SB 264: "An Act providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; and amending Rules 43 and 43.1, Alaska Rules of Administration."
00SENATE BILL NO. 264 01 "An Act providing for the revocation of driving privileges by a court for a 02 driver convicted of a violation of traffic laws in connection with a fatal motor 03 vehicle or commercial motor vehicle accident; and amending Rules 43 and 43.1, 04 Alaska Rules of Administration." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.05.151 is amended by adding a new subsection to read: 07 (e) The supreme court, in establishing scheduled amounts of bail under this 08 section, and each municipality that establishes or has established a fine schedule under 09 this section, may not allow for the disposition of an offense without court appearance 10 for a person who is cited for violation of the traffic laws in connection with a motor 11 vehicle or commercial motor vehicle accident, if the accident resulted in the death of 12 a person. In this subsection, "traffic laws" has the meaning given in AS 28.15.261. 13 * Sec. 2. AS 28.15 is amended by adding a new section to read: 14 Sec. 28.15.182. Court revocation of license for accident causing death. (a)
01 The court convicting a person for a violation of the traffic laws shall revoke the 02 driver's license, privilege to drive, or privilege to obtain a license of the person if the 03 court finds by a preponderance of evidence that 04 (1) the person was operating a motor vehicle or commercial motor 05 vehicle that was involved in an accident; 06 (2) the accident caused the death of another; and 07 (3) the violation of traffic laws by the person contributed to the 08 accident. 09 (b) The period of revocation under (a) of this section is one year. This period 10 is concurrent with any other period of revocation under AS 28.15.165 or 28.15.181, 11 or any other action imposed by the department or court in connection with the 12 accident. 13 (c) The court revoking a person's driver's license, privilege to drive, or 14 privilege to obtain a license under (a) of this section may consider a request for a 15 limited license by the person. A court shall require a certification of employment to 16 prove any claim of the person's employment. After a review has been made of the 17 person's driving record and other relevant information, the court may grant limited 18 license privileges for all or part of the period of revocation if the court finds that 19 (1) the person's ability to earn a livelihood would be severely impaired 20 without a limited license; and 21 (2) limitation can be placed on the license that will enable the person 22 to earn a livelihood without danger to the public. 23 (d) When imposing a limitation under (c) of this section, the court shall 24 (1) require the surrender of the driver's license; and 25 (2) issue to the person a certificate valid for the duration of the 26 limitation specifying the terms of the limited license. 27 * Sec. 3. AS 28.15.219 is amended by adding a new paragraph to read: 28 (4) "traffic laws" has the meaning given in AS 28.15.261. 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 INDIRECT COURT RULE AMENDMENT. (a) AS 28.05.151(e), added by sec. 1
01 of this Act, has the effect of amending Rules 43 and 43.1, Alaska Rules of Administration, 02 by not allowing for the disposition of an offense without a court appearance for certain 03 violations of traffic laws in connection with a motor vehicle or commercial motor vehicle 04 accident resulting in the death of a person. 05 (b) AS 28.05.151(e), enacted by sec. 1 of this Act, takes effect only if (a) of this 06 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 07 Constitution of the State of Alaska. 08 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 APPLICABILITY. This Act applies to actions taken regarding a motor vehicle or 11 commercial motor vehicle accident that caused the death of a person and that occurred on or 12 after the effective date of this Act.