CSHB 179(FIN): "An Act relating to underage drinking and drug offenses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 179(FIN) 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 previously 12 convicted of a violation of this section previously; among the conditions of 13 probation, the court shall, with the consent of a community diversion panel, refer 14 the person to the panel, and require the person to comply with conditions set by
01 the panel, including counseling, education, treatment, community work, and 02 payment of fees; in this paragraph, "community diversion panel" means a youth 03 court or other group selected by the court to serve as a sentencing option for a 04 person convicted under 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, if one is available. The 06 court shall impose the 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. The department shall revoke the 28 driver's license or permit, privilege to drive, or privilege to obtain a license of a person 29 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 * Sec. 6. AS 28.15.181 is amended by adding a new subsection to read: 06 (i) A court convicting a person under AS 04.16.050(c) or (d) shall revoke the 07 person's driver's license or permit, privilege to drive, or privilege to obtain a license as 08 provided in AS 04.16.050(c) or (d). 09 * Sec. 7. AS 28.15.183(a) is amended to read: 10 (a) If a peace officer has probable cause to believe that a person who is at least 11 14 years of age but not yet 21 years of age has [POSSESSED OR USED A 12 CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A MUNICIPAL 13 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, POSSESSED OR 14 CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL 15 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS,] operated a 16 vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit to a 17 chemical test under AS 28.35.285, and the peace officer has cited the person or 18 arrested the person for the offense, the peace officer shall read a notice and deliver a 19 copy to the person. The notice must advise that 20 (1) the department intends to revoke the person's driver's license or 21 permit, privilege to drive, or privilege to obtain a license or permit; 22 (2) the person has the right to administrative review of the revocation; 23 (3) if the person has a driver's license or permit, the notice itself is a 24 temporary driver's license or permit that expires 10 days after it is delivered to the 25 person; 26 (4) revocation of the person's driver's license or permit, privilege to 27 drive, or privilege to obtain a license or permit, takes effect 10 days after delivery of 28 the notice to the person unless the person, within 10 days, requests an administrative 29 review; 30 (5) if the person has been cited under AS 28.35.280 or under 31 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle,
01 aircraft, or watercraft during the 24 hours following issuance of the citation. 02 * Sec. 8. AS 28.15.183(c) is amended to read: 03 (c) Unless the person has requested an administrative review, the department 04 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 05 obtain a license or permit, effective 10 days after delivery to the person of the notice 06 required under (a) of this section, upon receipt of a sworn report of a peace officer 07 (1) that the officer had probable cause to believe that the person is at 08 least 14 years of age but not yet 21 years of age and has violated one of the offenses 09 described in (a) of this section; 10 (2) that the peace officer has cited or arrested the person for 11 [(A)] a violation of [AS 11.71, AS 04.16.050,] AS 28.35.280 [,] 12 or 28.35.285 [;] or 13 [(B) POSSESSION OR USE OF A CONTROLLED 14 SUBSTANCE OR ALCOHOL IN VIOLATION OF] a municipal ordinance 15 with substantially similar elements; 16 (3) that notice under (a) of this section was provided to the person; and 17 (4) describing the circumstances surrounding the offense. 18 * Sec. 9. AS 28.15.183(g) is amended to read: 19 (g) Except as provided under (h) of this section, the department may not issue 20 a new license or reissue a license to a person whose driver's license, permit, or 21 privilege to drive has been revoked under this section unless the person, if required to 22 participate in a juvenile alcohol safety action program, as defined in 23 AS 04.16.050, has successfully completed any education or treatment 24 recommended [IS ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS 25 SUCCESSFULLY COMPLETED, 26 (1) AN ALCOHOLISM EDUCATION OR REHABILITATION 27 TREATMENT PROGRAM APPROVED UNDER AS 47.37, IF THE 28 REVOCATION RESULTED FROM POSSESSION OR CONSUMPTION OF 29 ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL ORDINANCE 30 WITH SUBSTANTIALLY SIMILAR ELEMENTS, FROM OPERATING A 31 VEHICLE AFTER CONSUMING ALCOHOL IN VIOLATION OF AS 28.35.280,
01 OR FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST OF BREATH IN 02 VIOLATION OF AS 28.35.285; OR 03 (2) A DRUG EDUCATION OR REHABILITATION TREATMENT 04 PROGRAM, IF THE REVOCATION RESULTED FROM POSSESSION OR USE 05 OF A CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A 06 MUNICIPAL ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS]. 07 * Sec. 10. AS 28.15.183(i) is amended to read: 08 (i) A person whose driver's license, permit, or privilege to drive was revoked 09 under this section may apply for reinstatement of the person's driver's license as 10 provided in this subsection. A person may apply to the department for reinstatement 11 by filing a written request for review of the revocation imposed under this section with 12 the department. The department shall issue a new license or reissue the person's 13 driver's license 14 [(1)] as provided under AS 28.15.211(d) if the department finds that 15 (1) [(A)] the application for reinstatement is filed at least one year after 16 the person's license, permit, or privilege was revoked; 17 (2) [(B)] the person complies with (g) of this section; and 18 (3) [(C)] the person has not violated a provision of this title or a 19 regulation of the department since the revocation [; OR 20 (2) IMMEDIATELY IF 21 (A) THE OFFENSE DESCRIBED UNDER (a) OF THIS 22 SECTION FOR WHICH THE PERSON WAS CITED OR ARRESTED IS 23 NOT PROSECUTED OR THE PROSECUTION RESULTS IN DISMISSAL 24 BY A COURT; OR 25 (B) A COURT OR JURY FINDS THAT THE PERSON IS 26 NOT GUILTY OF THE OFFENSE DESCRIBED UNDER (a) OF THIS 27 SECTION FOR WHICH THE PERSON WAS CITED OR ARRESTED]. 28 * Sec. 11. AS 28.15.184(g) is amended to read: 29 (g) The hearing for review of a revocation by the department under 30 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 31 of age but not yet 21 years of age and whether the person [POSSESSED OR USED A
01 CONTROLLED SUBSTANCE IN VIOLATION OF AS 11.71 OR A MUNICIPAL 02 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, OR POSSESSED 03 OR CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A 04 MUNICIPAL ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS,] 05 operated a vehicle after consuming alcohol in violation of AS 28.35.280 [,] or refused 06 to submit to a chemical test of breath in violation of AS 28.35.285. 07 * Sec. 12. AS 28.15.185(a) is amended to read: 08 (a) A person [WHO IS AT LEAST 13 YEARS OF AGE BUT NOT OLDER 09 THAN 17 YEARS OF AGE] is subject to revocation, under (b) of this section, of the 10 person's driver's license or permit, privilege to drive, or privilege to obtain a license if 11 the person 12 (1) is at least 13 years of age but not yet 21 years of age and is 13 convicted of or is adjudicated a delinquent minor by a court for 14 [(1)] misconduct involving a controlled substance under AS 11.71 or a 15 municipal ordinance with substantially similar elements; or 16 (2) is at least 13 years of age but not yet 18 years of age and is 17 convicted of or is adjudicated a delinquent minor by a court for an offense 18 involving the illegal use or possession of a firearm that is punishable under AS 11 or a 19 municipal ordinance with substantially similar elements. 20 * Sec. 13. AS 28.15.185 is amended by adding a new subsection to read: 21 (e) In addition to revocation imposed under this section, a court that 22 adjudicates a delinquent minor for repeat minor consuming or in possession or control 23 under AS 04.16.050(c) or for habitual minor consuming or in possession or contact 24 under AS 04.16.050(d) shall revoke the minor's driver's license, privilege to drive, or 25 privilege to obtain a license as provided in AS 04.16.050(c) or (d). 26 * Sec. 14. AS 28.15.211 is amended by adding a new subsection to read: 27 (g) Except as provided under AS 28.15.183(h), the department may not issue a 28 new license or reissue a license to a person whose driver's license has been revoked 29 under AS 04.16.050, AS 28.15.183, or 28.15.185 unless the person, if required to 30 participate in a juvenile alcohol safety action program, has successfully completed any 31 education or treatment recommended. In this subsection, "juvenile alcohol safety
01 action program" has the meaning given in AS 04.16.050. 02 * Sec. 15. AS 47.12.030(b) is amended to read: 03 (b) When a minor is accused of violating a statute specified in this subsection, 04 other than a statute the violation of which is a felony, this chapter and the Alaska 05 Delinquency Rules do not apply and the minor accused of the offense shall be 06 charged, prosecuted, and sentenced in the district court in the same manner as an 07 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 08 subsection, the minor's parent, guardian, or legal custodian shall be present at all 09 proceedings; the provisions of this subsection apply when a minor is accused of 10 violating 11 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 12 a municipality; 13 (2) AS 11.76.105, relating to the possession of tobacco by a person 14 under 19 years of age; 15 (3) a fish and game statute or regulation under AS 16; 16 (4) a parks and recreational facilities statute or regulation under 17 AS 41.21; 18 (5) AS 04.16.050, relating to possession, control, or consumption of 19 alcohol, except for conduct constituting habitual minor consuming or in 20 possession or control under AS 04.16.050(d); and 21 (6) a municipal curfew ordinance, whether adopted under 22 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 23 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 24 the violation of a municipal curfew ordinance, the court shall allow a defendant the 25 option of performing community work; the value of the community work, which may 26 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 27 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 28 or work that, on the recommendation of the municipal or borough assembly, city 29 council, or traditional village council of the defendant's place of residence, would 30 benefit persons within the municipality or village who are elderly or disabled. 31 * Sec. 16. AS 47.12.060(b) is amended to read:
01 (b) When the department or the entity selected by it decides to make an 02 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 03 (1) must be made with [MAY NOT BE MADE WITHOUT] the 04 agreement or consent of the minor and the minor's parents or guardian to the terms and 05 conditions of the adjustment; [.] 06 (2) must give [IN ADDITION, THE DEPARTMENT OR ENTITY 07 SHALL GIVE] the minor's foster parent an opportunity to be heard before the 08 informal adjustment is made; [.] 09 (3) must include notice that [AN] informal action to adjust a matter is 10 not successfully completed unless, among other factors that the department or the 11 entity selected by it considers, as to the victim of the act of the minor that is the basis 12 of the delinquency allegation, the minor pays restitution in the amount set by the 13 department or the entity selected by it or agrees as a term or condition set by the 14 department or the entity selected by it to pay the restitution; 15 (4) for a violation of habitual minor consuming or in possession or 16 control under AS 04.16.050(d) must include an agreement that the minor 17 perform 96 hours of community work, provide that the minor's driver's license 18 or permit, privilege to drive, or privilege to obtain a license be revoked for six 19 months, and provide that the driver's license or permit, privilege to drive, or 20 privilege to obtain a license be revoked for an additional six months if the 21 informal adjustment is not successful because the minor has failed to perform 22 community work as ordered, or has failed to submit to evaluation or successfully 23 complete the education or treatment recommended; the department or an entity 24 selected by the department shall notify the agency responsible for issuing driver's 25 licenses of an informal adjustment under this paragraph or of an unsuccessful 26 adjustment described in this paragraph; 27 (5) of an offense described in AS 28.15.185(a)(1) must include an 28 agreement that the minor's driver's license or permit, privilege to drive, or 29 privilege to obtain a license be revoked as provided in AS 28.15.185(b); the 30 department or an entity selected by the department shall notify the agency 31 responsible for issuing driver's licenses of an informal adjustment under this
01 paragraph. 02 * Sec. 17. AS 47.12.120 is amended by adding a new subsection to read: 03 (k) A court that adjudicates a delinquent minor for repeat minor consuming or 04 in possession or control under AS 04.16.050(c) or for habitual minor consuming or in 05 possession or control under AS 04.16.050(d) shall revoke the minor's driver's license 06 or permit, privilege to drive, or privilege to obtain a license as provided in 07 AS 04.16.050(c) or (d). A court that adjudicates a delinquent minor for an offense 08 involving a controlled substance under AS 11.71 or involving a firearm under AS 11 09 shall revoke the minor's driver's license or permit, privilege to drive, or privilege to 10 obtain a license as provided in AS 28.15.185. 11 * Sec. 18. AS 47.37.040 is amended by adding a new paragraph to read: 12 (20) develop and implement or designate, in cooperation with other 13 state or local agencies, a juvenile alcohol safety action program that provides alcohol 14 and substance abuse screening, referral, and monitoring of persons under 18 years of 15 age who have been referred to it by 16 (A) a court in connection with a charge or conviction of a 17 violation or misdemeanor related to the use of alcohol or a controlled 18 substance; 19 (B) the agency responsible for the administration of motor 20 vehicle laws in connection with a license action related to the use of alcohol or 21 a controlled substance; or 22 (C) the department after a delinquency adjudication that is 23 related to the use of alcohol or a controlled substance. 24 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 PILOT JUVENILE ALCOHOL TREATMENT PROGRAM. The Department of 27 Health and Social Services, beginning July 1, 2001, and ending June 30, 2003, shall, in 28 Fairbanks, Juneau, Ketchikan, and Kotzebue, establish a pilot juvenile alcohol treatment 29 program. 30 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. This Act applies to offenses committed on or after the effective 02 date of this Act, except that references to previous convictions include convictions occurring 03 before, on, or after the effective date of this Act. 04 * Sec. 21. This Act takes effect July 1, 2001.