CSHB 179(JUD): "An Act relating to underage drinking and drug offenses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 179(JUD) 01 "An Act relating to underage drinking and drug offenses; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 04.16.050(b) is amended to read: 05 (b) A person who violates (a) of this section and who has not been 06 previously convicted or received a suspended imposition of sentence under (1) of 07 this subsection is guilty of minor consuming or in possession or control [A 08 VIOLATION]. Upon conviction in the district court, the court 09 (1) may grant a suspended imposition of sentence under 10 AS 12.55.085 and place the person on probation for one year or until the person 11 is 21 years of age, whichever is later, if the person has not been convicted of a 12 violation of this section previously; among the conditions of probation, the court 13 shall, with the consent of a community diversion panel, refer the person to the 14 panel, and require the person to comply with conditions set by the panel,
01 including counseling, education, treatment, community work, and payment of 02 fees; in this paragraph, "community diversion panel" means a youth court or 03 other group approved by the court or the Department of Health and Social 04 Services to consider a violation of this section; or 05 (2) shall impose a fine of at least $200 but not more than $600, shall 06 require the person to attend alcohol information school if the school is available, 07 and shall place the person on probation under (e) of this section; the court may 08 suspend a portion of the fine imposed under this paragraph that exceeds $200 if 09 the person is required to pay for education or treatment required under (e) of 10 this section [NOT LESS THAN $100]. 11 * Sec. 2. AS 04.16.050 is amended by adding new subsections to read: 12 (c) A person is guilty of repeat minor consuming or in possession or control if 13 the person was placed on probation under (b) of this section or has been previously 14 convicted, and the person violates (a) of this section. Upon conviction in the district 15 court, the court shall 16 (1) impose a fine of $1,000 and require at least 48 hours of community 17 work; 18 (2) revoke the person's driver's license for three months; 19 (3) take possession of the person's driver's license; and 20 (4) suspend up to $500 of the fine and place the person on probation 21 under (e) of this section. 22 (d) A person is guilty of habitual minor consuming or in possession or control 23 if the person was placed on probation under (c) of this section, or has been previously 24 convicted twice, and the person violates (a) of this section. Habitual minor consuming 25 or in possession or control is a class B misdemeanor. Upon conviction, the court may 26 impose an appropriate period of imprisonment and fine and place the person on 27 probation under (e) of this section and shall 28 (1) impose at least 96 hours of community work; 29 (2) revoke the person's driver's license for six months; 30 (3) within five working days, notify the agency responsible for the 31 administration of motor vehicle laws of the revocation; and
01 (4) take possession of the person's driver's license. 02 (e) The court shall place a person sentenced under (b), (c), or (d) of this 03 section on probation for one year, or until the person is 21 years of age, whichever is 04 later. The person may not refuse probation. The court may require the person to pay 05 for and enroll in a juvenile alcohol safety action program. The court shall impose the 06 following conditions of probation: 07 (1) the person shall pay for and successfully complete any education or 08 treatment recommended; 09 (2) the person may not consume inhalants or possess or consume 10 controlled substances or alcoholic beverages, except as provided in AS 04.16.051(b); 11 (3) the person shall timely complete any community work ordered, as 12 provided in (f) of this section; and 13 (4) other conditions the court considers appropriate. 14 (f) A person ordered to perform community work under this section shall 15 perform the work within 120 days of the entry of judgment for a conviction. The court 16 may expand the time period for up to 30 days upon a showing of good cause. The 17 person shall submit verification of completion of community work to the clerk of court 18 on a form provided by the court. If the verification is not provided within the time 19 period required by this subsection, the court shall, within 30 days, schedule further 20 proceedings in the case to determine whether a violation of probation has occurred. 21 (g) The treatment recommended by a juvenile alcohol safety action program 22 for a person placed on probation under (e) of this section may include a period of 23 inpatient treatment if the judgment specifies the maximum period of inpatient 24 treatment authorized. A person who has been recommended for inpatient treatment 25 may make a written request to the sentencing court for review of the referral. A 26 person shall make a request for review within seven days after the recommendation 27 and shall specifically set out the grounds upon which the request for review is based. 28 The court may order a hearing on the request for review. 29 (h) The juvenile alcohol safety action program to which a person is referred 30 under this section shall inform the court or a minor's juvenile probation officer if the 31 person fails to submit to evaluation or fails to complete successfully any education or
01 treatment recommended. If the court finds that the person has failed to perform 02 community work as ordered, to submit to evaluation, or to complete successfully the 03 education or treatment recommended, the court may impose the suspended fine, and 04 may impose any period of suspended incarceration. If the person was convicted under 05 (c) or (d) of this section, the court shall revoke the person's driver's license for an 06 additional six months beyond the revocation imposed under (c) or (d) of this section. 07 A court revoking a person's driver's license under this subsection shall notify the 08 agency responsible for the administration of motor vehicle laws of the revocation 09 within five working days. 10 (i) When considering the financial resources of a minor for purposes of 11 determining eligibility for court-appointed counsel under this section, the court shall 12 consider the resources of both the defendant and the defendant's parent or guardian, 13 unless the court finds good cause to treat the defendant's or the defendant's parent's or 14 guardian's resources as being unavailable to the defendant. 15 (j) A driver's license revocation under this section is consecutive to a 16 revocation imposed under another provision of law, but is concurrent with a 17 revocation under another provision of law based on a prior conviction, adjudication of 18 delinquency, or informal adjustment under AS 47.12.060. 19 (k) In this section, 20 (1) "driver's license" has the meaning given in AS 28.40.100; 21 (2) "juvenile alcohol safety action program" means 22 (A) a juvenile alcohol safety action program developed and 23 implemented or approved by the Department of Health and Social Services 24 under AS 47.37; 25 (B) any other alcohol education or treatment program approved 26 by the Department of Health and Social Services under AS 47.37 if a program 27 described in (A) of this paragraph is not available in the community in which 28 the person resides; or 29 (C) a program or counseling approved by the court if a program 30 or treatment described in (A) of this paragraph is not available in the 31 community where the person resides;
01 (3) "previously convicted" means a conviction or an adjudication as a 02 delinquent for a violation of AS 11.71, AS 28.35.030, 28.35.032, 28.35.280 - 03 28.35.290, or a law or ordinance in another jurisdiction with substantially similar 04 elements. 05 * Sec. 3. AS 04.16.180(a) is amended to read: 06 (a) Except as provided in AS 04.11.015, AS 04.16.025, 04.16.050 07 [AS 04.16.050(b)], 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065, a person who 08 violates a provision of this title or a regulation adopted by the board is guilty, upon 09 conviction, of a class A misdemeanor. Each violation is a separate offense. 10 * Sec. 4. AS 21.89.027 is amended to read: 11 Sec. 21.89.027. Motor vehicle insurance following driver's license 12 revocation. (a) Notwithstanding AS 21.36.210, an insurer offering insurance in this 13 state may not (1) refuse to issue or renew motor vehicle liability insurance coverage; 14 (2) cancel an existing policy of motor vehicle liability insurance; (3) deny a covered 15 claim; or (4) increase the premium on a motor vehicle liability insurance policy if the 16 refusal, cancellation, denial, or increase results only from the fact that the person's 17 driver's license was revoked under AS 04.16.050(c), (d), or (h) [AS 28.15.183 OR 18 28.15.185] for possession or consumption of alcohol in a situation where the person 19 was not driving and was in violation of AS 04.16.050(a) [AS 04.16.050] or a 20 municipal ordinance with substantially similar elements. 21 (b) The provisions of (a) of this section may not prevent an insurer from 22 underwriting or rating based upon loss experience in the same manner as it would for a 23 person who has not had the person's driver's license revoked under AS 04.16.050(c), 24 (d), or (h) [AS 28.15.183 OR 28.15.185]. 25 * Sec. 5. AS 28.15 is amended by adding a new section to read: 26 Sec. 28.15.176. Administrative revocation of license to drive for 27 consumption or possession of alcohol or drugs. (a) The department shall revoke 28 the driver's license or permit, privilege to drive, or privilege to obtain a license of a 29 person not yet 18 years of age for 30 (1) six months when notified of an informal adjustment under 31 AS 47.12.060(b)(4) and shall revoke the person's driver's license or permit, privilege
01 to drive, or privilege to obtain a license for an additional six months when notified of 02 an unsuccessful adjustment under that paragraph; 03 (2) the time period specified in AS 28.15.185(b) when notified of an 04 informal adjustment under AS 47.12.060(b)(5). 05 (b) The department shall require proof of financial responsibility before 06 restoring a person's privilege to drive that is revoked under this section. 07 * Sec. 6. AS 28.15.181 is amended by adding a new subsection to read: 08 (i) A court convicting a person under AS 04.16.050(c) or (d) shall revoke the 09 person's driver's license or permit, privilege to drive, or privilege to obtain a license as 10 provided in AS 04.16.050(c) or (d). 11 * Sec. 7. AS 28.15.183(a) is amended to read: 12 (a) If a peace officer has probable cause to believe that a person who is at least 13 14 years of age but not yet 21 years of age has [POSSESSED OR USED A 14 CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A MUNICIPAL 15 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, POSSESSED OR 16 CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL 17 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS,] operated a 18 vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit to a 19 chemical test under AS 28.35.285, and the peace officer has cited the person or 20 arrested the person for the offense, the peace officer shall read a notice and deliver a 21 copy to the person. The notice must advise that 22 (1) the department intends to revoke the person's driver's license or 23 permit, privilege to drive, or privilege to obtain a license or permit; 24 (2) the person has the right to administrative review of the revocation; 25 (3) if the person has a driver's license or permit, the notice itself is a 26 temporary driver's license or permit that expires 10 days after it is delivered to the 27 person; 28 (4) revocation of the person's driver's license or permit, privilege to 29 drive, or privilege to obtain a license or permit, takes effect 10 days after delivery of 30 the notice to the person unless the person, within 10 days, requests an administrative 31 review;
01 (5) if the person has been cited under AS 28.35.280 or under 02 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, 03 aircraft, or watercraft during the 24 hours following issuance of the citation. 04 * Sec. 8. AS 28.15.183(c) is amended to read: 05 (c) Unless the person has requested an administrative review, the department 06 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 07 obtain a license or permit, effective 10 days after delivery to the person of the notice 08 required under (a) of this section, upon receipt of a sworn report of a peace officer 09 (1) that the officer had probable cause to believe that the person is at 10 least 14 years of age but not yet 21 years of age and has violated one of the offenses 11 described in (a) of this section; 12 (2) that the peace officer has cited or arrested the person for 13 [(A)] a violation of [AS 11.71, AS 04.16.050,] AS 28.35.280 [,] 14 or 28.35.285 [;] or 15 [(B) POSSESSION OR USE OF A CONTROLLED 16 SUBSTANCE OR ALCOHOL IN VIOLATION OF] a municipal ordinance 17 with substantially similar elements; 18 (3) that notice under (a) of this section was provided to the person; and 19 (4) describing the circumstances surrounding the offense. 20 * Sec. 9. AS 28.15.183(g) is amended to read: 21 (g) Except as provided under (h) of this section, the department may not issue 22 a new license or reissue a license to a person whose driver's license, permit, or 23 privilege to drive has been revoked under this section unless the person, if required to 24 participate in a juvenile alcohol safety action program, as defined in 25 AS 04.16.050, has successfully completed any education or treatment 26 recommended [IS ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS 27 SUCCESSFULLY COMPLETED, 28 (1) AN ALCOHOLISM EDUCATION OR REHABILITATION 29 TREATMENT PROGRAM APPROVED UNDER AS 47.37, IF THE 30 REVOCATION RESULTED FROM POSSESSION OR CONSUMPTION OF 31 ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL ORDINANCE
01 WITH SUBSTANTIALLY SIMILAR ELEMENTS, FROM OPERATING A 02 VEHICLE AFTER CONSUMING ALCOHOL IN VIOLATION OF AS 28.35.280, 03 OR FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST OF BREATH IN 04 VIOLATION OF AS 28.35.285; OR 05 (2) A DRUG EDUCATION OR REHABILITATION TREATMENT 06 PROGRAM, IF THE REVOCATION RESULTED FROM POSSESSION OR USE 07 OF A CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A 08 MUNICIPAL ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS]. 09 * Sec. 10. AS 28.15.183(i) is amended to read: 10 (i) A person whose driver's license, permit, or privilege to drive was revoked 11 under this section may apply for reinstatement of the person's driver's license as 12 provided in this subsection. A person may apply to the department for reinstatement 13 by filing a written request for review of the revocation imposed under this section with 14 the department. The department shall issue a new license or reissue the person's 15 driver's license 16 [(1)] as provided under AS 28.15.211(d) if the department finds that 17 (1) [(A)] the application for reinstatement is filed at least one year after 18 the person's license, permit, or privilege was revoked; 19 (2) [(B)] the person complies with (g) of this section; and 20 (3) [(C)] the person has not violated a provision of this title or a 21 regulation of the department since the revocation [; OR 22 (2) IMMEDIATELY IF 23 (A) THE OFFENSE DESCRIBED UNDER (a) OF THIS 24 SECTION FOR WHICH THE PERSON WAS CITED OR ARRESTED IS 25 NOT PROSECUTED OR THE PROSECUTION RESULTS IN DISMISSAL 26 BY A COURT; OR 27 (B) A COURT OR JURY FINDS THAT THE PERSON IS 28 NOT GUILTY OF THE OFFENSE DESCRIBED UNDER (a) OF THIS 29 SECTION FOR WHICH THE PERSON WAS CITED OR ARRESTED]. 30 * Sec. 11. AS 28.15.184(g) is amended to read: 31 (g) The hearing for review of a revocation by the department under
01 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 02 of age but not yet 21 years of age and whether the person [POSSESSED OR USED A 03 CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A MUNICIPAL 04 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, OR POSSESSED 05 OR CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A 06 MUNICIPAL ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS,] 07 operated a vehicle after consuming alcohol in violation of AS 28.35.280 [,] or refused 08 to submit to a chemical test of breath in violation of AS 28.35.285. 09 * Sec. 12. AS 28.15.185(a) is amended to read: 10 (a) A person [WHO IS AT LEAST 13 YEARS OF AGE BUT NOT OLDER 11 THAN 17 YEARS OF AGE] is subject to revocation, under (b) of this section, of the 12 person's driver's license or permit, privilege to drive, or privilege to obtain a license if 13 the person 14 (1) is at least 13 years of age but not yet 21 years of age and is 15 convicted of or is adjudicated a delinquent minor by a court for 16 [(1)] misconduct involving a controlled substance under AS 11.71 or a 17 municipal ordinance with substantially similar elements; or 18 (2) is at least 13 years of age but not yet 18 years of age and is 19 convicted of or is adjudicated a delinquent minor by a court for an offense 20 involving the illegal use or possession of a firearm that is punishable under AS 11 or a 21 municipal ordinance with substantially similar elements. 22 * Sec. 13. AS 28.15.185 is amended by adding a new subsection to read: 23 (e) In addition to revocation imposed under this section, a court that 24 adjudicates a delinquent minor for repeat minor consuming or in possession or control 25 under AS 04.16.050(c) or for habitual minor consuming or in possession or contact 26 under AS 04.16.050(d) shall revoke the minor's driver's license, privilege to drive, or 27 privilege to obtain a license as provided in AS 04.16.050(c) or (d). 28 * Sec. 14. AS 28.15.211 is amended by adding a new subsection to read: 29 (g) The department may not issue a new license or reissue a license to a 30 person whose driver's license has been revoked under AS 04.16.050, AS 28.15.183, or 31 28.15.185 unless the person, if required to participate in a juvenile alcohol safety
01 action program, has successfully completed any education or treatment recommended. 02 In this subsection, "juvenile alcohol safety action program" has the meaning given in 03 AS 04.16.050. 04 * Sec. 15. AS 47.12.030(b) is amended to read: 05 (b) When a minor is accused of violating a statute specified in this subsection, 06 other than a statute the violation of which is a felony, this chapter and the Alaska 07 Delinquency Rules do not apply and the minor accused of the offense shall be 08 charged, prosecuted, and sentenced in the district court in the same manner as an 09 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 10 subsection, the minor's parent, guardian, or legal custodian shall be present at all 11 proceedings; the provisions of this subsection apply when a minor is accused of 12 violating 13 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 14 a municipality; 15 (2) AS 11.76.105, relating to the possession of tobacco by a person 16 under 19 years of age; 17 (3) a fish and game statute or regulation under AS 16; 18 (4) a parks and recreational facilities statute or regulation under 19 AS 41.21; 20 (5) AS 04.16.050, relating to possession, control, or consumption of 21 alcohol, except for conduct constituting habitual minor consuming or in 22 possession or control under AS 04.16.050(d); and 23 (6) a municipal curfew ordinance, whether adopted under 24 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 25 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 26 the violation of a municipal curfew ordinance, the court shall allow a defendant the 27 option of performing community work; the value of the community work, which may 28 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 29 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 30 or work that, on the recommendation of the municipal or borough assembly, city 31 council, or traditional village council of the defendant's place of residence, would
01 benefit persons within the municipality or village who are elderly or disabled. 02 * Sec. 16. AS 47.12.060(b) is amended to read: 03 (b) When the department or the entity selected by it decides to make an 04 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 05 (1) must be made with [MAY NOT BE MADE WITHOUT] the 06 agreement or consent of the minor and the minor's parents or guardian to the terms and 07 conditions of the adjustment; [.] 08 (2) must give [IN ADDITION, THE DEPARTMENT OR ENTITY 09 SHALL GIVE] the minor's foster parent an opportunity to be heard before the 10 informal adjustment is made; [.] 11 (3) must include notice that [AN] informal action to adjust a matter is 12 not successfully completed unless, among other factors that the department or the 13 entity selected by it considers, as to the victim of the act of the minor that is the basis 14 of the delinquency allegation, the minor pays restitution in the amount set by the 15 department or the entity selected by it or agrees as a term or condition set by the 16 department or the entity selected by it to pay the restitution; 17 (4) for a violation of habitual minor consuming or in possession or 18 control under AS 04.16.050(d) must include an agreement that the minor 19 perform 96 hours of community work, provide that the minor's driver's license 20 or permit, privilege to drive, or privilege to obtain a license be revoked for six 21 months, and provide that the driver's license or permit, privilege to drive, or 22 privilege to obtain a license be revoked for an additional six months if the 23 informal adjustment is not successful because the minor has failed to perform 24 community work as ordered, or has failed to submit to evaluation or successfully 25 complete the education or treatment recommended; the department or an entity 26 selected by the department shall notify the agency responsible for issuing driver's 27 licenses of an informal adjustment under this paragraph or of an unsuccessful 28 adjustment described in this paragraph; 29 (5) of an offense described in AS 28.15.185(a)(1) must include an 30 agreement that the minor's driver's license or permit, privilege to drive, or 31 privilege to obtain a license be revoked as provided in AS 28.15.185(b); the
01 department or an entity selected by the department shall notify the agency 02 responsible for issuing driver's licenses of an informal adjustment under this 03 paragraph. 04 * Sec. 17. AS 47.12.120 is amended by adding a new subsection to read: 05 (k) A court that adjudicates a delinquent minor for repeat minor consuming or 06 in possession or control under AS 04.16.050(c) or for habitual minor consuming or in 07 possession or control under AS 04.16.050(d) shall revoke the minor's driver's license 08 or permit, privilege to drive, or privilege to obtain a license as provided in 09 AS 04.16.050(c) or (d). A court that adjudicates a delinquent minor for an offense 10 involving a controlled substance under AS 11.71 or involving a firearm under AS 11 11 shall revoke the minor's driver's license or permit, privilege to drive, or privilege to 12 obtain a license as provided in AS 28.15.185. 13 * Sec. 18. AS 47.37.040 is amended by adding a new paragraph to read: 14 (20) develop and implement or designate, in cooperation with other 15 state or local agencies, a juvenile alcohol safety action program that provides alcohol 16 and substance abuse screening, referral, and monitoring of persons under 18 years of 17 age who have been referred to it by 18 (A) a court in connection with a charge or conviction of a 19 violation or misdemeanor related to the use of alcohol or a controlled 20 substance; 21 (B) the agency responsible for the administration of motor 22 vehicle laws in connection with a license action related to the use of alcohol or 23 a controlled substance; or 24 (C) the department after a delinquency adjudication that is 25 related to the use of alcohol or a controlled substance. 26 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. This Act applies to offenses committed on or after the effective 29 date of this Act, except that references to previous convictions include convictions occurring 30 before, on, or after the effective date of this Act. 31 * Sec. 20. This Act takes effect July 1, 2001.