SB 6 AM: "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses."
00SENATE BILL NO. 6 am 01 "An Act relating to suspension of a driver's license for failure to appear in 02 court or failure to pay a fine; relating to court and collection costs for traffic 03 offenses; and relating to citations and court procedures for municipal traffic and 04 parking offenses." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSE AND INTENT OF SECTION 5. The purpose of sec. 5 of this Act 07 is to create a mechanism to enforce citations issued for offenses involving a moving motor 08 vehicle. It is the intent of the legislature that after a person has made a required court 09 appearance or paid a fine required by the court, that any driver's license suspension imposed 10 by the court be terminated as quickly as possible. 11 * Sec. 2. AS 12.25.200(b) is amended to read: 12 (b) A citation issued under AS 12.25.180 must indicate 13 (1) the amount of bail or fine applicable to the offense; 14 (2) [,] the procedure a person must follow in responding to the citation;
01 (3) [, AND] that if the person fails to pay the bail or fine the person 02 must appear in court; 03 (4) that failure to pay the bail or fine or appear in court for an 04 offense involving a moving motor vehicle may result in 05 (A) suspension of the person's driver's license, privilege to 06 drive, or privilege to obtain a license; or 07 (B) attachment of the person's permanent fund dividend to 08 pay the fine plus court and collection costs under AS 28.05.155; and 09 (5) [. IN ADDITION, A CITATION MUST INDICATE] that the 10 person has a right to 11 (A) [(1)] a trial; 12 (B) [(2)] engage counsel; 13 (C) [(3)] confront and question witnesses; 14 (D) [(4)] testify; and 15 (E) [(5)] subpoena witnesses on the person's behalf. 16 * Sec. 3. AS 28.01.010 is amended by adding a new subsection to read: 17 (h) A municipality may not 18 (1) issue a citation for a traffic offense unless the citation complies with 19 the provisions of AS 12.25.200; or 20 (2) enact a parking citation trial or appeal process unless the trial or 21 appeal process and fees charged for it are substantially similar to the applicable trial 22 or appeal process adopted by the Alaska Supreme Court or imposed by law; or 23 (3) issue a citation for a traffic offense unless the citation is issued by 24 a peace officer; this paragraph does not apply to a citation issued for a municipal 25 traffic offense if the 26 (A) municipality has established a scheduled amount of bail for 27 the offense as provided under AS 28.05.151(a); 28 (B) municipal traffic offense is also punishable as a traffic 29 offense under state statute or regulation; and 30 (C) fine imposed for the municipal traffic offense is not more 31 than one-half of the fine imposed for the same traffic offense under the bail
01 schedule established by the supreme court under AS 28.05.151(a). 02 * Sec. 4. AS 28.05 is amended by adding a new section to read: 03 Sec. 28.05.155. COURT AND COLLECTION COSTS. If a person's 04 permanent fund dividend is attached to pay the bail or fine for an offense involving 05 a moving motor vehicle, the court shall increase the bail or fine of that person by at 06 least 07 (1) $25 for court costs; and 08 (2) $10 for collection costs. 09 * Sec. 5. AS 28.15.181 is amended by adding a new subsection to read: 10 (h) The court may suspend the driver's license, privilege to drive, or privilege 11 to obtain a license of a person who fails to appear in court as required by a citation 12 for an offense involving a moving motor vehicle, or who fails to pay a fine as required 13 by the court for an offense involving a moving motor vehicle. If the court suspends 14 a driver's license under this subsection, the court shall also provide notice of the 15 suspension to the department. A suspension imposed under this subsection remains 16 in effect until the person appears in court as required by the citation, or pays the fine 17 as required by the court. When the person appears in court or pays the required fine, 18 the court shall terminate the suspension imposed under this subsection and provide the 19 department and the person with written notice of the termination.