SB 284: "An Act relating to sentencing for the commission of a felony while under the influence of alcohol."

00 SENATE BILL NO. 284 01 "An Act relating to sentencing for the commission of a felony while under the influence 02 of alcohol." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56 is amended by adding a new section to read: 05 Sec. 11.56.768. Consumption of alcoholic beverage in violation of 06 sentence. (a) A person commits the crime of consumption of alcoholic beverage in 07 violation of sentence if the person consumes an alcoholic beverage in violation of an 08 order imposed under AS 12.55.015(a)(13). 09 (b) In a prosecution under this section, it is an affirmative defense that the 10 alcoholic beverage was provided by, and consumed under the direction of, a health 11 care professional as part of medical treatment of the defendant. 12 (c) Except as provided in (d) of this section, consumption of alcoholic 13 beverage in violation of sentence is a class A misdemeanor. 14 (d) Consumption of alcoholic beverage is a class C felony if the defendant has

01 been previously convicted of violating this section. 02 * Sec. 2. AS 12.55.015(a) is amended to read: 03 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 04 sentence on a defendant convicted of an offense, may singly or in combination 05 (1) impose a 06 (A) fine when authorized by law and as provided in 07 AS 12.55.035; or 08 (B) day fine when authorized by law and as provided in 09 AS 12.55.036 if the court does not impose a term of periodic or continuous 10 imprisonment or place the defendant on probation; 11 (2) order the defendant to be placed on probation under conditions 12 specified by the court that may include provision for active supervision; 13 (3) impose a definite term of periodic imprisonment; 14 (4) impose a definite term of continuous imprisonment; 15 (5) order the defendant to make restitution under AS 12.55.045; 16 (6) order the defendant to carry out a continuous or periodic program 17 of community work under AS 12.55.055; 18 (7) suspend execution of all or a portion of the sentence imposed under 19 AS 12.55.080; 20 (8) suspend imposition of sentence under AS 12.55.085; 21 (9) order the forfeiture to the commissioner of public safety or a 22 municipal law enforcement agency of a deadly weapon that was in the actual 23 possession of or used by the defendant during the commission of an offense described 24 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 25 (10) order the defendant, while incarcerated, to participate in or 26 comply with the treatment plan of a rehabilitation program that is related to the 27 defendant's offense or to the defendant's rehabilitation if the program is made available 28 to the defendant by the Department of Corrections; 29 (11) order the forfeiture to the state of a motor vehicle, weapon, 30 electronic communication device, or money or other valuables, used in or obtained 31 through an offense that was committed for the benefit of, at the direction of, or in

01 association with a criminal street gang; 02 (12) order the defendant to have no contact, either directly or 03 indirectly, with a victim or witness of the offense until the defendant is 04 unconditionally discharged; 05 (13) if the court finds by clear and convincing evidence that the 06 defendant's conduct constituting the offense was substantially influenced by the 07 consumption of an alcoholic beverage, order the defendant convicted of a felony 08 under AS 11.41 to refrain from consuming alcoholic beverages for the lifetime of 09 the defendant, including during the term of any sentence, and as a condition of 10 probation, suspended sentence, and suspended imposition of sentence. 11 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. This Act applies to offenses committed on or after the effective 14 date of this Act.