SB 271: "An Act relating to enforcement of and penalties for certain traffic violations; amending Rule 8(d), Alaska District Court Criminal Rules, and Rule 17(b), Alaska District Court Civil Rules."
00SENATE BILL NO. 271 01 "An Act relating to enforcement of and penalties for certain traffic violations; 02 amending Rule 8(d), Alaska District Court Criminal Rules, and Rule 17(b), Alaska 03 District Court Civil Rules." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.25.200(b) is amended to read: 06 (b) A citation issued under AS 12.25.180 must indicate the amount of bail or 07 fine applicable to the offense, the procedure a person must follow in responding to the 08 citation, [AND] that, if the person fails to pay the bail or fine, the person must appear 09 in court, and that failure to obey the citation may result in a civil judgment being 10 entered against the person. In addition, a citation must indicate that the person has 11 a right to 12 (1) a trial; 13 (2) engage counsel; 14 (3) confront and question witnesses;
01 (4) testify; and 02 (5) subpoena witnesses on the person's behalf. 03 * Sec. 2. AS 12.25.230(b) is amended to read: 04 (b) If a person is cited for an offense for which an amount of scheduled bail 05 or fine is established and fails to pay the bail or fine, or appear in court, the citation 06 shall be considered a summons for a misdemeanor and notice that civil judgment 07 may be entered against the person as provided under AS 28.40.050(f). 08 * Sec. 3. AS 28.15.191(b) is amended to read: 09 (b) A conviction on a plea of no contest [NOLO CONTENDERE] accepted 10 by the court, a conviction by default entered by the court for an offense for which 11 a bail forfeiture amount has been established under AS 28.05.151, or a forfeiture 12 of bail or collateral deposited to secure a defendant's appearance in court that has not 13 been vacated is equivalent to a conviction for purposes of this chapter. 14 * Sec. 4. AS 28.40.050 is amended by adding a new subsection to read: 15 (f) In addition to the penalties provided under AS 12.25.230, if a person fails 16 to appear in court to answer a citation issued for an offense for which a scheduled 17 amount of bail has been established as provided under AS 28.05.151, the court may 18 enter a default civil judgment against the person for the amount of the scheduled bail. 19 * Sec. 5. Rule 8(d), Alaska District Court Criminal Rules, is amended by adding a new 20 paragraph to read: 21 (6) The court may enter a default civil judgment against a person who 22 is charged with a minor offense and who fails to obey a citation issued under 23 AS 28.05.151. The amount of the civil judgment may not exceed the scheduled 24 amount of bail. 25 * Sec. 6. Rule 17(b), Alaska District Court Civil Rules, is amended to read: 26 (b) Judgment on the pleadings may be entered pursuant to Rules 13(b) 27 and 10(d), and pursuant to District Court Criminal Rule 8(d)(6).