CSSB 284(JUD): "An Act relating to sentencing for the commission of a felony while under the influence of alcohol."
00 CS FOR SENATE BILL NO. 284(JUD) 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 alcohol in violation of sentence. (a) A 06 person commits the crime of consumption of alcohol in violation of sentence if the 07 person knowingly consumes alcohol in violation of an order imposed under 08 AS 12.55.015(a)(13), AS 28.35.030, or 28.35.032. 09 (b) In a prosecution under this section, it is an affirmative defense that the 10 alcohol was provided by, and consumed under the direction of, a health care 11 professional as part of medical treatment of the defendant. 12 (c) Except as provided in (e) of this section, consumption of alcohol in 13 violation of sentence is a class A misdemeanor. 14 (d) In this section, "consumption of alcohol" means to ingest, orally or
01 otherwise, alcohol or any substance containing alcohol, except the use of non- 02 prescription medications in doses and for purposes recommended by the manufacturer 03 or approved by the FDA. 04 (e) Consumption of alcohol is a class C felony if the defendant has been 05 previously convicted of violating this section. 06 * Sec. 2. AS 12.55.015(a) is amended to read: 07 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 08 sentence on a defendant convicted of an offense, may singly or in combination 09 (1) impose a 10 (A) fine when authorized by law and as provided in 11 AS 12.55.035; or 12 (B) day fine when authorized by law and as provided in 13 AS 12.55.036 if the court does not impose a term of periodic or continuous 14 imprisonment or place the defendant on probation; 15 (2) order the defendant to be placed on probation under conditions 16 specified by the court that may include provision for active supervision; 17 (3) impose a definite term of periodic imprisonment; 18 (4) impose a definite term of continuous imprisonment; 19 (5) order the defendant to make restitution under AS 12.55.045; 20 (6) order the defendant to carry out a continuous or periodic program 21 of community work under AS 12.55.055; 22 (7) suspend execution of all or a portion of the sentence imposed under 23 AS 12.55.080; 24 (8) suspend imposition of sentence under AS 12.55.085; 25 (9) order the forfeiture to the commissioner of public safety or a 26 municipal law enforcement agency of a deadly weapon that was in the actual 27 possession of or used by the defendant during the commission of an offense described 28 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 29 (10) order the defendant, while incarcerated, to participate in or 30 comply with the treatment plan of a rehabilitation program that is related to the 31 defendant's offense or to the defendant's rehabilitation if the program is made available
01 to the defendant by the Department of Corrections; 02 (11) order the forfeiture to the state of a motor vehicle, weapon, 03 electronic communication device, or money or other valuables, used in or obtained 04 through an offense that was committed for the benefit of, at the direction of, or in 05 association with a criminal street gang; 06 (12) order the defendant to have no contact, either directly or 07 indirectly, with a victim or witness of the offense until the defendant is 08 unconditionally discharged; 09 (13) if the court finds by clear and convincing evidence that the 10 defendant's conduct constituting the offense was substantially influenced by the 11 consumption of alcohol, order the defendant convicted of a felony under AS 11.41 12 to refrain from consuming alcohol, subject to AS 11.56.768, up to the lifetime of 13 the defendant, including during the term of any sentence, and as a condition of 14 probation, suspended sentence, and suspended imposition of sentence. 15 * Sec. 3. AS 28.35.030(b) is amended to read: 16 (b) Except as provided under (n) of this section, driving while under the 17 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 18 misdemeanor. Except as provided under (p) of this section, upon conviction, 19 (1) the court shall impose a minimum sentence of imprisonment of 20 (A) not less than 72 consecutive hours and a fine of not less 21 than $1,500 if the person has not been previously convicted; 22 (B) not less than 20 days and a fine of not less than $3,000 if 23 the person has been previously convicted once; 24 (C) not less than 60 days and a fine of not less than $4,000 if 25 the person has been previously convicted twice and is not subject to 26 punishment under (n) of this section; 27 (D) not less than 120 days and a fine of not less than $5,000 if 28 the person has been previously convicted three times and is not subject to 29 punishment under (n) of this section; 30 (E) not less than 240 days and a fine of not less than $6,000 if 31 the person has been previously convicted four times and is not subject to
01 punishment under (n) of this section; 02 (F) not less than 360 days and a fine of not less than $7,000 if 03 the person has been previously convicted more than four times and is not 04 subject to punishment under (n) of this section; 05 (2) the court may not 06 (A) suspend execution of sentence or grant probation except on 07 condition that the person 08 (i) serve the minimum imprisonment under (1) of this 09 subsection; and 10 (ii) pay the minimum fine required under (1) of this 11 subsection; 12 (B) suspend imposition of sentence; 13 (3) the court shall revoke the person's driver's license, privilege to 14 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 15 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 16 forfeited under AS 28.35.036; [AND] 17 (4) the court may order that the person, while incarcerated or as a 18 condition of probation or parole, take a drug or combination of drugs intended to 19 prevent the consumption of an alcoholic beverage; a condition of probation or parole 20 imposed under this paragraph is in addition to any other condition authorized under 21 another provision of law; and 22 (5) if the court finds by clear and convincing evidence that the 23 defendant's conduct constituting the offense was substantially influenced by the 24 consumption of alcohol, the court may order the defendant previously convicted 25 two or more times or whose offense resulted in death or serious physical injury to 26 another person to refrain from consuming alcohol, subject to AS 11.56.768, for a 27 period of time up to the lifetime of the defendant, including during the term of 28 any sentence, and as a condition of probation and suspended sentence. 29 * Sec. 4. AS 28.35.030(n) is amended to read: 30 (n) A person is guilty of a class C felony if the person is convicted under (a) of 31 this section and either has been previously convicted two or more times since
01 January 1, 1996, and within the 10 years preceding the date of the present offense, or 02 punishment under this subsection or under AS 28.35.032(p) was previously imposed 03 within the last 10 years. For purposes of determining minimum sentences based on 04 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction, 05 the court 06 (1) shall impose a fine of not less than $10,000 and a minimum 07 sentence of imprisonment of not less than 08 (A) 120 days if the person has been previously convicted twice; 09 (B) 240 days if the person has been previously convicted three 10 times; 11 (C) 360 days if the person has been previously convicted four 12 or more times; 13 (2) may not 14 (A) suspend execution of sentence or grant probation except on 15 condition that the person 16 (i) serve the minimum imprisonment under (1) of this 17 subsection; and 18 (ii) pay the minimum fine required under (1) of this 19 subsection; or 20 (B) suspend imposition of sentence; 21 (3) shall permanently revoke the person's driver's license, privilege to 22 drive, or privilege to obtain a license subject to restoration of the license under (o) of 23 this section; 24 (4) may order that the person, while incarcerated or as a condition of 25 probation or parole, take a drug or combination of drugs, intended to prevent the 26 consumption of an alcoholic beverage; a condition of probation or parole imposed 27 under this paragraph is in addition to any other condition authorized under another 28 provision of law; 29 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 30 or aircraft used in the commission of the offense, subject to remission under 31 AS 28.35.037; [AND]
01 (6) shall order the department to revoke the registration for any vehicle 02 registered by the department in the name of the person convicted under this 03 subsection; if a person convicted under this subsection is a registered co-owner of a 04 vehicle or is registered as a co-owner under a business name, the department shall 05 reissue the vehicle registration and omit the name of the person convicted under this 06 subsection; and 07 (7) if the court finds by clear and convincing evidence that the 08 defendant's conduct constituting the offense was substantially influenced by the 09 consumption of alcohol, may order the defendant to refrain from consuming 10 alcohol, subject to AS 11.56.768, for a period of time up to the lifetime of the 11 defendant, including during the term of any sentence, and as a condition of 12 probation and suspended sentence. 13 * Sec. 5. AS 28.35.032(g) is amended to read: 14 (g) Except as provided under (r) of this section, upon conviction under this 15 section, 16 (1) the court shall impose a minimum sentence of imprisonment of 17 (A) not less than 72 consecutive hours and a fine of not less 18 than $1,500 if the person has not been previously convicted; 19 (B) not less than 20 days and a fine of not less than $3,000 if 20 the person has been previously convicted once; 21 (C) not less than 60 days and a fine of not less than $4,000 if 22 the person has been previously convicted twice and is not subject to 23 punishment under (p) of this section; 24 (D) not less than 120 days and a fine of not less than $5,000 if 25 the person has been previously convicted three times and is not subject to 26 punishment under (p) of this section; 27 (E) not less than 240 days and a fine of not less than $6,000 if 28 the person has been previously convicted four times and is not subject to 29 punishment under (p) of this section; 30 (F) not less than 360 days and a fine of not less than $7,000 if 31 the person has been previously convicted more than four times and is not
01 subject to punishment under (p) of this section; 02 (2) the court may not 03 (A) suspend execution of the sentence required by (1) of this 04 subsection or grant probation, except on condition that the person 05 (i) serve the minimum imprisonment under (1) of this 06 subsection; and 07 (ii) pay the minimum fine required under (1) of this 08 subsection; or 09 (B) suspend imposition of sentence; 10 (3) the court shall revoke the person's driver's license, privilege to 11 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 12 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 13 forfeited under AS 28.35.036; 14 (4) the court may order that the person, while incarcerated or as a 15 condition of probation or parole, take a drug or combination of drugs intended to 16 prevent the consumption of an alcoholic beverage; a condition of probation or parole 17 imposed under this paragraph is in addition to any other condition authorized under 18 another provision of law; [AND] 19 (5) the sentence imposed by the court under this subsection shall run 20 consecutively with any other sentence of imprisonment imposed on the person; and 21 (6) if the court finds by clear and convincing evidence that the 22 defendant's conduct constituting the offense was substantially influenced by the 23 consumption of alcohol, the court may order the defendant previously convicted 24 two or more times or whose offense resulted in death or serious physical injury to 25 another person to refrain from consuming alcohol, subject to AS 11.56.768, for a 26 period of time up to the lifetime of the defendant, including during the term of 27 any sentence, and as a condition of probation and suspended sentence. 28 * Sec. 6. AS 28.35.032(p) is amended to read: 29 (p) A person is guilty of a class C felony if the person is convicted under this 30 section and either has been previously convicted two or more times since January 1, 31 1996, and within the 10 years preceding the date of the present offense, or punishment
01 under this subsection or under AS 28.35.030(n) was previously imposed within the 02 last 10 years. For purposes of determining minimum sentences based on previous 03 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction, 04 (1) the court shall impose a fine of not less than $10,000 and a 05 minimum sentence of imprisonment of not less than 06 (A) 120 days if the person has been previously convicted twice; 07 (B) 240 days if the person has been previously convicted three 08 times; 09 (C) 360 days if the person has been previously convicted four 10 or more times; 11 (2) the court may not 12 (A) suspend execution of the sentence required by (1) of this 13 subsection or grant probation, except on condition that the person 14 (i) serve the minimum imprisonment under (1) of this 15 subsection; and 16 (ii) pay the minimum fine required under (1) of this 17 subsection; or 18 (B) suspend imposition of sentence; 19 (3) the court shall permanently revoke the person's driver's license, 20 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 21 this section; 22 (4) the court may order that the person, while incarcerated or as a 23 condition of probation or parole, take a drug, or combination of drugs, intended to 24 prevent consumption of an alcoholic beverage; a condition of probation or parole 25 imposed under this paragraph is in addition to any other condition authorized under 26 another provision of law; 27 (5) the sentence imposed by the court under this subsection shall run 28 consecutively with any other sentence of imprisonment imposed on the person; 29 (6) the court shall order forfeiture under AS 28.35.036, of the motor 30 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 31 remission under AS 28.35.037; [AND]
01 (7) the court shall order the department to revoke the registration for 02 any vehicle registered by the department in the name of the person convicted under 03 this subsection; if a person convicted under this subsection is a registered co-owner of 04 a vehicle, the department shall reissue the vehicle registration and omit the name of 05 the person convicted under this subsection; and 06 (8) if the court finds by clear and convincing evidence that the 07 defendant's conduct constituting the offense was substantially influenced by the 08 consumption of alcohol, the court may order the defendant to refrain from 09 consuming alcohol, subject to AS 11.56.768, for a period of time up to the lifetime 10 of the defendant, including during the term of any sentence, and as a condition of 11 probation and suspended sentence. 12 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. This Act applies to offenses committed on or after the effective 15 date of this Act. References to previous convictions apply to convictions occurring before, on, 16 or after the effective date of this Act.