CSSB 235(JUD): "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 when a conviction occurs for certain purposes relating to alcoholic beverages; relating to furnishing alcohol to a minor and to civil penalties for licensees whose agents or employees furnish alcohol to a minor; relating to reports of the court concerning certain alcohol violations by minors; and providing for an effective date."
00 CS FOR SENATE BILL NO. 235(JUD) 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 when a conviction occurs for certain purposes relating to 04 alcoholic beverages; relating to furnishing alcohol to a minor and to civil penalties for 05 licensees whose agents or employees furnish alcohol to a minor; relating to reports of 06 the court concerning certain alcohol violations by minors; and providing for an 07 effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.11.150(h) is amended to read: 10 (h) A package store licensee, agent, or employee may not 11 (1) divide or combine shipments of alcoholic beverages so as to 12 circumvent the limitation imposed under (g) of this section; [OR] 13 (2) in response to a written order, ship alcohol to a purchaser at an
01 address other than the address where the purchaser resides or, if the purchaser resides 02 in a municipality or established village that has adopted a local option under 03 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site 04 has been designated under AS 04.11.491(f), to an address other than that community 05 delivery site except as provided by AS 04.11.491(f)(1) and (2); or 06 (3) ship alcohol in a plastic container to a person who resides in a 07 municipality or established village that has adopted a local option under 08 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), unless the shipment is to a 09 community delivery site designated under AS 04.11.491(f). 10 * Sec. 2. AS 04.16.180(c) is amended to read: 11 (c) In this section, the terms "second conviction" and "third conviction" 12 include only convictions for violations that occur within five years of the first 13 conviction. The terms refer to the cumulative number of convictions of a licensee of 14 any combination of violations of the provisions of this title, regulations adopted 15 under this title, or ordinances adopted under AS 04.21.010. The terms "second 16 conviction" and "third conviction" include a conviction of the agent or employee of a 17 licensee of a violation of a law, regulation, or ordinance if the conviction constitutes 18 a ground for suspension or revocation under AS 04.11.370(a)(5). A conviction 19 occurs on the date that sentence is imposed for the offense. 20 * Sec. 3. AS 04.16.180 is amended by adding a new subsection to read: 21 (e) If an agent or employee of a licensee is convicted of a violation of 22 AS 04.16.051 occurring on the licensed premises of the licensee, the board shall 23 impose a civil fine of $1,000 on the licensee for each conviction of an employee or 24 agent. 25 * Sec. 4. AS 04.16.200(e) is amended to read: 26 (e) A person who sends, transports, or brings alcoholic beverages into a 27 municipality or established village in violation of AS 04.11.499(a) is, upon 28 conviction, 29 (1) except as provided in (3) of this subsection, guilty of a class A 30 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 31 of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; [OR]
01 (2) guilty of a class C felony if the quantity of alcoholic beverages is 02 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 03 gallons or more of malt beverages; or 04 (3) guilty of a class C felony if the quantity of alcoholic beverages 05 is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 06 gallons of malt beverages and the person has been previously convicted under 07 this subsection or (b) of this section two or more times within 10 years of the 08 date of the present offense. 09 * Sec. 5. AS 04.16.200 is amended by adding new subsections to read: 10 (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, 11 the court 12 (1) shall impose a minimum sentence of imprisonment of 13 (A) not less than 72 consecutive hours and a fine of not less 14 than $1,500 if the person has not been previously convicted; 15 (B) not less than 20 days and a fine of not less than $3,000 if 16 the person has been previously convicted once; 17 (C) not less than 60 days and a fine of not less than $4,000 if 18 the person has been previously convicted twice and is not subject to 19 punishment under (h) of this section; 20 (D) not less than 120 days and a fine of not less than $5,000 if 21 the person has been previously convicted three times and is not subject to 22 punishment under (h) of this section; 23 (E) not less than 240 days and a fine of not less than $6,000 if 24 the person has been previously convicted four times and is not subject to 25 punishment under (h) of this section; 26 (F) not less than 360 days and a fine of not less than $7,000 if 27 the person has been previously convicted more than four times and is not 28 subject to punishment under (h) of this section; 29 (2) may not 30 (A) suspend execution of sentence or grant probation except 31 on the condition that the person
01 (i) serve the minimum imprisonment under (1) of this 02 subsection; and 03 (ii) pay the minimum fine required under (1) of this 04 subsection; or 05 (B) suspend imposition of sentence. 06 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 07 section, the court 08 (1) shall impose a fine of not less than $10,000 and a minimum 09 sentence of imprisonment of 10 (A) 120 days if the person has been previously convicted 11 once; 12 (B) 240 days if the person has been previously convicted two 13 times; 14 (C) 360 days if the person has been previously convicted 15 three or more times; 16 (2) may not 17 (A) suspend execution of sentence or grant probation except 18 on the 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 (i) In (g) of this section, "previously convicted" means having been 25 convicted, within the 10 years preceding the date of the present offense, of an 26 offense under (b) or (e) of this section or a law or ordinance of another jurisdiction 27 having elements similar to those offenses. 28 (j) In (h) of this section, "previously convicted" means having been 29 convicted, within the 10 years preceding the date of the present offense, of a felony 30 offense under (b) or (e) of this section or a law or ordinance of another jurisdiction 31 having elements similar to those felony offenses.
01 (k) 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. 6. AS 28.15.191(a) is amended to read: 04 (a) A court that convicts a person of an offense under this title or a regulation 05 adopted under this title, [OR] another law or regulation of this state, [OR] a 06 municipal ordinance that regulates the driving of vehicles, or a violation of 07 AS 04.16.050 shall forward a record of the conviction to the department within five 08 working days. A conviction of a standing or parking offense need not be reported. 09 * Sec. 7. AS 28.35.028(a) is amended to read: 10 (a) Notwithstanding another provision of law, with the consent of the state 11 and the defendant, the court may elect to proceed in a criminal case under 12 AS 04.16.200(b) or (e), AS 28.35.030, or 28.35.032, including the case of a 13 defendant charged with violating the terms of probation, under the procedure 14 provided in this section and order the defendant to complete a court-ordered 15 treatment program. The state may not consent to a referral under this subsection 16 unless the state has consulted with the victim and explained the process and 17 consequences of the referral to the victim. A court may not elect to proceed under 18 this section if the defendant has previously participated in a court-ordered treatment 19 program under this section two or more times. 20 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) Section 1 of this Act applies to offenses committed on or after 23 the effective date of this Act. 24 (b) Section 2 of this Act applies to convictions occurring before, on, or after the 25 effective date of this Act. 26 (c) Section 3 of this Act applies to offenses committed on or after the effective date 27 of this Act. 28 (d) Sections 4 and 5 of this Act apply to offenses committed on or after the effective 29 date of this Act. Any references in those sections to previous convictions include previous 30 convictions occurring before, on, or after the effective date of this Act. 31 (e) Sections 6 and 7 of this Act apply to actions taken by a court on or after the
01 effective date of this Act, regardless of whether the offense occurred before, on, or after the 02 effective date of this Act. 03 * Sec. 9. This Act takes effect July 1, 2008.