CSHB 19(FIN): "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(FIN) 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 08 (1) circumvents [CIRCUMVENT] or tampers [TAMPER] with an 09 ignition interlock device in a manner intended to allow a person on probation under 10 AS 12.55.102, with a condition of sentence under AS 12.55.102, or who has an 11 ignition interlock limited license to avoid using the device; [OR] 12 (2) rents [RENT, LOAN, OR LEASE] a motor vehicle to a person 13 and with criminal negligence disregards the fact that the person is on probation 14 under AS 12.55.102, has a condition of sentence under AS 12.55.102, or has an
01 ignition interlock limited license, unless the vehicle is equipped with an ignition 02 interlock device described in AS 12.55.102; or 03 (3) loans a motor vehicle to a person and knowingly disregards the 04 fact that the person is on probation under AS 12.55.102, has a condition of 05 sentence under AS 12.55.102, or has an ignition interlock limited license, unless 06 the vehicle is equipped with an ignition interlock device described in 07 AS 12.55.102. 08 (b) Avoidance of ignition interlock device 09 (1) under (a)(1) of this section is a class A misdemeanor; 10 (2) under (a)(2) or (3) of this section is [NOTWITHSTANDING 11 AS 11.81.250, A PERSON CONVICTED OF VIOLATING THIS SECTION IS 12 GUILTY OF] a class B misdemeanor and is punishable by a term of imprisonment 13 of not more than [THE MAXIMUM TERM OF IMPRISONMENT THAT MAY BE 14 IMPOSED IS] 30 days and a [THE MAXIMUM] fine of not more than [THAT 15 MAY BE IMPOSED IS] $500. 16 * Sec. 2. AS 28.15.201(d) is amended to read: 17 (d) Notwithstanding (f) of this section, in cases where a person cannot 18 reasonably have an ignition interlock device installed, a person may apply to the 19 [A] court revoking a driver's license, privilege to drive, or privilege to obtain a license 20 under AS 28.15.181(c), [OR THE DEPARTMENT WHEN REVOKING A 21 DRIVER'S LICENSE, PRIVILEGE TO DRIVE, OR PRIVILEGE TO OBTAIN A 22 LICENSE UNDER AS 28.15.165(c),] for limited license privileges, and the court 23 may grant limited license privileges if 24 (1) the revocation was for a misdemeanor conviction under 25 AS 28.35.030(a) or a similar municipal ordinance and not for a violation of 26 AS 28.35.032; 27 (2) the person has 28 (A) not been previously convicted and the limited license is not 29 granted during the first 30 days of the period of revocation; 30 (B) been previously convicted, the limited license is not 31 granted during the first 90 days of the period of revocation, and
01 [(i)] the person has successfully completed a court- 02 ordered treatment program under AS 28.35.028 or former 03 AS 28.35.030(p); [OR 04 (ii) THE COURT OR DEPARTMENT REQUIRES 05 THE PERSON TO USE AN IGNITION INTERLOCK DEVICE 06 DURING THE PERIOD OF THE LIMITED LICENSE;] 07 (3) the court [OR THE DEPARTMENT] determines that 08 (A) the person's ability to earn a livelihood would be severely 09 impaired without a limited license; or 10 (B) the person has successfully completed a court-ordered 11 treatment program described under AS 28.35.028 or former AS 28.35.030(p) 12 and the person's ability to earn a livelihood, attend school, or provide for 13 family health would be severely impaired without a limited license; 14 (4) the court [OR THE DEPARTMENT] determines that a limitation 15 under (a) of this section can be placed on the license that will enable the person to earn 16 a livelihood without excessive danger to the public; 17 (5) the court [OR THE DEPARTMENT] determines that the person is 18 enrolled in and is in compliance with or has successfully completed the alcoholism 19 screening, evaluation, referral, and program requirements of the Department of Health 20 and Social Services under AS 28.35.030(h); and 21 (6) the person has not been previously convicted under 22 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a vehicle, 23 aircraft, or watercraft under a limited license issued under this section. 24 * Sec. 3. AS 28.15.201 is amended by adding a new subsection to read: 25 (f) A court revoking a driver's license, privilege to drive, or privilege to obtain 26 a license under AS 28.15.181(c), or the department when revoking a driver's license, 27 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 28 ignition interlock limited license privileges. Ignition interlock limited license 29 privileges allow the person to operate a vehicle on which an ignition interlock device 30 has been installed and shall be identified on the limited license certificate issued by the 31 court or department to the person. If the ignition interlock device prevents a vehicle
01 from being operated, the person has not violated the requirements of the limited 02 license by attempting to operate the vehicle. The court or department may grant 03 ignition interlock limited license privileges if 04 (1) the revocation was for a misdemeanor conviction under 05 AS 28.35.030 or a similar municipal ordinance and not for a violation of 06 AS 28.35.032; 07 (2) the person 08 (A) has not been previously convicted and the limited license is 09 not granted during the first 30 days of the period of revocation; or 10 (B) has been previously convicted and the limited license is not 11 granted during the first 90 days of the period of revocation; 12 (3) the person provides proof of installation of the ignition interlock 13 device on every vehicle the person operates; 14 (4) the person signs an affidavit acknowledging that 15 (A) operation by the person of a vehicle that is not equipped 16 with an ignition interlock device is subject to penalties for driving with a 17 revoked license; 18 (B) circumventing or tampering with the ignition interlock 19 device is a class A misdemeanor; and 20 (C) 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 (5) the person is enrolled in and is in compliance with or has 25 successfully completed the alcoholism screening, evaluation, referral, and program 26 requirements of the Department of Health and Social Services under AS 28.35.030(h); 27 (6) the person provides proof of insurance as required by AS 28.20.230 28 and 28.20.240; and 29 (7) the person has not previously been convicted of violating the 30 limitations of an ignition interlock limited license. 31 * Sec. 4. AS 28.15.291(b) is amended to read:
01 (b) Upon conviction under (a) of this section, the court 02 (1) shall impose a minimum sentence of imprisonment 03 (A) if the person has not been previously convicted, of not less 04 than 10 days with 10 days suspended, including a mandatory condition of 05 probation that the defendant complete not less than 80 hours of community 06 work service; 07 (B) if the person has been previously convicted, of not less than 08 10 days; 09 (C) if the person's driver's license, privilege to drive, or 10 privilege to obtain a license was revoked under circumstances described in 11 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 12 license issued under AS 28.15.201(d) or (f) following that revocation, of not 13 less than 20 days with 10 days suspended, and a fine of not less than $500, 14 including a mandatory condition of probation that the defendant complete not 15 less than 80 hours of community work service; 16 (D) if the person's driver's license, privilege to drive, or 17 privilege to obtain a license was revoked under circumstances described in 18 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 19 limited license issued under AS 28.15.201(d) or (f) following that revocation, 20 of not less than 30 days and a fine of not less than $1,000; 21 (2) may impose additional conditions of probation; 22 (3) may not 23 (A) suspend execution of sentence or grant probation except on 24 condition that the person serve a minimum term of imprisonment and perform 25 required community work service as provided in (1) of this subsection; 26 (B) suspend imposition of sentence; 27 (4) shall revoke the person's license, privilege to drive, or privilege to 28 obtain a license, and the person may not be issued a new license or a limited license 29 nor may the privilege to drive or obtain a license be restored for an additional period 30 of not less than 90 days after the date that the person would have been entitled to 31 restoration of driving privileges; and
01 (5) may order that the motor vehicle that was used in commission of 02 the offense be forfeited under AS 28.35.036. 03 * Sec. 5. AS 28.35.030 is amended by adding a new subsection to read: 04 (u) When a defendant is convicted under this section, the court shall consider 05 the use of an ignition interlock device as provided in AS 12.55.102 and shall make 06 findings concerning the decision. The court shall require the use of an ignition 07 interlock device for the entire period of probation or sentence or a portion thereof, 08 when its use is consistent with the purposes stated in AS 12.55.005 and as needed to 09 protect public safety. 10 * Sec. 6. AS 28.35.032 is amended by adding a new subsection to read: 11 (u) When a defendant is convicted under this section, the court shall consider 12 the use of an ignition interlock device as provided in AS 12.55.102 and shall make 13 findings concerning the decision. The court shall require the use of an ignition 14 interlock device for the entire period of probation or sentence or a portion thereof, 15 when its use is consistent with the purposes stated in AS 12.55.005 and as needed to 16 protect public safety. 17 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 20 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 21 eligible to receive a limited license under AS 28.15.201(d), as that subsection read on the day 22 before the effective date of this Act, may continue to use that limited license or may receive a 23 limited license as provided in AS 28.15.201 as that section read on the day before the 24 effective date of this Act and is subject to penalties for violating the limitations on that license 25 as provided in AS 28.15.291 as that statute read on the day before the effective date of this 26 Act. 27 * Sec. 8. This Act takes effect January 1, 2008.