00                   HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                                 
01 "An Act relating to motor vehicle safety belt violations."                                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 28.05.095(a) is amended to read:                                                                  
04            (a)  Except as provided in (c) of this section, a person                                                 
05                 (1)  16 years of age or older may not occupy a motor vehicle while                                      
06       being driven on a highway unless restrained by a safety belt; and                                             
07                 (2)  may not drive [OPERATE] a motor vehicle on a highway unless                                
08       restrained by a safety belt.                                                                                      
09    * Sec. 2.  AS 28.05.095(c) is amended to read:                                                                     
10            (c)  Subsections (a) and (b) of this section do not apply to                                             
11                 (1)  passengers in a school bus, unless the school bus is required to be                                
12       equipped with seat belts by the United States Department of Transportation, or an                                 
13       emergency vehicle;                                                                                                
14                 (2)  a vehicle operator acting in the course of employment delivering                                   
15       mail or newspapers from inside the vehicle to roadside mail or newspaper boxes;                                   

01                 (3)  a person or class of persons exempted by regulation under                                          
02       AS 28.05.096; [OR]                                                                                                
03                 (4)  a person required to be restrained by safety belts under (a) or (b) of                             
04       this section if the motor vehicle is not equipped with safety belts; or                                       
05                 (5)  operators or passengers of motorcycles, motor-driven cycles,                                   
06       off-highway vehicles, electric personal mobility vehicles, snowmobiles, and                                   
07       similar vehicles not designed to be operated on a highway.                                                    
08    * Sec. 3.  AS 28.05.095(e) is amended to read:                                                                     
09            (e)  Notwithstanding any other provision of law, a peace officer may not stop                                
10       or detain a motor vehicle to determine compliance with (a) of this section, or issue a                            
11       citation for a violation of (a) of this section, unless the peace officer has probable                            
12       cause to stop or detain the motor vehicle [OTHER THAN FOR A VIOLATION OF                                          
13       (a) OF THIS SECTION].                                                                                             
14    * Sec. 4.  AS 28.05.095 is amended by adding a new subsection to read:                                             
15            (f)  In a prosecution under (a) of this section, the prosecution must prove that                             
16       the peace officer stopping or detaining the vehicle personally observed the violation of                          
17       (a) of this section before stopping or detaining the vehicle or otherwise had probable                            
18       cause to stop or detain the vehicle.