00 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6
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 new subsections to read:
17 (h) A municipality may issue a citation for a traffic offense only if the citation
18 complies with the provisions of AS 12.25.200.
19 (i) A municipal parking citation trial or appeal process and fees charged for
20 it must be substantially similar to the applicable trial or appeal process adopted by the
21 Alaska Supreme Court or imposed by law.
22 * Sec. 4. AS 28.05 is amended by adding a new section to read:
23 Sec. 28.05.155. COURT AND COLLECTION COSTS. If a person's
24 permanent fund dividend is attached to pay the bail or fine for an offense involving
25 a moving motor vehicle, the court shall increase the bail or fine of that person by at
27 (1) $25 for court costs; and
28 (2) $10 for collection costs.
29 * Sec. 5. AS 28.15.181 is amended by adding a new subsection to read:
30 (h) The court may suspend the driver's license, privilege to drive, or privilege
31 to obtain a license of a person who fails to appear in court as required by a citation
01 for an offense involving a moving motor vehicle, or who fails to pay a fine as required
02 by the court for an offense involving a moving motor vehicle. If the court suspends
03 a driver's license under this subsection, the court shall also provide notice of the
04 suspension to the department. A suspension imposed under this subsection remains
05 in effect until the person appears in court as required by the citation, or pays the fine
06 as required by the court. When the person appears in court or pays the required fine,
07 the court shall terminate the suspension imposed under this subsection and provide the
08 department and the person with written notice of the termination.