CSHB 321(JUD): "An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance and to refusal to submit to a chemical test."
00 CS FOR HOUSE BILL NO. 321(JUD) 01 "An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while 02 under the influence of an alcoholic beverage, inhalant, or controlled substance and to 03 refusal to submit to a chemical test." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.35.030(b) is amended to read: 06 (b) Except as provided under (n) of this section, driving while under the 07 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 08 misdemeanor. Except as provided under (p) of this section, upon conviction [,] 09 (1) under 10 (A) (a)(1) or (2) of this section, when the court finds there 11 was at least 0.08 percent but less than 0.16 percent by weight of alcohol in 12 the person's blood or at least 80 milligrams but less than 160 milligrams of 13 alcohol per 100 milliliters of blood, or if there was at least 0.08 grams but 14 less than 0.16 grams of alcohol per 210 liters of the person's breath, the
01 court shall impose a minimum sentence of imprisonment of 02 (i) [(A)] not less than 72 consecutive hours and a fine of 03 not less than $1,500 if the person has not been previously convicted; 04 (ii) [(B)] not less than 20 days and a fine of not less 05 than $3,000 if the person has been previously convicted once; 06 (iii) [(C)] not less than 60 days and a fine of not less 07 than $4,000 if the person has been previously convicted twice and is 08 not subject to punishment under (n) of this section; 09 (iv) [(D)] not less than 120 days and a fine of not less 10 than $5,000 if the person has been previously convicted three times and 11 is not subject to punishment under (n) of this section; 12 (v) [(E)] not less than 240 days and a fine of not less 13 than $6,000 if the person has been previously convicted four times and 14 is not subject to punishment under (n) of this section; 15 (vi) [(F)] not less than 360 days and a fine of not less 16 than $7,000 if the person has been previously convicted more than four 17 times and is not subject to punishment under (n) of this section; 18 (B) (a)(2) of this section, when the court finds there was 19 0.16 percent or more by weight of alcohol in the person's blood or 160 20 milligrams or more of alcohol per 100 milliliters of blood, or if there was 21 0.16 grams or more of alcohol per 210 liters of the person's breath, the 22 court shall impose a minimum sentence of imprisonment of 23 (i) not less than 144 consecutive hours and a fine of 24 not less than $1,500 if the person has not been previously 25 convicted; 26 (ii) not less than 40 days and a fine of not less than 27 $3,000 if the person has been previously convicted once; 28 (iii) not less than 80 days and a fine of not less than 29 $4,000 if the person has been previously convicted twice and is not 30 subject to punishment under (n) of this section; 31 (iv) not less than 140 days and a fine of not less than
01 $5,000 if the person has been previously convicted three times and 02 is not subject to punishment under (n) of this section; 03 (v) not less than 280 days and a fine of not less than 04 $6,000 if the person has been previously convicted four times and is 05 not subject to punishment under (n) of this section; 06 (vi) not less than 360 days and a fine of not less than 07 $7,000 if the person has been previously convicted more than four 08 times and is not subject to punishment under (n) of this section; 09 (2) the court may not 10 (A) suspend execution of sentence or grant probation except on 11 condition that the person 12 (i) serve the minimum imprisonment under (1) of this 13 subsection; and 14 (ii) pay the minimum fine required under (1) of this 15 subsection; 16 (B) suspend imposition of sentence; 17 (3) the court shall revoke the person's driver's license, privilege to 18 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 19 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 20 forfeited under AS 28.35.036; and 21 (4) the court may order that the person, while incarcerated or as a 22 condition of probation or parole, take a drug or combination of drugs intended to 23 prevent the consumption of an alcoholic beverage; a condition of probation or parole 24 imposed under this paragraph is in addition to any other condition authorized under 25 another provision of law. 26 * Sec. 2. AS 28.35.030(k) is amended to read: 27 (k) Imprisonment required under (b)(1)(A)(i) [(b)(1)(A)] of this section shall 28 be served at a community residential center or, if a community residential center is not 29 available, at another appropriate place determined by the commissioner of corrections. 30 Imprisonment required under (b)(1)(A)(ii) - (vi) or (b)(1)(B) [(b)(1)(B) - (F)] of this 31 section may be served at a community residential center or at a private residence if
01 approved by the commissioner of corrections. Imprisonment served at a private 02 residence must include electronic monitoring. The cost of imprisonment resulting from 03 the sentence imposed under (b)(1) of this section shall be paid to the state by the 04 person being sentenced provided, however, that the cost of imprisonment required to 05 be paid under this subsection may not exceed $4,000 [$2,000]. Upon the person's 06 conviction, the court shall include the costs of imprisonment as a part of the judgment 07 of conviction. Except for reimbursement from a permanent fund dividend as provided 08 in this subsection, payment of the cost of imprisonment is not required if the court 09 determines the person is indigent. For costs of imprisonment that are not paid by the 10 person as required by this subsection, the state shall seek reimbursement from the 11 person's permanent fund dividend as provided under AS 43.23.065. While at the 12 community residential center or other appropriate place, a person sentenced under 13 (b)(1)(A)(i) [(b)(1)(A)] of this section shall perform at least 24 hours of community 14 service work. A person sentenced under (b)(1)(A)(ii) or (b)(1)(B)(i) - (ii) [(b)(1)(B)] 15 of this section shall perform at least 160 hours of community service work, as required 16 by the director of the community residential center or other appropriate place, or as 17 required by the commissioner of corrections if the sentence is being served at a private 18 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 19 staff supervision that is specifically adapted to provide a residence, and includes a 20 correctional center, residential treatment facility, hospital, halfway house, group home, 21 work farm, work camp, or other place that provides varying levels of restriction. 22 * Sec. 3. AS 28.35.030(t)(4) is amended to read: 23 (4) "previously convicted" means having been convicted in this or 24 another jurisdiction within the 15 years preceding the date of the present offense of 25 any of the following offenses; however, convictions for any of these offenses, if 26 arising out of a single transaction and a single arrest, are considered one previous 27 conviction: 28 (A) operating a motor vehicle, aircraft, or watercraft in 29 violation of this section or in violation of another law or ordinance with similar 30 elements, except that the other law or ordinance may provide for a lower level 31 of alcohol in the person's blood or breath than imposed under (a)(2) of this
01 section or required for enhanced punishment under (b)(1)(B) of this 02 section; 03 (B) refusal to submit to a chemical test in violation of 04 AS 28.35.032 or in violation of another law or ordinance with similar 05 elements; or 06 (C) operating a commercial motor vehicle in violation of 07 AS 28.33.030 or in violation of another law or ordinance with similar 08 elements, except that the other law or ordinance may provide for a lower level 09 of alcohol in the person's blood or breath than imposed under 10 AS 28.33.030(a)(2). 11 * Sec. 4. AS 28.35.032(g) is amended to read: 12 (g) Except as provided under (r) of this section, upon conviction under this 13 section, 14 (1) the court shall impose a minimum sentence of imprisonment of 15 (A) not less than 144 [72] consecutive hours and a fine of not 16 less than $1,500 if the person has not been previously convicted; 17 (B) not less than 40 [20] days and a fine of not less than $3,000 18 if the person has been previously convicted once; 19 (C) not less than 80 [60] days and a fine of not less than $4,000 20 if the person has been previously convicted twice and is not subject to 21 punishment under (p) of this section; 22 (D) not less than 140 [120] days and a fine of not less than 23 $5,000 if the person has been previously convicted three times and is not 24 subject to punishment under (p) of this section; 25 (E) not less than 280 [240] days and a fine of not less than 26 $6,000 if the person has been previously convicted four times and is not 27 subject to punishment under (p) of this section; 28 (F) not less than 360 days and a fine of not less than $7,000 if 29 the person has been previously convicted more than four times and is not 30 subject to punishment under (p) of this section; 31 (2) the court may not
01 (A) suspend execution of the sentence required by (1) of this 02 subsection or grant probation, except on condition that the person 03 (i) serve the minimum imprisonment under (1) of this 04 subsection; and 05 (ii) pay the minimum fine required under (1) of this 06 subsection; or 07 (B) suspend imposition of sentence; 08 (3) the court shall revoke the person's driver's license, privilege to 09 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 10 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 11 forfeited under AS 28.35.036; 12 (4) the court may order that the person, while incarcerated or as a 13 condition of probation or parole, take a drug or combination of drugs intended to 14 prevent the consumption of an alcoholic beverage; a condition of probation or parole 15 imposed under this paragraph is in addition to any other condition authorized under 16 another provision of law; and 17 (5) the sentence imposed by the court under this subsection shall run 18 consecutively with any other sentence of imprisonment imposed on the person. 19 * Sec. 5. AS 28.35.032(o) is amended to read: 20 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 21 community residential center, or if a community residential center is not available, at 22 another appropriate place determined by the commissioner of corrections. 23 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 24 community residential center or at a private residence if approved by the 25 commissioner of corrections. Imprisonment served at a private residence must include 26 electronic monitoring. The cost of imprisonment resulting from the sentence imposed 27 under (g)(1) of this section shall be paid to the state by the person being sentenced 28 provided, however, that the cost of imprisonment required to be paid under this 29 subsection may not exceed $4,000 [$2,000]. Upon the person's conviction, the court 30 shall include the costs of imprisonment as a part of the judgment of conviction. Except 31 for reimbursement from a permanent fund dividend as provided in this subsection,
01 payment of the cost of imprisonment is not required if the court determines the person 02 is indigent. For costs of imprisonment that are not paid by the person as required by 03 this subsection, the state shall seek reimbursement from the person's permanent fund 04 dividend as provided under AS 43.23.065. While at the community residential center 05 or other appropriate place, a person sentenced under (g)(1)(A) of this section shall 06 perform at least 24 hours of community service work. A person sentenced under 07 (g)(1)(B) of this section shall perform at least 160 hours of community service work, 08 as required by the director of the community residential center or other appropriate 09 place, or as required by the commissioner of corrections if the sentence is being served 10 at a private residence. In this subsection, "appropriate place" means a facility with 24- 11 hour on-site staff supervision that is specifically adapted to provide a residence, and 12 includes a correctional center, residential treatment facility, hospital, halfway house, 13 group home, work farm, work camp, or other place that provides varying levels of 14 restriction. 15 * Sec. 6. AS 28.35.032(i) is repealed. 16 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECTION TO DEPARTMENTS. If departments of the state undertake public 19 information or relations efforts to inform the public concerning the provisions of 20 AS 28.35.030(b)(1)(B), added by sec. 1 of this Act, the departments may not minimize the 21 illegality or danger of levels of intoxication below these aggravated levels and shall inform 22 the public that lower levels of intoxication are also illegal and dangerous.