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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.