HB 27: "An Act relating to driving while intoxicated; and providing for an effective date."
00 HOUSE BILL NO. 27 01 "An Act relating to driving while intoxicated; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.35.030(b) is amended to read: 04 (b) Except as otherwise provided in [UNDER (n) OF] this section, driving 05 while under the influence of an alcoholic beverage, inhalant, or controlled substance is 06 a class A misdemeanor. Except as provided under (p) and (s) of this section, upon 07 conviction, 08 (1) the court shall impose a minimum sentence of imprisonment of 09 (A) not less than 72 consecutive hours and a fine of not less 10 than $1,500 if the person has not been previously convicted; 11 (B) not less than 20 days and a fine of not less than $3,000 if 12 the person has been previously convicted once; 13 (C) not less than 60 days and a fine of not less than $4,000 if 14 the person has been previously convicted twice and is not subject to 15 punishment under (n) of this section;
01 (D) not less than 120 days and a fine of not less than $5,000 if 02 the person has been previously convicted three times and is not subject to 03 punishment under (n) of this section; 04 (E) not less than 240 days and a fine of not less than $6,000 if 05 the person has been previously convicted four times and is not subject to 06 punishment under (n) of this section; 07 (F) not less than 360 days and a fine of not less than $7,000 if 08 the person has been previously convicted more than four times and is not 09 subject to punishment under (n) of this section; 10 (2) the court may not 11 (A) suspend execution of sentence or grant probation except on 12 condition that the person serve the minimum imprisonment under (1) of this 13 subsection; 14 (B) suspend imposition of sentence; 15 (3) the court shall revoke the person's driver's license, privilege to 16 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 17 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 18 forfeited under AS 28.35.036; and 19 (4) the court may order that the person, while incarcerated or as a 20 condition of probation or parole, take a drug or combination of drugs intended to 21 prevent the consumption of an alcoholic beverage; a condition of probation or parole 22 imposed under this paragraph is in addition to any other condition authorized under 23 another provision of law. 24 * Sec. 2. AS 28.35.030(n) is amended to read: 25 (n) Except as otherwise provided in this section, a [A] person is guilty of a 26 class C felony if the person is convicted under (a) of this section and has been 27 previously convicted two or more times since January 1, 1996, and within the 10 years 28 preceding the date of the present offense. For purposes of determining minimum 29 sentences based on previous convictions, the provisions of (r)(4) of this section apply. 30 Subject to (s) of this section, upon [UPON] conviction, the court 31 (1) shall impose a fine of not less than $10,000 and a minimum
01 sentence of imprisonment of not less than 02 (A) 120 days if the person has been previously convicted twice; 03 (B) 240 days if the person has been previously convicted three 04 times; 05 (C) 360 days if the person has been previously convicted four 06 or more times; 07 (2) may not 08 (A) suspend execution of sentence or grant probation except on 09 condition that the person serve the minimum imprisonment under (1) of this 10 subsection; or 11 (B) suspend imposition of sentence; 12 (3) shall permanently revoke the person's driver's license, privilege to 13 drive, or privilege to obtain a license subject to restoration of the license under (o) of 14 this section; 15 (4) may order that the person, while incarcerated or as a condition of 16 probation or parole, take a drug or combination of drugs, intended to prevent the 17 consumption of an alcoholic beverage; a condition of probation or parole imposed 18 under this paragraph is in addition to any other condition authorized under another 19 provision of law; 20 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 21 or aircraft used in the commission of the offense, subject to remission under 22 AS 28.35.037; and 23 (6) shall order the department to revoke the registration for any vehicle 24 registered by the department in the name of the person convicted under this 25 subsection; if a person convicted under this subsection is a registered co-owner of a 26 vehicle or is registered as a co-owner under a business name, the department shall 27 reissue the vehicle registration and omit the name of the person convicted under this 28 subsection. 29 * Sec. 3. AS 28.35.030 is amended by adding a new subsection to read: 30 (s) If a person is convicted under (a) of this section and it is determined by the 31 trier of fact that, while the alleged offense was committed, the person was aware that
01 the person was pregnant or there was a passenger in the vehicle and the person was 02 aware that the passenger was pregnant or was under nine years of age, the court shall 03 double the minimum sentence of imprisonment and the fine imposed under (b)(1) or 04 (n)(1) of this section. A person convicted under (b) of this section is guilty of a class 05 A misdemeanor even though the person is required under this subsection to serve a 06 sentence or pay a fine that exceeds the maximum sentence or fine for a class A 07 misdemeanor. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. This Act applies only to acts committed on or after the effective 11 date of this Act. 12 * Sec. 5. This Act takes effect July 1, 2003.