SB 235: "An Act relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to furnishing alcohol to a minor and to civil penalties for licensees whose agents or employees furnish alcohol to a minor; relating to manslaughter as a direct result of ingestion of alcoholic beverages brought in violation of a local option prohibition; relating to reports of the court concerning certain alcohol violations by minors; making conforming amendments; and providing for an effective date."
00 SENATE BILL NO. 235 01 "An Act relating to shipping, sending, transporting, or bringing alcohol to a local 02 option area and providing alcohol to others in the local option area, including penalties 03 for violations; relating to furnishing alcohol to a minor and to civil penalties for 04 licensees whose agents or employees furnish alcohol to a minor; relating to 05 manslaughter as a direct result of ingestion of alcoholic beverages brought in violation 06 of a local option prohibition; relating to reports of the court concerning certain alcohol 07 violations by minors; making conforming amendments; and providing for an effective 08 date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 04.11.150(h) is amended to read: 11 (h) A package store licensee, agent, or employee may not 12 (1) divide or combine shipments of alcoholic beverages so as to
01 circumvent the limitation imposed under (g) of this section; [OR] 02 (2) in response to a written order, ship alcohol to a purchaser at an 03 address other than the address where the purchaser resides or, if the purchaser resides 04 in a municipality or established village that has adopted a local option under 05 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site 06 has been designated under AS 04.11.491(f), to an address other than that community 07 delivery site except as provided by AS 04.11.491(f)(1) and (2); or 08 (3) ship alcohol in a plastic container to a person who resides in a 09 municipality or established village that has adopted a local option under 10 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), unless the shipment is to a 11 community delivery site designated under AS 04.11.491(f). 12 * Sec. 2. AS 04.11.370(a) is amended to read: 13 (a) A license or permit shall be suspended or revoked if the board finds 14 (1) misrepresentation of a material fact on an application made under 15 this title or a regulation adopted under this title; 16 (2) continuation of the manufacture, sale, or service of alcoholic 17 beverages by the licensee or permittee would be contrary to the best interests of the 18 public; 19 (3) failure on the part of the licensee to correct a defect that 20 constitutes a violation of this title, a condition or restriction imposed by the board, a 21 regulation adopted under this title, or other laws after receipt of notice issued by the 22 board or its agent; 23 (4) conviction of a licensee of a violation of this title, a regulation 24 adopted under this title, or an ordinance adopted under AS 04.21.010; 25 (5) conviction of an agent or employee of a licensee of a violation of 26 this title, a regulation adopted under this title, or an ordinance adopted under 27 AS 04.21.010, if the licensee is found by the board to have either knowingly allowed 28 the violation or to have recklessly or with criminal negligence failed to act in 29 accordance with the duty prescribed under AS 04.21.030 with the result that the 30 agent or employee violates a law, regulation, or ordinance; 31 (6) failure of the licensee to comply with the public health, fire, or
01 safety laws and regulations in the state; 02 (7) use of the licensed premises as a resort for illegal possessors or 03 users of narcotics, prostitutes, or promoters of prostitution; in addition to any other 04 legally competent evidence, the character of the premises may be proved by the 05 general reputation of the premises in the community as a resort for illegal possessors 06 or users of narcotics, prostitutes, or promoters of prostitution; 07 (8) occurrence of illegal gambling within the limits of the licensed 08 premises; 09 (9) the licensee permitted a public offense involving moral turpitude 10 to occur on the licensed premises; 11 (10) violation by a licensee of this title, a condition or restriction 12 imposed by the board, a regulation adopted under this title, or an ordinance adopted 13 under AS 04.21.010; [OR] 14 (11) violation by an agent or employee of a licensee of a provision of 15 this title, a condition or restriction imposed by the board, a regulation adopted under 16 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the 17 board to have either knowingly allowed the violation or to have recklessly or with 18 criminal negligence failed to act in accordance with the duty prescribed under 19 AS 04.21.030 with the result that the agent or employee violates the law, condition 20 or restriction, regulation, or ordinance; or 21 (12) that an agent or employee of a licensee has been convicted of 22 a violation of AS 04.16.051 occurring on the licensed premises of the licensee, 23 and that the provisions of AS 04.16.180(d) require the suspension of the license. 24 * Sec. 3. AS 04.16.180(c) is amended to read: 25 (c) In (b) of this section, the terms "second conviction" and "third 26 conviction" include only convictions for violations that occur within five years of the 27 first conviction. The terms refer to the cumulative number of convictions of a 28 licensee of any combination of violations of the provisions of this title, regulations 29 adopted under this title, or ordinances adopted under AS 04.21.010. The terms 30 "second conviction" and "third conviction" include a conviction of the agent or 31 employee of a licensee of a violation of a law, regulation, or ordinance if the
01 conviction constitutes a ground for suspension or revocation under 02 AS 04.11.370(a)(5). A conviction occurs on the date that sentence is imposed for 03 the offense. 04 * Sec. 4. AS 04.16.180(d) is amended to read: 05 (d) The provisions of (e) of this section do not affect the authority of the 06 board to suspend or revoke a license under (b) of this section. This section does 07 not affect the authority of the board to suspend or revoke a license when the board 08 determines that continuance of activities under a license would not be in the best 09 interests of the public. 10 * Sec. 5. AS 04.16.180 is amended by adding new subsections to read: 11 (e) If an agent or employee of a licensee is convicted of a violation of 12 AS 04.16.051 occurring on the licensed premises of the licensee, the board shall 13 (1) impose a civil fine of $500 on the licensee for a first conviction of 14 an employee or agent; 15 (2) suspend the license for a period of seven days and impose a civil 16 fine of $1,000 on the licensee if an agent or employee of the licensee has been 17 previously convicted once; 18 (3) suspend the license for a period of 30 days and impose a civil fine 19 of $2,000 on the licensee if an agent or employee of the licensee has been previously 20 convicted two or more times. 21 (f) In (e) of this section, a previous conviction of an agent or employee 22 includes a conviction that occurs within five years of the date of the new offense. 23 Previous convictions include the cumulative number of convictions of all agents or 24 employees of a licensee that are committed on the premises of the licensee. A 25 conviction occurs on the date that sentence is imposed for the offense. A hearing 26 under AS 44.62.330 - 44.62.630 to suspend a license under (e) of this section shall be 27 limited to the following questions: 28 (1) was an agent or employee of the licensee convicted by plea or 29 judicial finding of a violation of AS 04.16.051; 30 (2) did the violation of AS 04.16.051 by the agent or employee of the 31 licensee occur on the licensed premises of the licensee;
01 (3) did the violation of AS 04.16.051 occur within the time required 02 for the applicable suspension of the license. 03 * Sec. 6. AS 04.16.200(e) is amended to read: 04 (e) A person who sends, transports, or brings alcoholic beverages into a 05 municipality or established village in violation of AS 04.11.499(a) is, upon 06 conviction, 07 (1) except as provided in (3) of this subsection, guilty of a class A 08 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 09 of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; [OR] 10 (2) guilty of a class C felony if the quantity of alcoholic beverages is 11 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 12 gallons or more of malt beverages; or 13 (3) guilty of a class C felony if the quantity of alcoholic beverages 14 is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 15 gallons of malt beverages and the person has been previously convicted under 16 this subsection or (b) of this section two or more times within 10 years of the 17 date of the present offense. 18 * Sec. 7. AS 04.16.200 is amended by adding new subsections to read: 19 (f) Upon conviction of a class A misdemeanor under (e)(1) of this section the 20 court 21 (1) shall impose a minimum sentence of imprisonment of 22 (A) not less than 72 consecutive hours and a fine of not less 23 than $1,500 if the person has not been previously convicted; 24 (B) not less than 20 days and a fine of not less than $3,000 if 25 the person has been previously convicted once; 26 (C) not less than 60 days and a fine of not less than $4,000 if 27 the person has been previously convicted twice and is not subject to 28 punishment under (g) of this section; 29 (D) not less than 120 days and a fine of not less than $5,000 if 30 the person has been previously convicted three times and is not subject to 31 punishment under (g) of this section;
01 (E) not less than 240 days and a fine of not less than $6,000 if 02 the person has been previously convicted four times and is not subject to 03 punishment under (g) of this section; 04 (F) not less than 360 days and a fine of not less than $7,000 if 05 the person has been previously convicted more than four times and is not 06 subject to punishment under (g) of this section; 07 (2) may not 08 (A) suspend execution of sentence or grant probation except 09 on the condition that the person 10 (i) serve the minimum imprisonment under (1) of this 11 subsection; and 12 (ii) pay the minimum fine required under (1) of this 13 subsection; or 14 (B) suspend imposition of sentence. 15 (g) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 16 section the court 17 (1) shall impose a fine of not less than $10,000 and a minimum 18 sentence of imprisonment of 19 (A) 120 days if the person has been previously convicted 20 twice; 21 (B) 240 days if the person has been convicted three times; 22 (C) 360 days if the person has been previously convicted four 23 or more times; 24 (2) may not 25 (A) suspend execution of sentence or grant probation except 26 on the condition that the person 27 (i) serve the minimum imprisonment under (1) of this 28 subsection; and 29 (ii) pay the minimum fine required under (1) of this 30 subsection; or 31 (B) suspend imposition of sentence.
01 (h) The court shall consider the date of a previous conviction as occurring on 02 the date that sentence is imposed for the prior offense. 03 * Sec. 8. AS 11.41.120(a) is amended to read: 04 (a) A person commits the crime of manslaughter if the person 05 (1) intentionally, knowingly, or recklessly causes the death of another 06 person under circumstances not amounting to murder in the first or second degree; 07 (2) intentionally aids another person to commit suicide; [OR] 08 (3) knowingly manufactures or delivers a controlled substance in 09 violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA 10 controlled substances, and a person dies as a direct result of ingestion of the 11 controlled substance; the death is a result that does not require a culpable mental 12 state; or 13 (4) violates AS 04.11.010 in an area that the person knows has 14 adopted a local option under AS 04.11.491, and a person dies as a direct result 15 of ingestion of the alcoholic beverage brought in violation of the local option; 16 the death is a result that does not require a culpable mental state [IN THIS 17 PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR INVOLUNTARILY 18 TAKING A SUBSTANCE INTO THE BODY IN ANY MANNER]. 19 * Sec. 9. AS 11.41.120 is amended by adding a new subsection to read: 20 (c) In this section, "ingestion" means voluntarily or involuntarily taking a 21 substance into the body in any manner. 22 * Sec. 10. AS 28.15.191(a) is amended to read: 23 (a) A court that convicts a person of an offense under this title or a regulation 24 adopted under this title, or another law or regulation of this state, or a municipal 25 ordinance that regulates the driving of vehicles, or a violation of AS 04.16.050, shall 26 forward a record of the conviction to the department within five working days. A 27 conviction of a standing or parking offense need not be reported. 28 * Sec. 11. AS 28.35.028(a) is amended to read: 29 (a) Notwithstanding another provision of law, with the consent of the state 30 and the defendant, the court may elect to proceed in a criminal case under 31 AS 04.16.200(b) or (e), AS 28.35.030, or 28.35.032, including the case of a
01 defendant charged with violating the terms of probation, under the procedure 02 provided in this section and order the defendant to complete a court-ordered 03 treatment program. The state may not consent to a referral under this subsection 04 unless the state has consulted with the victim and explained the process and 05 consequences of the referral to the victim. A court may not elect to proceed under 06 this section if the defendant has previously participated in a court-ordered treatment 07 program under this section two or more times. 08 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 APPLICABILITY. (a) Sections 1, 8, and 9 of this Act apply to offenses committed 11 on or after the effective date of this Act. 12 (b) Sections 2, 4, and 5 of this Act apply to offenses committed on or after the 13 effective date of this Act; any references in those sections to prior offenses or convictions 14 include only prior offenses or convictions occurring on or after the effective date of this Act. 15 (c) Section 3 of this Act applies to convictions occurring before, on, or after the 16 effective date of this Act. 17 (d) Sections 6 and 7 of this Act apply to offenses committed on or after the effective 18 date of this Act; any references in those sections to previous convictions include previous 19 convictions occurring before, on, or after the effective date of this Act. 20 (e) Sections 10 and 11 of this Act apply to actions taken by a court on or after the 21 effective date of this Act, regardless of whether the offense occurred before, on, or after the 22 effective date of this Act. 23 * Sec. 13. This Act takes effect on July 1, 2008.