CSSB 284(FIN): "An Act relating to sentencing for the commission of certain offenses influenced by alcohol and to the offense of consumption of alcohol in violation of sentence."
00 CS FOR SENATE BILL NO. 284(FIN) 01 "An Act relating to sentencing for the commission of certain offenses influenced by 02 alcohol and to the offense of consumption of alcohol in violation of sentence." 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 10 (1) the alcohol was consumed under the direction of, a health care 11 professional as part of medical treatment of the defendant; or 12 (2) the alcohol was consumed as a non-prescription medication in 13 doses and for the purposes recommended by the manufacturer of the medication or as 14 approved by the United States Food and Drug Administration.
01 (c) In this section, "consumption of alcohol" means to ingest, orally or 02 otherwise, alcohol or any substance containing alcohol. 03 (d) Except as provided in (e) of this section, consumption of alcohol in 04 violation of sentence is a class A misdemeanor. 05 (e) Consumption of alcohol in violation of sentence is a class C felony if the 06 defendant has been previously convicted of violating this section. 07 * Sec. 2. AS 12.55.015(a) is amended to read: 08 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 09 sentence on a defendant convicted of an offense, may singly or in combination 10 (1) impose a 11 (A) fine when authorized by law and as provided in 12 AS 12.55.035; or 13 (B) day fine when authorized by law and as provided in 14 AS 12.55.036 if the court does not impose a term of periodic or continuous 15 imprisonment or place the defendant on probation; 16 (2) order the defendant to be placed on probation under conditions 17 specified by the court that may include provision for active supervision; 18 (3) impose a definite term of periodic imprisonment; 19 (4) impose a definite term of continuous imprisonment; 20 (5) order the defendant to make restitution under AS 12.55.045; 21 (6) order the defendant to carry out a continuous or periodic program 22 of community work under AS 12.55.055; 23 (7) suspend execution of all or a portion of the sentence imposed under 24 AS 12.55.080; 25 (8) suspend imposition of sentence under AS 12.55.085; 26 (9) order the forfeiture to the commissioner of public safety or a 27 municipal law enforcement agency of a deadly weapon that was in the actual 28 possession of or used by the defendant during the commission of an offense described 29 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 30 (10) order the defendant, while incarcerated, to participate in or 31 comply with the treatment plan of a rehabilitation program that is related to the
01 defendant's offense or to the defendant's rehabilitation if the program is made available 02 to the defendant by the Department of Corrections; 03 (11) order the forfeiture to the state of a motor vehicle, weapon, 04 electronic communication device, or money or other valuables, used in or obtained 05 through an offense that was committed for the benefit of, at the direction of, or in 06 association with a criminal street gang; 07 (12) order the defendant to have no contact, either directly or 08 indirectly, with a victim or witness of the offense until the defendant is 09 unconditionally discharged; 10 (13) order the defendant to refrain from consuming alcohol, 11 subject to AS 11.56.768, for a period of time up to the lifetime of the defendant, 12 including during the term of any sentence and as a condition of probation, 13 suspended sentence, and suspended imposition of sentence, if 14 (A) the defendant was convicted of a felony under AS 11.41 15 and the court finds by clear and convincing evidence that the defendant's 16 conduct constituting the offense was substantially influenced by the 17 consumption of alcohol; or 18 (B) the court finds by clear and convincing evidence that, 19 based on the defendant's history, there is reason to believe that imposing a 20 requirement that the defendant refrain from consuming alcohol is 21 necessary to protect the public and the defendant was convicted of a 22 violation of AS 28.35.030 or 28.35.032 and the defendant has been 23 previously convicted two or more times or the offense resulted in death or 24 serious physical injury to another person; in this subparagraph, 25 "previously convicted" has the meaning given in AS 28.35.030. 26 * Sec. 3. AS 12.55.015 is amended by adding a new subsection to read: 27 (j) Nothing in (a)(13) of this section limits or restricts the authority of a court 28 to order a person to refrain from the consumption of alcohol as a condition of sentence 29 or probation. 30 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. This Act applies to offenses committed on or after the effective 02 date of this Act. References to previous convictions apply to convictions occurring before, on, 03 or after the effective date of this Act.