CSHB 98(FIN) am: "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 98(FIN) am 01 "An Act relating to minor consuming and repeat minor consuming; relating to penalties 02 for violations of limitations on possessing, sending, shipping, transporting, or bringing 03 alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages 04 to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic 05 beverages in, a local option area; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.16.050(b) is amended to read: 08 (b) A person who violates (a) of this section and who has not been previously 09 convicted or received a suspended imposition of sentence under (1) of this subsection 10 is guilty of minor consuming or in possession or control. Minor consuming or in 11 possession or control is not a misdemeanor. Upon conviction in the district court, 12 the court 13 (1) may grant a suspended imposition of sentence under AS 12.55.085
01 and place the person on probation for up to one year if the person has not been 02 convicted of a violation of this section previously; among the conditions of probation, 03 the court shall, with the consent of a community diversion panel, refer the person to 04 the panel, and require the person to comply with conditions set by the panel, including 05 counseling, education, treatment, community work, and payment of fees; in this 06 paragraph, "community diversion panel" means a youth court or other group selected 07 by the court to serve as a sentencing option for a person convicted under this section; 08 or 09 (2) shall impose a fine of at least $200 but not more than $600, shall 10 require the person to attend alcohol information school if the school is available, and 11 shall place the person on probation for up to one year under (e) of this section; the 12 court may suspend a portion of the fine imposed under this paragraph that exceeds 13 $200 if the person is required to pay for education or treatment required under (e) of 14 this section. 15 * Sec. 2. AS 04.16.050(c) is amended to read: 16 (c) A person is guilty of repeat minor consuming or in possession or control if 17 the person was previously granted a suspended imposition of sentence [PLACED 18 ON PROBATION] under (b)(1) of this section, has a prior conviction under (b)(2) 19 of this section, or has been previously convicted once, and the person violates (a) of 20 this section. Repeat minor consuming or in possession or control is not a 21 misdemeanor. Upon conviction in the district court, the court shall 22 (1) impose a fine of $1,000 and require at least 48 hours of community 23 work; 24 (2) revoke the person's driver's license for three months; 25 (3) take possession of the person's driver's license; and 26 (4) suspend up to $500 of the fine and place the person on probation 27 for up to one year under (e) of this section. 28 * Sec. 3. AS 04.16.050(d) is amended to read: 29 (d) A person is guilty of habitual minor consuming or in possession or control 30 if the person has a prior conviction [WAS PLACED ON PROBATION] under (c) of 31 this section, or has been previously convicted two or more times [TWICE], and the
01 person violates (a) of this section. Habitual minor consuming or in possession or 02 control is a class B misdemeanor. Upon conviction, the court may impose an 03 appropriate period of imprisonment and fine and place the person on probation under 04 (e) of this section for one year, or until the person is 21 years of age, whichever is 05 later, and shall 06 (1) impose at least 96 hours of community work; 07 (2) revoke the person's driver's license for six months; 08 (3) within five working days, notify the agency responsible for the 09 administration of motor vehicle laws of the revocation; and 10 (4) take possession of the person's driver's license. 11 * Sec. 4. AS 04.16.200(h) is amended to read: 12 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 13 section, the court 14 (1) shall impose a fine of not less than $10,000 and a minimum 15 sentence of imprisonment of 16 (A) 120 days if the person has not been previously convicted 17 [ONCE]; 18 (B) 240 days if the person has been previously convicted once 19 [TWO TIMES]; 20 (C) 360 days if the person has been previously convicted two 21 [THREE] or more times; 22 (2) may not 23 (A) suspend execution of sentence or grant probation except on 24 the condition that the person 25 (i) serve the minimum imprisonment under (1) of this 26 subsection; and 27 (ii) pay the minimum fine required under (1) of this 28 subsection; or 29 (B) suspend imposition of sentence. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. AS 04.16.200(h), as amended by sec. 4 of this Act, applies to an 02 offense occurring on or after the effective date of this Act. References to previous convictions 03 in sec. 4 of this Act apply to convictions occurring before, on, or after the effective date of 04 this Act. 05 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).