CSSB 46(FIN): "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages."
00CS FOR SENATE BILL NO. 46(FIN) 01 "An Act revising the provision of law under which a minor may be charged, 02 prosecuted, and sentenced as an adult in the district court, and adding to the 03 list of offenses for which a minor may be prosecuted as an adult in the district 04 court; amending the criminal jurisdiction of the district court to provide for the 05 disposition of certain offenses relating to possession, control, or consumption of 06 alcoholic beverages by a person under 21 years of age and possession of 07 tobacco by a person under 19 years of age; allowing a person under age 21 08 to be arrested by a peace officer without a warrant for acts relating to illegal 09 possession, consumption, or control of alcohol; and amending the penalty 10 applicable to persons under 21 years of age who possess, control, or consume 11 alcoholic beverages." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 13 * Section 1. AS 04.16.050 is amended by adding a new subsection to read: 14 (b) A person who violates (a) of this section is guilty of a violation. Upon
01 conviction in the district court, the court may impose a fine of not less than $100. 02 * Sec. 2. AS 04.16.180(a) is amended to read: 03 (a) Except as provided in AS 04.11.015, AS 04.16.050(b), 04.16.051 04 [AS 04.16.051], 04.16.200 - 04.16.210, and AS 04.21.065, a person who violates a 05 provision of this title or a regulation adopted by the board is guilty, upon conviction, 06 of a class A misdemeanor. Each violation is a separate offense. 07 * Sec. 3. AS 12.25.030(b) is amended to read: 08 (b) In addition to the authority granted under (a) of this section, a peace officer 09 without a warrant may arrest a person when the peace officer has reasonable cause for 10 believing that the person 11 (1) has committed a crime under, or violated conditions imposed as part 12 of the person's release before trial on misdemeanor charges brought under 13 (A) [(1)] AS 11.41.270 or AS 11.56.740; or 14 (B) [(2)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has 15 violated an ordinance with elements substantially similar to the elements of a 16 crime under AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a 17 spouse or former spouse of the person who committed the crime; a parent, 18 grandparent, child, or grandchild of the person who committed the crime; a 19 member of the social unit comprised of those living together in the same 20 dwelling as the person who committed the crime; or another person who is not 21 a spouse or former spouse of the person who committed the crime but who 22 previously lived in a spousal relationship with the person who committed the 23 crime or is in or has been in a dating, courtship, or engagement relationship 24 with the person who committed the crime; or 25 (2) has violated AS 04.16.050. 26 * Sec. 4. AS 22.15.060(a) is amended to read: 27 (a) The district court has jurisdiction 28 (1) of the following crimes: 29 (A) a misdemeanor, unless otherwise provided in this chapter; 30 (B) a violation of an ordinance of a political subdivision; 31 (C) a violation of AS 04.16.050 or AS 11.76.105;
01 (2) to provide post-conviction relief under the Alaska Rules of Criminal 02 Procedure, if the conviction occurred in the district court. 03 * Sec. 5. AS 47.10.010(b) is amended to read: 04 (b) When a minor is accused of violating a statute specified in this 05 subsection, other than [A TRAFFIC STATUTE OR REGULATION, A TRAFFIC 06 ORDINANCE OR REGULATION OF AN INCORPORATED MUNICIPALITY, 07 AS 11.76.105 RELATING TO THE POSSESSION OF TOBACCO BY A MINOR, 08 A FISH AND GAME STATUTE OR REGULATION UNDER AS 16, OR A PARKS 09 AND RECREATIONAL FACILITIES STATUTE OR REGULATION UNDER 10 AS 41.21, EXCEPTING] a statute the violation of which is a felony, [THE 11 PROCEDURE PRESCRIBED IN] AS 47.10.020 - 47.10.090 and the Alaska 12 Delinquency Rules do not apply and the [MAY NOT BE FOLLOWED, EXCEPT 13 THAT A PARENT, GUARDIAN, OR LEGAL CUSTODIAN SHALL BE PRESENT 14 AT ALL PROCEEDINGS. THE] minor accused of the [AN] offense [SPECIFIED IN 15 THIS SUBSECTION] shall be charged, prosecuted, and sentenced in the district court 16 in the same manner as an adult. If a minor is charged, prosecuted, and sentenced 17 for an offense under this subsection, the minor's parent, guardian, or legal 18 custodian shall be present at all proceedings. The provisions of this subsection 19 apply when a minor is accused of violating 20 (1) a traffic statute or regulation, or a traffic ordinance or 21 regulation of a municipality; 22 (2) AS 11.76.105, relating to the possession of tobacco by a person 23 under 19 years of age; 24 (3) a fish and game statute or regulation under AS 16; 25 (4) a parks and recreational facilities statute or regulation under 26 AS 41.21; 27 (5) each of the following statutes relating to alcoholic beverages: 28 (A) AS 04.16.049, relating to access to licensed premises; 29 (B) AS 04.16.050, relating to possession or consumption; 30 (C) AS 04.16.051, relating to furnishing of alcoholic 31 beverages; or
01 (D) AS 04.16.060, relating to alcoholic beverage purchases; 02 and 03 (6) an offense defined in AS 11.71 or AS 17.30. 04 * Sec. 6. APPLICABILITY. This Act applies to an offense committed on or after the 05 effective date of this Act.