CSSSHB 75(FIN): "An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) 01 "An Act relating to vehicle theft and the consequences of vehicle theft, including 02 revocation of a driver's license, privilege to drive, or privilege to obtain a license; 03 amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.46 is amended by adding new sections to read: 07 ARTICLE 2A. VEHICLE THEFT. 08 Sec. 11.46.360. VEHICLE THEFT IN THE FIRST DEGREE. (a) A person 09 commits the crime of vehicle theft in the first degree if, having no right to do so or any 10 reasonable ground to believe the person has such a right, the person drives, tows away, 11 or takes 12 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft of 13 another; 14 (2) the propelled vehicle of another and the vehicle or any other property
01 of another is damaged, or the owner incurs reasonable expenses as a result of the loss 02 of use of the vehicle, in a total amount of $500 or more; 03 (3) the propelled vehicle of another and the vehicle is marked as a police 04 or emergency vehicle; or 05 (4) the propelled vehicle of another and, within the preceding seven 06 years, the person was convicted under 07 (A) this section or AS 11.46.365; 08 (B) former AS 11.46.482(a)(4) or (5); 09 (C) former AS 11.46.484(a)(2); 10 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 11 of a propelled vehicle; or 12 (E) a law or ordinance of this or another jurisdiction with 13 elements substantially similar to those of an offense described in (A) - (D) of this 14 paragraph. 15 (b) In this section, 16 (1) "aircraft" has the meaning given in AS 02.15.260; 17 (2) "all-terrain vehicle" means a three-wheeled propelled vehicle less than 18 75 inches in width and having a dry weight of 800 pounds or less, equipped with low 19 pressure tires, and designed primarily for travel over unimproved terrain; 20 (3) "motorcycle" means a vehicle having a seat or saddle for the use of 21 the rider, designed to travel on not more than three wheels in contact with the ground, 22 and having an engine with more than 50 cubic centimeters of displacement; "motorcycle" 23 does not include a tractor or an "all-terrain vehicle"; 24 (4) "watercraft" means a propelled vehicle used or capable of being used 25 as a means of transportation, for recreational or commercial purposes, on water. 26 (c) Vehicle theft in the first degree is a class C felony. 27 Sec. 11.46.365. VEHICLE THEFT IN THE SECOND DEGREE. (a) A person 28 commits the crime of vehicle theft in the second degree if, having no right to do so or 29 a reasonable ground to believe the person has such a right, 30 (1) the person drives, tows away, or takes the propelled vehicle of 31 another, other than a vehicle described in AS 11.46.360(a)(1); or
01 (2) having custody of a propelled vehicle under a written agreement with 02 the owner of the vehicle that includes an agreement to return the vehicle to the owner 03 at a specified time, the person knowingly retains or withholds possession of the vehicle 04 without the consent of the owner for so long a period beyond the time specified as to 05 render the retention or possession of the vehicle an unreasonable deviation from the 06 agreement. 07 (b) Vehicle theft in the second degree is a class A misdemeanor. 08 * Sec. 2. AS 11.46.484(b) is amended to read: 09 (b) Criminal [EXCEPT AS PROVIDED IN (c) OF THIS SECTION, 10 CRIMINAL] mischief in the third degree is a class A misdemeanor. 11 * Sec. 3. AS 11.46.486(a) is amended to read: 12 (a) A person commits the crime of criminal mischief in the fourth degree if, 13 having no right to do so or any reasonable ground to believe the person has such a right, 14 (1) with reckless disregard for the risk of harm to or loss of the property 15 or with intent to cause substantial inconvenience to another, the person tampers with 16 property of another; 17 (2) with intent to damage property of another, the person damages 18 property of another in an amount less than $50; or 19 (3) the person rides in a propelled vehicle knowing it has been stolen or 20 that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1) [AS 11.46.482(a)(4) 21 or 11.46.484(a)(2)]. 22 * Sec. 4. AS 12.55.045(e) is amended to read: 23 (e) If a defendant is convicted of vehicle theft in the first degree in violation 24 of AS 11.46.360 or vehicle theft in the second [CRIMINAL MISCHIEF IN THE 25 THIRD] degree in violation of AS 11.46.365(a)(1) [AS 11.46.484(a)(2)], and the victim 26 of the offense incurs damage or loss as a result of the offense, the court shall order the 27 defendant to pay restitution. 28 * Sec. 5. AS 12.55.135(e) is amended to read: 29 (e) If [EXCEPT AS PROVIDED IN AS 12.55.055(f), IF] a defendant is 30 sentenced under (c) or [,] (d) [, OR (f)] of this section, 31 (1) execution of sentence may not be suspended and probation or parole
01 may not be granted until the minimum term of imprisonment has been served; 02 (2) imposition of a sentence may not be suspended except upon condition 03 that the defendant be imprisoned for no less than the minimum term of imprisonment 04 provided in the section; and 05 (3) the minimum term of imprisonment may not otherwise be reduced. 06 * Sec. 6. AS 12.55.135(f) is amended to read: 07 (f) A defendant convicted of vehicle theft in the second degree in violation of 08 AS 11.46.365(a)(1) [CRIMINAL MISCHIEF IN THE THIRD DEGREE IN 09 VIOLATION OF AS 11.46.484(a)(2), WHOSE CONVICTION IS NOT A FELONY 10 UNDER AS 11.46.484(c),] shall be sentenced to a definite term of imprisonment of 11 at least 72 hours but not more than one year. 12 * Sec. 7. AS 28.15.181(a) is amended to read: 13 (a) Conviction of any of the following offenses is grounds for the immediate 14 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 15 (1) manslaughter or negligent homicide resulting from driving a motor 16 vehicle; 17 (2) a felony in the commission of which a motor vehicle is used; 18 (3) failure to stop and give aid as required by law when a motor 19 vehicle accident results in the death or personal injury of another; 20 (4) perjury or making a false affidavit or statement under oath to the 21 department under a law relating to motor vehicles; 22 (5) operating a motor vehicle or aircraft while intoxicated; 23 (6) reckless driving; 24 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 25 officer; 26 (8) refusal to submit to a chemical test authorized under 27 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 28 commercial motor vehicle, or aircraft while intoxicated, or authorized under 29 AS 28.35.031(g); 30 (9) driving while license, privilege to drive, or privilege to obtain a 31 license, canceled, suspended, or revoked, or in violation of a limitation;
01 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 02 vehicle theft in the second degree in violation of AS 11.46.365. 03 * Sec. 8. AS 28.15.181(b) is amended to read: 04 (b) A court convicting a person of an offense described in (a)(1) - (4), (6), 05 [OR] (7), or (10) of this section shall revoke that person's driver's license, privilege 06 to drive, or privilege to obtain a license for not less than 30 days for the first 07 conviction, unless the court determines that the person's ability to earn a livelihood 08 would be severely impaired and a limitation under AS 28.15.201 can be placed on the 09 license that will enable the person to earn a livelihood without excessive danger to the 10 public. If a court limits a person's license under this subsection, it shall do so for not 11 less than 60 days. Upon a subsequent conviction of a person for any offense described 12 in (a)(1) - (4), (6), [OR] (7), or (10) of this section occurring within 10 years after a 13 prior conviction, the court shall revoke the person's license, privilege to drive, or 14 privilege to obtain a license and may not grant the person limited license privileges for 15 the following periods: 16 (1) not less than one year for the second conviction; and 17 (2) not less than three years for a third or subsequent conviction. 18 * Sec. 9. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: 19 (a) Scheduling. At the time guilt in a felony case is established by verdict or 20 plea, the judge shall establish the date for a sentencing hearing and a presentencing 21 hearing, if appropriate, and, except as provided in paragraph (f) of this rule, shall 22 order a presentence investigation by the Department of Corrections. If the judge elects 23 to schedule a single hearing, all of the procedures for the presentencing and sentencing 24 hearings shall be applicable at the single hearing. 25 * Sec. 10. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new 26 subsection to read: 27 (f) When Presentence Investigation Not Required. Unless a person may be 28 sentenced to a presumptive term of imprisonment under AS 12.55.125(e)(1) or (2), a 29 presentence investigation by the Department of Corrections is not required for a 30 defendant convicted of vehicle theft in the first degree in violation of AS 11.46.360. 31 * Sec. 11. AS 11.46.482(a)(4), 11.46.482(a)(5), 11.46.484(a)(2), 11.46.484(a)(3),
01 11.46.484(c); and AS 12.55.055(f) are repealed. 02 * Sec. 12. AS 11.46.360(a)(1), enacted by sec. 1 of this Act, applies to an act committed 03 on or after the effective date of this Act. 04 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).