CSHB 19(JUD): "An Act relating to ignition interlock devices; to limited driver's license privileges; and to ignition interlock limited driver's license privileges."
00 CS FOR HOUSE BILL NO. 19(JUD) 01 "An Act relating to ignition interlock devices; to limited driver's license privileges; and 02 to ignition interlock limited driver's license privileges." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.140 is amended to read: 05 Sec. 11.76.140. Avoidance of ignition interlock device. (a) A person 06 commits the crime of avoidance of ignition interlock device if the person [MAY 07 NOT] knowingly circumvents 08 [(1) CIRCUMVENT] or tampers [TAMPER] with an ignition 09 interlock device in a manner intended to allow a person on probation under 10 AS 12.55.102 or who has an ignition interlock limited license to avoid using the 11 device [; OR 12 (2) RENT, LOAN, OR LEASE A MOTOR VEHICLE TO A 13 PERSON ON PROBATION UNDER AS 12.55.102, UNLESS THE VEHICLE IS 14 EQUIPPED WITH AN IGNITION INTERLOCK DEVICE DESCRIBED IN
01 AS 12.55.102]. 02 (b) Avoidance of ignition interlock device is [NOTWITHSTANDING 03 AS 11.81.250, A PERSON CONVICTED OF VIOLATING THIS SECTION IS 04 GUILTY OF] a class A misdemeanor. [THE MAXIMUM TERM OF 05 IMPRISONMENT THAT MAY BE IMPOSED IS 30 DAYS AND THE MAXIMUM 06 FINE THAT MAY BE IMPOSED IS $500.] 07 * Sec. 2. AS 28.15.183(f) is amended to read: 08 (f) A revocation imposed under this section shall be consecutive to a 09 revocation imposed under another provision of law, except that (1) a revocation 10 imposed under this section shall be concurrent with a prior revocation imposed under 11 this section; and (2) a revocation imposed under this section for an offense for which a 12 revocation is required under AS 28.15.185 shall be concurrent with a revocation 13 imposed under AS 28.15.185 that is based on the same incident. [A PERSON 14 WHOSE DRIVER'S LICENSE, PERMIT, OR PRIVILEGE WAS REVOKED FOR A 15 PERIOD OF AT LEAST 60 DAYS UNDER THIS SECTION MAY APPLY FOR 16 LIMITED LICENSE PRIVILEGES UNDER AS 28.15.201(d).] A person whose 17 driver's license, permit, or privilege to drive was revoked for a period of more than 18 one year under this section may apply for reinstatement as provided under (i) of this 19 section. 20 * Sec. 3. AS 28.15.201 is amended by adding a new subsection to read: 21 (f) A court revoking a driver's license, privilege to drive, or privilege to obtain 22 a license under AS 28.15.181(c), or the department when revoking a driver's license, 23 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 24 ignition interlock limited license privileges. Ignition interlock limited license 25 privileges allow the person to operate a vehicle on which an ignition interlock device 26 has been installed and shall be identified on the limited license certificate issued by the 27 court or department to the person. If the ignition interlock device prevents a vehicle 28 from being operated, the person has not violated the requirements of the limited 29 license by attempting to operate the vehicle. The court or department may grant 30 ignition interlock limited license privileges if 31 (1) the revocation was for a conviction under AS 28.35.030, 28.35.032,
01 or a similar municipal ordinance; 02 (2) the person provides proof of installation of the ignition interlock 03 device on every vehicle the person operates; 04 (3) the person signs an affidavit acknowledging that 05 (A) operation by the person of a vehicle that is not equipped 06 with an ignition interlock device is subject to penalties for driving with a 07 revoked license; 08 (B) circumventing or tampering with the ignition interlock 09 device is a class A misdemeanor; and 10 (C) the person is required to maintain the ignition interlock 11 device throughout the period of the limited license, to keep up-to-date records 12 in each vehicle showing that any required service and calibration is current, 13 and to produce those records immediately on request; 14 (4) the person has not previously been convicted of violating the 15 limitations of an ignition interlock limited license. 16 * Sec. 4. AS 28.15.291(b) is amended to read: 17 (b) Upon conviction under (a) of this section, the court 18 (1) shall impose a minimum sentence of imprisonment 19 (A) if the person has not been previously convicted, of not less 20 than 10 days with 10 days suspended, including a mandatory condition of 21 probation that the defendant complete not less than 80 hours of community 22 work service; 23 (B) if the person has been previously convicted, of not less than 24 10 days; 25 (C) if the person's driver's license, privilege to drive, or 26 privilege to obtain a license was revoked under circumstances described in 27 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 28 license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 29 revocation, of not less than 20 days with 10 days suspended, and a fine of not 30 less than $500, including a mandatory condition of probation that the 31 defendant complete not less than 80 hours of community work service;
01 (D) if the person's driver's license, privilege to drive, or 02 privilege to obtain a license was revoked under circumstances described in 03 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 04 limited license issued under AS 28.15.201(f) [AS 28.15.201(d)] following that 05 revocation, of not less than 30 days and a fine of not less than $1,000; 06 (2) may impose additional conditions of probation; 07 (3) may not 08 (A) suspend execution of sentence or grant probation except on 09 condition that the person serve a minimum term of imprisonment and perform 10 required community work service as provided in (1) of this subsection; 11 (B) suspend imposition of sentence; 12 (4) shall revoke the person's license, privilege to drive, or privilege to 13 obtain a license, and the person may not be issued a new license or a limited license 14 nor may the privilege to drive or obtain a license be restored for an additional period 15 of not less than 90 days after the date that the person would have been entitled to 16 restoration of driving privileges; and 17 (5) may order that the motor vehicle that was used in commission of 18 the offense be forfeited under AS 28.35.036. 19 * Sec. 5. AS 28.35.030 is amended by adding a new subsection to read: 20 (u) When a defendant is convicted under this section, the court shall consider 21 the use of an ignition interlock device as provided in AS 12.55.102 and shall make 22 findings concerning the decision. The court shall require the use of an ignition 23 interlock device for the entire period of probation or sentence or a portion thereof, 24 when its use is consistent with the purposes stated in AS 12.55.005 and as needed to 25 protect public safety. 26 * Sec. 6. AS 28.35.032 is amended by adding a new subsection to read: 27 (u) When a defendant is convicted under this section, the court shall consider 28 the use of an ignition interlock device as provided in AS 12.55.102 and shall make 29 findings concerning the decision. The court shall require the use of an ignition 30 interlock device for the entire period of probation or sentence or a portion thereof, 31 when its use is consistent with the purposes stated in AS 12.55.005 and as needed to
01 protect public safety. 02 * Sec. 7. AS 28.15.201(d) and 28.15.201(e) are repealed. 03 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 06 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 07 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 08 license or may receive a limited license as provided in AS 28.15.201 as that section read on 09 the day before the effective date of this Act and is subject to penalties for violating the 10 limitations on that license as provided in AS 28.15.291 as that statute read on the day before 11 the effective date of this Act. 12 * Sec. 9. This Act takes effect January 1, 2008.