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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.