SCS 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 SENATE CS FOR 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 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 28.01.010 is amended by adding a new subsection to read: 17 (j) A court may not enforce a municipal ordinance prescribing a penalty for 18 driving while under the influence of an alcoholic beverage, inhalant, or controlled 19 substance or refusal to submit to a chemical test unless that ordinance imposes ignition 20 interlock device requirements under this title. 21 * Sec. 3. AS 28.15.201(d) is repealed and reenacted to read: 22 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 23 a license under AS 28.15.181(c), or the department when revoking a driver's license, 24 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 25 limited license privileges if 26 (1) the revocation was for a misdemeanor conviction under 27 AS 28.35.030 or a similar municipal ordinance and not for a violation of 28 AS 28.35.032; 29 (2) the person 30 (A) has not been previously convicted and the limited license is 31 not granted during the first 30 days of the period of revocation; or
01 (B) has been previously convicted and the limited license is not 02 granted during the first 90 days of the period of revocation; 03 (3) the court or department requires the person to use an ignition 04 interlock device during the period of the limited license whenever the person operates 05 a motor vehicle in a community not included in the list published by the department 06 under AS 28.22.011(b) and, when applicable, 07 (A) the person provides proof of installation of the ignition 08 interlock device on every vehicle the person operates; 09 (B) the person signs an affidavit acknowledging that 10 (i) operation by the person of a vehicle that is not 11 equipped with an ignition interlock device is subject to penalties for 12 driving with a revoked license; 13 (ii) circumventing or tampering with the ignition 14 interlock device is a class A misdemeanor; and 15 (iii) the person is required to maintain the ignition 16 interlock device throughout the period of the limited license, to keep 17 up-to-date records in each vehicle showing that any required service 18 and calibration is current, and to produce those records immediately on 19 request; 20 (4) the person is enrolled in and is in compliance with or has 21 successfully completed the alcoholism screening, evaluation, referral, and program 22 requirements of the Department of Health and Social Services under AS 28.35.030(h); 23 (5) the person provides proof of insurance as required by AS 28.20.230 24 and 28.20.240; and 25 (6) the person has not previously been convicted of violating the 26 limitations of an ignition interlock limited license or been convicted of violating the 27 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 28 sections. 29 * Sec. 4. AS 28.15.201 is amended by adding a new subsection to read: 30 (f) If a person is required to use an ignition interlock device as a condition of a 31 limited license under this section and the device prevents a vehicle from being
01 operated, the person has not violated the requirements of the limited license by 02 attempting to operate the vehicle. 03 * Sec. 5. AS 28.35.030(b) is amended to read: 04 (b) Except as provided under (n) of this section, driving while under the 05 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 06 misdemeanor. Upon conviction, 07 (1) the court shall impose a minimum sentence of imprisonment of 08 (A) not less than 72 consecutive hours, require the person to 09 use an ignition interlock device after the person regains the privilege, 10 including any limited privilege, to operate a motor vehicle for a minimum 11 of 12 months during the period of probation, and impose a fine of not less 12 than $1,500 if the person has not been previously convicted; 13 (B) not less than 20 days, require the person to use an 14 ignition interlock device after the person regains the privilege, including 15 any limited privilege, to operate a motor vehicle for a minimum of 24 16 months during the period of probation, and impose a fine of not less than 17 $3,000 if the person has been previously convicted once; 18 (C) not less than 60 days, require the person to use an 19 ignition interlock device after the person regains the privilege, including 20 any limited privilege, to operate a motor vehicle for a minimum of 36 21 months during the period of probation, and impose a fine of not less than 22 $4,000 if the person has been previously convicted twice and is not subject to 23 punishment under (n) of this section; 24 (D) not less than 120 days, require the person to use an 25 ignition interlock device after the person regains the privilege, including 26 any limited privilege, to operate a motor vehicle throughout the period of 27 probation, and impose a fine of not less than $5,000 if the person has been 28 previously convicted three times and is not subject to punishment under (n) of 29 this section; 30 (E) not less than 240 days, require the person to use an 31 ignition interlock device after the person regains the privilege, including
01 any limited privilege, to operate a motor vehicle throughout the period of 02 probation, and impose a fine of not less than $6,000 if the person has been 03 previously convicted four times and is not subject to punishment under (n) of 04 this section; 05 (F) not less than 360 days, require the person to use an 06 ignition interlock device after the person regains the privilege, including 07 any limited privilege, to operate a motor vehicle throughout the period of 08 probation, and impose a fine of not less than $7,000 if the person has been 09 previously convicted more than four times and is not subject to punishment 10 under (n) of this section; 11 (2) the court may not 12 (A) suspend execution of sentence or grant probation except on 13 condition that the person 14 (i) serve the minimum imprisonment under (1) of this 15 subsection; and 16 (ii) pay the minimum fine required under (1) of this 17 subsection; 18 (B) suspend imposition of sentence; 19 (3) the court shall revoke the person's driver's license, privilege to 20 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 21 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 22 forfeited under AS 28.35.036; and 23 (4) the court may order that the person, while incarcerated or as a 24 condition of probation or parole, take a drug or combination of drugs intended to 25 prevent the consumption of an alcoholic beverage; a condition of probation or parole 26 imposed under this paragraph is in addition to any other condition authorized under 27 another provision of law. 28 * Sec. 6. AS 28.35.030(n) is amended to read: 29 (n) A person is guilty of a class C felony if the person is convicted under (a) of 30 this section and either has been previously convicted two or more times since 31 January 1, 1996, and within the 10 years preceding the date of the present offense, or
01 punishment under this subsection or under AS 28.35.032(p) was previously imposed 02 within the last 10 years. For purposes of determining minimum sentences based on 03 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction, 04 the court 05 (1) shall impose a fine of not less than $10,000, require the person to 06 use an ignition interlock device after the person regains the privilege to operate a 07 motor vehicle throughout the period of probation, and impose a minimum sentence 08 of imprisonment of not less than 09 (A) 120 days if the person has been previously convicted twice; 10 (B) 240 days if the person has been previously convicted three 11 times; 12 (C) 360 days if the person has been previously convicted four 13 or more times; 14 (2) may not 15 (A) suspend execution of sentence or grant probation except on 16 condition that the person 17 (i) serve the minimum imprisonment under (1) of this 18 subsection; and 19 (ii) pay the minimum fine required under (1) of this 20 subsection; or 21 (B) suspend imposition of sentence; 22 (3) shall permanently revoke the person's driver's license, privilege to 23 drive, or privilege to obtain a license subject to restoration of the license under (o) of 24 this section; 25 (4) may order that the person, while incarcerated or as a condition of 26 probation or parole, take a drug or combination of drugs, intended to prevent the 27 consumption of an alcoholic beverage; a condition of probation or parole imposed 28 under this paragraph is in addition to any other condition authorized under another 29 provision of law; 30 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 31 or aircraft used in the commission of the offense, subject to remission under
01 AS 28.35.037; and 02 (6) shall order the department to revoke the registration for any vehicle 03 registered by the department in the name of the person convicted under this 04 subsection; if a person convicted under this subsection is a registered co-owner of a 05 vehicle or is registered as a co-owner under a business name, the department shall 06 reissue the vehicle registration and omit the name of the person convicted under this 07 subsection. 08 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read: 09 (u) Notwithstanding (b), (n), or (r) of this section, the court shall waive the 10 requirement of the use of an ignition interlock device when a person operates a motor 11 vehicle in a community included on the list published by the department under 12 AS 28.22.011(b). 13 * Sec. 8. AS 28.35.032(g) is amended to read: 14 (g) Upon conviction under this section, 15 (1) the court shall impose a minimum sentence of imprisonment of 16 (A) not less than 72 consecutive hours, require the person to 17 use an ignition interlock device after the person regains the privilege to 18 operate a motor vehicle for a minimum of 12 months during the period of 19 probation, and impose a fine of not less than $1,500 if the person has not been 20 previously convicted; 21 (B) not less than 20 days, require the person to use an 22 ignition interlock device after the person regains the privilege to operate a 23 motor vehicle for a minimum of 24 months during the period of 24 probation, and impose a fine of not less than $3,000 if the person has been 25 previously convicted once; 26 (C) not less than 60 days, require the person to use an 27 ignition interlock device after the person regains the privilege to operate a 28 motor vehicle for a minimum of 36 months during the period of 29 probation, and impose a fine of not less than $4,000 if the person has been 30 previously convicted twice and is not subject to punishment under (p) of this 31 section;
01 (D) not less than 120 days, require the person to use an 02 ignition interlock device after the person regains the privilege to operate a 03 motor vehicle throughout the period of probation, and impose a fine of not 04 less than $5,000 if the person has been previously convicted three times and is 05 not subject to punishment under (p) of this section; 06 (E) not less than 240 days, require the person to use an 07 ignition interlock device after the person regains the privilege to operate a 08 motor vehicle throughout the period of probation, and impose a fine of not 09 less than $6,000 if the person has been previously convicted four times and is 10 not subject to punishment under (p) of this section; 11 (F) not less than 360 days, require the person to use an 12 ignition interlock device after the person regains the privilege to operate a 13 motor vehicle throughout the period of probation, and impose a fine of not 14 less than $7,000 if the person has been previously convicted more than four 15 times and is not subject to punishment under (p) of this section; 16 (2) the court may not 17 (A) suspend execution of the sentence required by (1) of this 18 subsection or grant probation, except on condition that the person 19 (i) serve the minimum imprisonment under (1) of this 20 subsection; and 21 (ii) pay the minimum fine required under (1) of this 22 subsection; or 23 (B) suspend imposition of sentence; 24 (3) the court shall revoke the person's driver's license, privilege to 25 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 26 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 27 forfeited under AS 28.35.036; 28 (4) the court may order that the person, while incarcerated or as a 29 condition of probation or parole, take a drug or combination of drugs intended to 30 prevent the consumption of an alcoholic beverage; a condition of probation or parole 31 imposed under this paragraph is in addition to any other condition authorized under
01 another provision of law; and 02 (5) the sentence imposed by the court under this subsection shall run 03 consecutively with any other sentence of imprisonment imposed on the person. 04 * Sec. 9. AS 28.35.032(p) is amended to read: 05 (p) A person is guilty of a class C felony if the person is convicted under this 06 section and either has been previously convicted two or more times since January 1, 07 1996, and within the 10 years preceding the date of the present offense, or punishment 08 under this subsection or under AS 28.35.030(n) was previously imposed within the 09 last 10 years. For purposes of determining minimum sentences based on previous 10 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction, 11 (1) the court shall impose a fine of not less than $10,000, require the 12 person to use an ignition interlock device after the person regains the privilege to 13 operate a motor vehicle throughout the period of probation, and impose a 14 minimum sentence of imprisonment of not less than 15 (A) 120 days if the person has been previously convicted twice; 16 (B) 240 days if the person has been previously convicted three 17 times; 18 (C) 360 days if the person has been previously convicted four 19 or more times; 20 (2) the court may not 21 (A) suspend execution of the sentence required by (1) of this 22 subsection or grant probation, except on condition that the person 23 (i) serve the minimum imprisonment under (1) of this 24 subsection; and 25 (ii) pay the minimum fine required under (1) of this 26 subsection; or 27 (B) suspend imposition of sentence; 28 (3) the court shall permanently revoke the person's driver's license, 29 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 30 this section; 31 (4) the court may order that the person, while incarcerated or as a
01 condition of probation or parole, take a drug, or combination of drugs, intended to 02 prevent consumption of an alcoholic beverage; a condition of probation or parole 03 imposed under this paragraph is in addition to any other condition authorized under 04 another provision of law; 05 (5) the sentence imposed by the court under this subsection shall run 06 consecutively with any other sentence of imprisonment imposed on the person; 07 (6) the court shall order forfeiture under AS 28.35.036, of the motor 08 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 09 remission under AS 28.35.037; and 10 (7) the court shall order the department to revoke the registration for 11 any vehicle registered by the department in the name of the person convicted under 12 this subsection; if a person convicted under this subsection is a registered co-owner of 13 a vehicle, the department shall reissue the vehicle registration and omit the name of 14 the person convicted under this subsection. 15 * Sec. 10. AS 28.35.032 is amended by adding a new subsection to read: 16 (u) Notwithstanding (g) or (p) of this section, the court shall waive the 17 requirement of the use of an ignition interlock device when a person operates a motor 18 vehicle in a community included on the list published by the department under 19 AS 28.22.011(b). 20 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 23 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 24 eligible to receive a limited license under AS 28.15.201(d), as that subsection read on the day 25 before the effective date of this Act, may continue to use that limited license or may receive a 26 limited license as provided in AS 28.15.201 as that section read on the day before the 27 effective date of this Act and is subject to penalties for violating the limitations on that license 28 as provided in AS 28.15.291 as that statute read on the day before the effective date of this 29 Act. 30 * Sec. 12. This Act takes effect January 1, 2008.