CSHB 19(STA): "An Act relating to limited driver's license privileges and ignition interlock limited driver's license privileges."
00 CS FOR HOUSE BILL NO. 19(STA) 01 "An Act relating to limited driver's license privileges and ignition interlock limited 02 driver's license privileges." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.183(f) is amended to read: 05 (f) A revocation imposed under this section shall be consecutive to a 06 revocation imposed under another provision of law, except that (1) a revocation 07 imposed under this section shall be concurrent with a prior revocation imposed under 08 this section; and (2) a revocation imposed under this section for an offense for which a 09 revocation is required under AS 28.15.185 shall be concurrent with a revocation 10 imposed under AS 28.15.185 that is based on the same incident. [A PERSON 11 WHOSE DRIVER'S LICENSE, PERMIT, OR PRIVILEGE WAS REVOKED FOR A 12 PERIOD OF AT LEAST 60 DAYS UNDER THIS SECTION MAY APPLY FOR 13 LIMITED LICENSE PRIVILEGES UNDER AS 28.15.201(d).] A person whose 14 driver's license, permit, or privilege to drive was revoked for a period of more than
01 one year under this section may apply for reinstatement as provided under (i) of this 02 section. 03 * Sec. 2. AS 28.15.201 is amended by adding a new subsection to read: 04 (f) A court revoking a driver's license, privilege to drive, or privilege to obtain 05 a license under AS 28.15.181(c), or the department when revoking a driver's license, 06 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 07 ignition interlock limited license privileges. Ignition interlock limited license 08 privileges allow the person to operate a vehicle on which an ignition interlock device 09 has been installed and that is identified on the limited license certificate issued by the 10 court or department to the person. The court or department may grant ignition 11 interlock limited license privileges if 12 (1) the revocation was for a conviction under AS 28.35.030, 28.35.032, 13 or a similar municipal ordinance; 14 (2) the person provides proof of installation of the ignition interlock 15 device on every vehicle the person operates; 16 (3) the person signs an affidavit acknowledging that 17 (A) operation by the person of a vehicle that is not equipped 18 with an ignition interlock device is subject to penalties for driving with a 19 revoked license; 20 (B) the person is required to maintain the ignition interlock 21 device throughout the period of the limited license, to keep up-to-date records 22 in each vehicle showing that any required service and calibration is current, 23 and to produce those records immediately on request; 24 (4) the person has not previously been convicted of violating the 25 limitations of an ignition interlock limited license. 26 * Sec. 3. AS 28.15.291(b) is amended to read: 27 (b) Upon conviction under (a) of this section, the court 28 (1) shall impose a minimum sentence of imprisonment 29 (A) if the person has not been previously convicted, of not less 30 than 10 days with 10 days suspended, including a mandatory condition of 31 probation that the defendant complete not less than 80 hours of community
01 work service; 02 (B) if the person has been previously convicted, of not less than 03 10 days; 04 (C) if the person's driver's license, privilege to drive, or 05 privilege to obtain a license was revoked under circumstances described in 06 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 07 license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 08 revocation, of not less than 20 days with 10 days suspended, and a fine of not 09 less than $500, including a mandatory condition of probation that the 10 defendant complete not less than 80 hours of community work service; 11 (D) if the person's driver's license, privilege to drive, or 12 privilege to obtain a license was revoked under circumstances described in 13 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 14 limited license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 15 revocation, of not less than 30 days and a fine of not less than $1,000; 16 (2) may impose additional conditions of probation; 17 (3) may not 18 (A) suspend execution of sentence or grant probation except on 19 condition that the person serve a minimum term of imprisonment and perform 20 required community work service as provided in (1) of this subsection; 21 (B) suspend imposition of sentence; 22 (4) shall revoke the person's license, privilege to drive, or privilege to 23 obtain a license, and the person may not be issued a new license or a limited license 24 nor may the privilege to drive or obtain a license be restored for an additional period 25 of not less than 90 days after the date that the person would have been entitled to 26 restoration of driving privileges; and 27 (5) may order that the motor vehicle that was used in commission of 28 the offense be forfeited under AS 28.35.036. 29 * Sec. 4. AS 28.35.030 is amended by adding a new subsection to read: 30 (u) In addition to penalties provided in (a) or (n) of this section, the court may 31 place a person convicted under those subsections on probation for a period of not more
01 than five years following a term of imprisonment, including any suspended term of 02 imprisonment. The court may place a limitation on the person's driver's license during 03 the term of the probation as provided in AS 28.15.201(f). 04 * Sec. 5. AS 28.35.032 is amended by adding a new subsection to read: 05 (u) In addition to penalties provided in (a) or (p) of this section, the court may 06 place a person convicted under those subsections on probation for a period of not more 07 than five years following a term of imprisonment, including any suspended term of 08 imprisonment. The court may place a limitation on the person's driver's license during 09 the term of the probation as provided in AS 28.15.201(f). 10 * Sec. 6. AS 28.15.201(d) and 28.15.201(e) are repealed. 11 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 14 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 15 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 16 license or may receive a limited license as provided in AS 28.15.201 as that section read on 17 the day before the effective date of this Act and is subject to penalties for violating the 18 limitations on that license as provided in AS 28.15.291 as that statute read on the day before 19 the effective date of this Act. 20 * Sec. 8. This Act takes effect January 1, 2008.