HB 283: "An Act relating to the purchasing of and restrictions concerning alcoholic beverages."
00 HOUSE BILL NO. 283 01 "An Act relating to the purchasing of and restrictions concerning alcoholic beverages." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.16.047(a) is amended to read: 04 (a) A person who is restricted from purchasing alcohol under AS 04.16.160 05 may not 06 (1) knowingly enter or remain in premises licensed under this title to 07 obtain or consume alcohol; 08 (2) solicit another to purchase alcoholic beverages for the person; 09 (3) offer or present to a licensee or an agent or employee of the 10 licensee identification that misrepresents that the person is restricted from 11 purchasing alcoholic beverages, for the purpose of inducing the licensee or an 12 agent or employee of the licensee to sell, give, serve, or furnish alcoholic 13 beverages contrary to law. 14 * Sec. 2. AS 04.16.047(b) is amended to read: 15 (b) A licensee may bring a civil action against a person who violates this
01 section if the violation occurs on the premises of that licensee. If judgment is entered 02 in favor of the licensee, the court shall award civil damages in the amount of $2,000 03 [$1,000] and award reasonable costs and reasonable attorney fees allowed under the 04 Alaska Rules of Civil Procedure. 05 * Sec. 3. AS 04.16.047 is amended by adding a new subsection to read: 06 (d) A person may not purchase alcoholic beverages for a person who is 07 restricted from purchasing alcoholic beverages under AS 04.16.160. 08 * Sec. 4. AS 04.16.160(a) is amended to read: 09 (a) Except as otherwise provided by law, a person who is 21 years of age or 10 older may not purchase alcoholic beverages if the person has been ordered to refrain 11 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 12 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 13 municipal ordinance or as a condition of probation or parole from a conviction under 14 AS 28.35.030, 28.35.032, or a similar municipal ordinance. The restriction on 15 purchasing alcoholic beverages applies during the period that the person is required to 16 refrain from consuming alcoholic beverages under the sentence or condition of 17 probation or parole. 18 * Sec. 5. AS 12.55.015(a) is amended to read: 19 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 20 sentence on a defendant convicted of an offense, may singly or in combination 21 (1) impose a 22 (A) fine when authorized by law and as provided in 23 AS 12.55.035; or 24 (B) [REPEALED] 25 (2) order the defendant to be placed on probation under conditions 26 specified by the court that may include provision for active supervision; 27 (3) impose a definite term of periodic imprisonment, but only if an 28 employment obligation of the defendant preexisted sentencing and the defendant 29 receives a composite sentence of not more than two years to serve; 30 (4) impose a definite term of continuous imprisonment; 31 (5) order the defendant to make restitution under AS 12.55.045;
01 (6) order the defendant to carry out a continuous or periodic program 02 of community work under AS 12.55.055; 03 (7) suspend execution of all or a portion of the sentence imposed under 04 AS 12.55.080; 05 (8) suspend imposition of sentence under AS 12.55.085; 06 (9) order the forfeiture to the commissioner of public safety or a 07 municipal law enforcement agency of a deadly weapon that was in the actual 08 possession of or used by the defendant during the commission of an offense described 09 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 10 (10) order the defendant, while incarcerated, to participate in or 11 comply with the treatment plan of a rehabilitation program that is related to the 12 defendant's offense or to the defendant's rehabilitation if the program is made available 13 to the defendant by the Department of Corrections; 14 (11) order the forfeiture to the state of a motor vehicle, weapon, 15 electronic communication device, or money or other valuables, used in or obtained 16 through an offense that was committed for the benefit of, at the direction of, or in 17 association with a criminal street gang; 18 (12) order the defendant to have no contact, either directly or 19 indirectly, with a victim or witness of the offense until the defendant is 20 unconditionally discharged; 21 (13) order the defendant to refrain from consuming alcoholic 22 beverages for a period of time up to the lifetime of the defendant, including 23 during the term of any sentence and as a condition of probation, suspended 24 sentence, and suspended imposition of sentence, if 25 (A) the defendant was convicted of a felony and the court 26 finds by clear and convincing evidence that the defendant's conduct 27 constituting the offense was substantially influenced by the consumption 28 of alcoholic beverages; or 29 (B) the defendant was convicted of a misdemeanor and the 30 defendant has been previously convicted of crimes two or more times and 31 the court finds by clear and convincing evidence that, based on the
01 defendant's history, there is reason to believe that imposing a requirement 02 that the defendant refrain from consuming alcoholic beverages is 03 necessary to protect the public; in this subparagraph, "previously 04 convicted" has the meaning given in AS 28.35.030. 05 * Sec. 6. AS 12.55.015 is amended by adding a new subsection to read: 06 (k) Nothing in (a)(13) of this section limits or restricts the authority of a court 07 to order a person to refrain from the consumption of alcohol as a condition of sentence 08 or probation.