SCS CSHB 159(FIN): "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; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) 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 relating to the offenses of driving while intoxicated and failure to submit to a 04 chemical test of breath or blood; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.030(b) is amended to read: 07 (b) In addition to the authority granted under (a) of this section, a peace officer 08 without a warrant may arrest a person when the peace officer has probable 09 [REASONABLE] cause for believing that the person has committed a crime under, or 10 violated conditions imposed as a part of the person's release before trial on 11 misdemeanor charges brought under, 12 (1) AS 04.16.050 or an ordinance with similar elements; 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 02 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 03 spouse of the person who committed the crime; a parent, grandparent, child, or 04 grandchild of the person who committed the crime; a member of the social unit 05 comprised of those living together in the same dwelling as the person who committed 06 the crime; or another person who is not a spouse or former spouse of the person who 07 committed the crime but who previously lived in a spousal relationship with the person 08 who committed the crime or is in or has been in a dating, courtship, or engagement 09 relationship with the person who 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 12 of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) 13 or 28.35.032(g) or (q). 14 * Sec. 3. AS 28.35.030(b) is amended to read: 15 (b) Except as provided under (n) of this section, driving [DRIVING] while 16 intoxicated is a class A misdemeanor. Upon conviction 17 (1) the court shall impose a minimum sentence of imprisonment of 18 (A) not less than 72 consecutive hours and a fine of not less 19 than $250 if the person has not been previously convicted; 20 (B) not less than 20 days and a fine of not less than $500 if the 21 person has been previously convicted once; 22 (C) not less than 60 days and a fine of not less than $1,000 if 23 the person has been previously convicted twice and is not subject to 24 punishment under (n) of this section; 25 (D) not less than 120 days and a fine of not less than $2,000 26 if the person has been previously convicted three times and is not subject to 27 punishment under (n) of this section; 28 (E) not less than 240 days and a fine of not less than $3,000 if 29 the person has been previously convicted four times and is not subject to 30 punishment under (n) of this section; 31 (F) not less than 360 days and a fine of not less than $4,000 if
01 the person has been previously convicted more than four times and is not 02 subject to punishment under (n) of this section; 03 (2) the court may not 04 (A) suspend execution of sentence or grant probation except on 05 condition that the person serve the minimum imprisonment under (1) of this 06 subsection; 07 (B) suspend imposition of sentence; 08 (3) the court shall revoke the person's driver's license, privilege to 09 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 10 vehicle or aircraft that was used in commission of the offense to be forfeited under 11 AS 28.35.036. 12 * Sec. 4. AS 28.35.030(h) is amended to read: 13 (h) The court shall order a person convicted under this section to satisfy the 14 screening, evaluation, referral, and program requirements of an agency authorized by 15 the court to make referrals for rehabilitative treatment or to provide rehabilitative 16 treatment. If a person is convicted under (n) of this section, the court shall order 17 the person to be evaluated as required by this subsection before the court imposes 18 sentence for the offense. 19 * Sec. 5. AS 28.35.030(j) is amended to read: 20 (j) If a person fails to satisfy the requirements of an authorized agency under 21 (i) of this section, the court 22 (1) may impose any portion of a suspended sentence; however, if the 23 person was convicted under (n) of this section, the court shall impose the 24 remaining portion of any suspended sentence; 25 (2) may punish the failure as contempt of the authority of the court 26 under AS 09.50.010 or as a violation of a condition of probation; and 27 (3) shall order the revocation or suspension of the person's driver's 28 license, privilege to drive, and privilege to obtain a driver's license until the 29 requirements are satisfied. 30 * Sec. 6. AS 28.35.030(m)(4) is amended to read: 31 (4) "previously convicted" means having been convicted in this or
01 another jurisdiction, within 10 years preceding the date of the present offense, of any 02 of the following offenses [, OR OF ANOTHER LAW OR ORDINANCE WITH 03 SUBSTANTIALLY SIMILAR ELEMENTS]; however, convictions for any of these 04 offenses, if arising out of a single transaction and a single arrest, are considered one 05 previous conviction: 06 (A) operating a motor vehicle, aircraft, or watercraft while 07 intoxicated, in violation of this section or in violation of another law or 08 ordinance with similar elements, except that the other law or ordinance 09 may provide for a lower level of alcohol in the person's blood or breath 10 than imposed under (a)(2) of this section; 11 (B) refusal to submit to a chemical test in violation of 12 AS 28.35.032 or in violation of another law or ordinance with similar 13 elements; or 14 (C) operating a commercial motor vehicle while intoxicated in 15 violation of AS 28.33.030 or in violation of another law or ordinance with 16 similar elements, except that the other law or ordinance may provide for 17 a lower level of alcohol in the person's blood or breath than imposed 18 under AS 28.33.030(a)(2). 19 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read: 20 (n) A person is guilty of a class C felony if the person is convicted of driving 21 while intoxicated and has been previously convicted two or more times. For purposes 22 of determining if a person has been previously convicted, the provisions of (m)(4) of 23 this section apply, except that only convictions occurring within five years preceding 24 the date of the present offense may be included. Upon conviction the court 25 (1) shall impose a fine of not less than $5,000 and a minimum sentence 26 of imprisonment of not less than 27 (A) 120 days if the person has been previously convicted twice; 28 (B) 240 days if the person has been previously convicted three 29 times; 30 (C) 360 days if the person has been previously convicted four 31 or more times;
01 (2) may not 02 (A) suspend execution of sentence or grant probation except on 03 condition that the person serve the minimum imprisonment under (1) of this 04 subsection; or 05 (B) suspend imposition of sentence; 06 (3) shall revoke the person's driver's license, privilege to drive, or 07 privilege to obtain a license under AS 28.15.181(c); 08 (4) may order as a condition of probation or parole that the person take 09 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 10 beverage; a condition of probation imposed under this paragraph is in addition to any 11 other condition authorized under another provision of law; and 12 (5) may also order forfeiture under AS 28.35.036 of the vehicle or 13 aircraft used in the commission of the offense, subject to remission under 14 AS 28.35.037. 15 * Sec. 8. AS 28.35.032(f) is amended to read: 16 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 17 submit to a chemical test authorized by AS 28.33.031(a) or AS 28.35.031(a) or (g) 18 is a class A misdemeanor. 19 * Sec. 9. AS 28.35.032(g) is amended to read: 20 (g) Upon conviction under this section 21 (1) the court shall impose a minimum sentence of imprisonment of 22 (A) not less than 72 consecutive hours and a fine of not less 23 than $250 if the person has not been previously convicted; 24 (B) not less than 20 days and a fine of not less than $500 if the 25 person has been previously convicted once; 26 (C) not less than 60 days and a fine of not less than $1,000 if 27 the person has been previously convicted twice and is not subject to 28 punishment under (q) of this section; 29 (D) not less than 120 days and a fine of not less than $2,000 30 if the person has been previously convicted three times and is not subject to 31 punishment under (q) of this section;
01 (E) not less than 240 days and a fine of not less than $3,000 if 02 the person has been previously convicted four times and is not subject to 03 punishment under (q) of this section; 04 (F) not less than 360 days and a fine of not less than $4,000 if 05 the person has been previously convicted more than four times and is not 06 subject to punishment under (q) of this section; 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 13 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 14 vehicle or aircraft that was used in commission of the offense be forfeited under 15 AS 28.35.036; and 16 (4) the sentence imposed by the court under this subsection shall run 17 consecutively with any other sentence of imprisonment imposed on the person. 18 * Sec. 10. AS 28.35.032(l) is amended to read: 19 (l) The court shall order a person convicted under this section to satisfy the 20 screening, evaluation, referral, and program requirements of an agency authorized by 21 the court to make referrals for rehabilitative treatment or to provide rehabilitative 22 treatment. If a person is convicted under (q) of this section, the court shall order 23 the person to be evaluated as required by this subsection before the court imposes 24 sentence for the offense. 25 * Sec. 11. AS 28.35.032(n) is amended to read: 26 (n) If a person fails to satisfy the requirements of an authorized agency under 27 (m) of this section, the court 28 (1) may impose any portion of a suspended sentence; however, if the 29 person was convicted under (q) of this section, the court shall impose the 30 remaining portion of any suspended sentence; 31 (2) may punish the failure as contempt of the authority of the court
01 under AS 09.50.010 or as a violation of a condition of probation; and 02 (3) shall order the revocation or suspension of the person's driver's 03 license, privilege to drive, and privilege to obtain a driver's license until the 04 requirements are satisfied. 05 * Sec. 12. AS 28.35.032 is amended by adding a new subsection to read: 06 (q) A person is guilty of a class C felony if the person is convicted under this 07 section and has been previously convicted two or more times. For purposes of 08 determining if a person has been previously convicted, the provisions of 09 AS 28.35.030(m)(4) apply, except that only convictions occurring within five years 10 preceding the date of the present offense may be included. Upon conviction, 11 (1) the court shall impose a fine of not less than $5,000 and a 12 minimum sentence of imprisonment of not less than 13 (A) 120 days if the person has been previously convicted twice; 14 (B) 240 days if the person has been previously convicted three 15 times; 16 (C) 360 days if the person has been previously convicted four 17 or more times; 18 (2) the court may not 19 (A) suspend execution of the sentence required by (1) of this 20 subsection or grant probation, except on condition that the person serve the 21 minimum imprisonment under (1) of this subsection; or 22 (B) suspend imposition of sentence; 23 (3) the court shall revoke the person's driver's license, privilege to 24 drive, or privilege to obtain a license under AS 28.15.181(c); 25 (4) the court may order as a condition of probation or parole that the 26 person take a drug or combination of drugs intended to prevent consumption of an 27 alcoholic beverage; a condition of probation imposed under this paragraph is in 28 addition to any other condition authorized under another provision of law; 29 (5) the sentence imposed by the court under this subsection shall run 30 consecutively with any other sentence of imprisonment imposed on the person; and 31 (6) the court may also order forfeiture under AS 28.35.036, of the
01 vehicle or aircraft used in the commission of the offense, subject to remission under 02 AS 28.35.037. 03 * Sec. 13. APPLICABILITY. This Act applies to offenses that are committed on or after 04 the effective date of this Act, except that references to previous convictions include 05 convictions occurring before, on, or after the effective date of this Act. 06 * Sec. 14. This Act takes effect July 1, 1995.