised of those living 05 together in the same dwelling as the person who committed the crime; or another person 06 who is not a spouse or former spouse of the person who committed the crime but who 07 previously lived in a spousal relationship with the person who committed the crime or 08 is in or has been in a dating, courtship, or engagement relationship with the person who 09 committed the crime. 10 * Sec. 2. AS 12.55.102(d) is amended to read: 11 (d) The court may include the cost of the ignition interlock device as a part of 12 the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 13 28.35.032(g) or (q). 14 * Sec. 3. AS 28.15.291(a) is amended to read: 15 (a) Except as provided under (d) of this section, a [A] person is guilty of a 16 class A misdemeanor if the person 17 (1) drives a motor vehicle on a highway or vehicular way or area at a 18 time when that person's driver's license, privilege to drive, or privilege to obtain a 19 license has been canceled, suspended, or revoked in this or another jurisdiction; or 20 (2) drives in violation of a limitation placed upon that person's license 21 or privilege to drive in this or another jurisdiction. 22 * Sec. 4. AS 28.15.291 is amended by adding a new subsection to read: 23 (d) A person is guilty of a class C felony if the person drives a motor vehicle 24 on a highway or vehicular way or area at a time when that person's driver's license, 25 privilege to drive, or privilege to obtain a license has been revoked and the revocation 26 was imposed under AS 28.35.030(n) or 28.35.032(q). Upon conviction under this 27 subsection, the court 28 (1) shall impose a minimum sentence of imprisonment of not less than 29 30 days and a fine of not less than $1,000; 30 (2) may impose additional conditions of probation; 31 (3) may not
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person serve a minimum term of imprisonment and perform 03 required community work service as provided in (1) of this subsection; 04 (B) suspend imposition of sentence; and 05 (4) shall revoke the person's license, privilege to drive, or privilege to 06 obtain a license, and the person may not be issued a new license or a limited license nor 07 may the privilege to drive or obtain a license be restored for an additional period of not 08 less than 90 days after the date that the person would have been entitled to restoration 09 of driving privileges. 10 * Sec. 5. AS 28.35.030(b) is amended to read: 11 (b) Except as provided under (n) of this section, driving [DRIVING] while 12 intoxicated is a class A misdemeanor. Upon conviction 13 (1) the court shall impose a minimum sentence of imprisonment of 14 (A) not less than 72 consecutive hours and a fine of not less than 15 $250 if the person has not been previously convicted; 16 (B) not less than 20 days and a fine of not less than $500 if the 17 person has been previously convicted once; 18 (C) not less than 60 days and a fine of not less than $1,000 if the 19 person has been previously convicted twice and is not subject to punishment 20 under (n) of this section; 21 (D) not less than 120 days and a fine of not less than $2,000 if 22 the person has been previously convicted three times and is not subject to 23 punishment under (n) of this section; 24 (E) not less than 240 days and a fine of not less than $3,000 if 25 the person has been previously convicted four times and is not subject to 26 punishment under (n) of this section; 27 (F) not less than 360 days and a fine of not less than $4,000 if 28 the person has been previously convicted more than four times and is not 29 subject to punishment under (n) of this section; 30 (2) the court may not 31 (A) suspend execution of sentence or grant probation except on
01 condition that the person serve the minimum imprisonment under (1) of this 02 subsection; 03 (B) suspend imposition of sentence; 04 (3) the court shall revoke the person's driver's license, privilege to drive, 05 or privilege to obtain a license under AS 28.15.181, and may order the motor vehicle or 06 aircraft that was used in commission of the offense to be forfeited under AS 28.35.036. 07 * Sec. 6. AS 28.35.030 is amended by adding a new subsection to read: 08 (n) A person is guilty of a class C felony if the person is convicted of driving 09 while intoxicated and has been previously convicted two or more times. For purposes 10 of determining if a person has been previously convicted, the provisions of (m)(4) of this 11 section apply, except that only convictions occurring within five years preceding the date 12 of the present offense may be included. Upon conviction the court 13 (1) shall impose a minimum sentence of imprisonment of 360 days and 14 a fine of not less than $1,000; 15 (2) may not 16 (A) suspend execution of sentence or grant probation except on 17 condition that the person serve the minimum imprisonment under (1) of this 18 subsection; or 19 (B) suspend imposition of sentence; 20 (3) shall revoke the person's driver's license, privilege to drive, or 21 privilege to obtain a license under AS 28.15.181(c); 22 (4) may order as a condition of probation or parole that the person take 23 antabuse or a similar drug intended to prevent the consumption of an alcoholic beverage; 24 a condition of probation imposed under this paragraph is in addition to any other 25 condition authorized under another provision of law; and 26 (5) may also order forfeiture under AS 28.35.036 of the vehicle or 27 aircraft used in the commission of the offense, subject to remission under AS 28.35.037. 28 * Sec. 7. AS 28.35.032(f) is amended to read: 29 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 30 submit to a chemical test authorized by AS 28.33.031(a) or AS 28.35.031(a) or (g) is 31 a class A misdemeanor.
01 * Sec. 8. AS 28.35.032(g) is amended to read: 02 (g) Upon conviction under this section 03 (1) the court shall impose a minimum sentence of imprisonment of 04 (A) not less than 72 consecutive hours and a fine of not less than 05 $250 if the person has not been previously convicted; 06 (B) not less than 20 days and a fine of not less than $500 if the 07 person has been previously convicted once; 08 (C) not less than 60 days and a fine of not less than $1,000 if the 09 person has been previously convicted twice and is not subject to punishment 10 under (q) of this section; 11 (D) not less than 120 days and a fine of not less than $2,000 if 12 the person has been previously convicted three times and is not subject to 13 punishment under (q) of this section; 14 (E) not less than 240 days and a fine of not less than $3,000 if 15 the person has been previously convicted four times and is not subject to 16 punishment under (q) of this section; 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 and is not 19 subject to punishment under (q) of this section; 20 (2) the court may not 21 (A) suspend execution of the sentence required by (1) of this 22 subsection or grant probation, except on condition that the person serve the 23 minimum imprisonment under (1) of this subsection; or 24 (B) suspend imposition of sentence; 25 (3) the court shall revoke the person's driver's license, privilege to drive, 26 or privilege to obtain a license under AS 28.15.181, and may order the motor vehicle or 27 aircraft that was used in commission of the offense be forfeited under AS 28.35.036; and 28 (4) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person. 30 * Sec. 9. AS 28.35.032 is amended by adding a new subsection to read: 31 (q) A person is guilty of a class C felony if the person is convicted under this
01 section and has been previously convicted two or more times. For purposes of 02 determining if a person has been previously convicted, the provisions of 03 AS 28.35.030(m)(4) apply, except that only convictions occurring within five years 04 preceding the date of the present offense may be included. Upon conviction, 05 (1) the court shall impose a minimum sentence of imprisonment of 360 06 days and a fine of not less than $1,000; 07 (2) the court may not 08 (A) suspend execution of the sentence required by (1) of this 09 subsection or grant probation, except on condition that the person serve the 10 minimum imprisonment under (1) of this subsection; or 11 (B) suspend imposition of sentence; 12 (3) the court shall revoke the person's driver's license, privilege to drive, 13 or privilege to obtain a license under AS 28.15.181(c); 14 (4) the court may order as a condition of probation or parole that the 15 person take antabuse or a similar drug intended to prevent consumption of an alcoholic 16 beverage; a condition of probation imposed under this paragraph is in addition to any 17 other condition authorized under another provision of law; 18 (5) the sentence imposed by the court under this subsection shall run 19 consecutively with any other sentence of imprisonment imposed on the person; and 20 (6) the court may also order forfeiture under AS 28.35.036, of the vehicle 21 or aircraft used in the commission of the offense, subject to remission under 22 AS 28.35.037. 23 * Sec. 10. APPLICABILITY. This Act applies to offenses that are committed on or after the 24 effective date of this Act, except that references to previous convictions include convictions 25 occurring before, on, or after the effective date of this Act. 26 * Sec. 11. This Act takes effect July 1, 1995.