HB 19: "An Act relating to ignition interlock limited driver's license privileges."
00 HOUSE BILL NO. 19 01 "An Act relating to ignition interlock limited driver's license privileges." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.183(f) is amended to read: 04 (f) A revocation imposed under this section shall be consecutive to a 05 revocation imposed under another provision of law, except that (1) a revocation 06 imposed under this section shall be concurrent with a prior revocation imposed under 07 this section; and (2) a revocation imposed under this section for an offense for which a 08 revocation is required under AS 28.15.185 shall be concurrent with a revocation 09 imposed under AS 28.15.185 that is based on the same incident. [A PERSON 10 WHOSE DRIVER'S LICENSE, PERMIT, OR PRIVILEGE WAS REVOKED FOR A 11 PERIOD OF AT LEAST 60 DAYS UNDER THIS SECTION MAY APPLY FOR 12 LIMITED LICENSE PRIVILEGES UNDER AS 28.15.201(d).] A person whose 13 driver's license, permit, or privilege to drive was revoked for a period of more than 14 one year under this section may apply for reinstatement as provided under (i) of this 15 section.
01 * Sec. 2. AS 28.15.201 is amended by adding a new subsection to read: 02 (f) A person whose driver's license or privilege to drive has been revoked 03 under AS 28.15.165(c) or 28.15.181(c) may apply to the department for ignition 04 interlock limited license privileges. Ignition interlock limited license privileges allow 05 the person to operate a vehicle on which an ignition interlock device has been installed 06 and that is identified on the limited license certificate issued by the department to the 07 person. The department may grant ignition interlock limited license privileges if 08 (1) the revocation was for a conviction under AS 28.35.030 or 09 28.35.032; 10 (2) the person provides proof of installation of the ignition interlock 11 device on every vehicle the person operates; 12 (3) the person signs an affidavit acknowledging that 13 (A) operation by the person of a vehicle that is not equipped 14 with an ignition interlock device is subject to penalties for driving with a 15 revoked license; 16 (B) the person is required to maintain the ignition interlock 17 device throughout the period of the limited license, to keep up-to-date records 18 in each vehicle showing that any required service and calibration is current, 19 and to produce those records immediately on request; 20 (4) the person has not previously been convicted of violating the 21 limitations of an ignition interlock limited license. 22 * Sec. 3. AS 28.15.291(b) is amended to read: 23 (b) Upon conviction under (a) of this section, the court 24 (1) shall impose a minimum sentence of imprisonment 25 (A) if the person has not been previously convicted, of not less 26 than 10 days with 10 days suspended, including a mandatory condition of 27 probation that the defendant complete not less than 80 hours of community 28 work service; 29 (B) if the person has been previously convicted, of not less than 30 10 days; 31 (C) if the person's driver's license, privilege to drive, or
01 privilege to obtain a license was revoked under circumstances described in 02 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 03 license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 04 revocation, of not less than 20 days with 10 days suspended, and a fine of not 05 less than $500, including a mandatory condition of probation that the 06 defendant complete not less than 80 hours of community work service; 07 (D) if the person's driver's license, privilege to drive, or 08 privilege to obtain a license was revoked under circumstances described in 09 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 10 limited license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 11 revocation, of not less than 30 days and a fine of not less than $1,000; 12 (2) may impose additional conditions of probation; 13 (3) may not 14 (A) suspend execution of sentence or grant probation except on 15 condition that the person serve a minimum term of imprisonment and perform 16 required community work service as provided in (1) of this subsection; 17 (B) suspend imposition of sentence; 18 (4) shall revoke the person's license, privilege to drive, or privilege to 19 obtain a license, and the person may not be issued a new license or a limited license 20 nor may the privilege to drive or obtain a license be restored for an additional period 21 of not less than 90 days after the date that the person would have been entitled to 22 restoration of driving privileges; and 23 (5) may order that the motor vehicle that was used in commission of 24 the offense be forfeited under AS 28.35.036. 25 * Sec. 4. AS 28.15.201(d) and 28.15.201(e) are repealed. 26 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 29 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 30 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 31 license or may receive a limited license as provided in AS 28.15.201 as that section read on
01 the day before the effective date of this Act and is subject to penalties for violating the 02 limitations on that license as provided in AS 28.15.291 as that statute read on the day before 03 the effective date of this Act. 04 * Sec. 6. This Act takes effect January 1, 2008.