HB 474: "An Act relating to violations of municipal ordinances and regulations; and amending the definition of the jurisdiction of the superior court and the Department of Health and Social Services over delinquent minors to add a further exclusion from that jurisdiction for a minor's violation of a municipal ordinance or regulation that is punishable as an infraction or violation, and making a related technical amendment to that jurisdictional definition."
00HOUSE BILL NO. 474 01 "An Act relating to violations of municipal ordinances and regulations; and 02 amending the definition of the jurisdiction of the superior court and the 03 Department of Health and Social Services over delinquent minors to add a further 04 exclusion from that jurisdiction for a minor's violation of a municipal ordinance 05 or regulation that is punishable as an infraction or violation, and making a 06 related technical amendment to that jurisdictional definition." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.80.040 is amended to read: 09 Sec. 12.80.040. VIOLATIONS AND INFRACTIONS. Except as provided in 10 AS 11.81.900(b), [AND] AS 28.40.050(d), and AS 29.25.070(a)(2) and (3), all laws 11 of the state relating to misdemeanors apply to violations and infractions, including the 12 powers of peace officers, the jurisdiction of courts, and the periods for commencing 13 actions and for bringing a case to trial. 14 * Sec. 2. AS 29.25.070(a) is amended to read:
01 (a) For the violation of an ordinance, a municipality may by ordinance 02 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days. For 03 a violation that cannot result in incarceration or the loss of a valuable license, 04 (1) a municipality may allow disposition of the violation without court 05 appearance and establish a schedule of fine amounts for each offense; 06 (2) if under a court rule applicable to the district court the 07 violation may be disposed of as a minor offense because the municipality has 08 established a schedule of fine amounts for the offense, a person charged with the 09 violation is not entitled to 10 (A) a trial by jury; or 11 (B) appointment of a public defender or other counsel 12 appointed at public expense to represent the person; 13 (3) when the person is found to have committed the violation, that 14 determination does not give rise to any disability or legal disadvantage based on 15 conviction of a crime. 16 * Sec. 3. AS 47.10.010(b) is amended to read: 17 (b) When a minor is accused of violating a statute, regulation, or municipal 18 ordinance specified in this subsection, other than a statute the violation of which is 19 a felony, AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do not apply 20 and the minor accused of the offense shall be charged, prosecuted, and sentenced in 21 the district court in the same manner as an adult. If a minor is charged, prosecuted, 22 and sentenced for an offense under this subsection, the minor's parent, guardian, or 23 legal custodian shall be present at all proceedings. The provisions of this subsection 24 apply when a minor is accused of violating 25 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 26 a municipality; 27 (2) AS 11.76.105, relating to the possession of tobacco by a person 28 under 19 years of age; 29 (3) a fish and game statute or regulation under AS 16; 30 (4) a parks and recreational facilities statute or regulation under 31 AS 41.21; and
01 (5) AS 04.16.050, relating to possession or consumption; and 02 (6) an ordinance or regulation of a municipality that is punishable 03 as an infraction or violation; for purposes of this paragraph, an ordinance or 04 regulation is punishable as an infraction or violation if it prescribes conduct 05 punishable only by a fine and not by imprisonment or the imposition of any other 06 penalty.