CSSB 239(JUD): "An Act relating to ignition interlock devices, to refusal to submit to a chemical test, and to driving while under the influence."
00 CS FOR SENATE BILL NO. 239(JUD) 01 "An Act relating to ignition interlock devices, to refusal to submit to a chemical test, and 02 to driving while under the influence." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.140(a) is amended to read: 05 (a) A person commits the crime of avoidance of ignition interlock device if the 06 person knowingly 07 (1) circumvents or tampers with an ignition interlock device in a 08 manner intended to allow a person on probation under AS 12.55.102, with a condition 09 of sentence under AS 12.55.102 or another section, or who has an ignition interlock 10 limited license to avoid using the device; 11 (2) rents a motor vehicle to a person and with criminal negligence 12 disregards the fact that the person is on probation under AS 12.55.102, has a condition 13 of sentence under AS 12.55.102 or another section, or has an ignition interlock 14 limited license, unless the vehicle is equipped with an ignition interlock device
01 described in AS 12.55.102; or 02 (3) loans a motor vehicle to a person and knowingly disregards the fact 03 that the person is on probation under AS 12.55.102, has a condition of sentence under 04 AS 12.55.102 or another section, or has an ignition interlock limited license, unless 05 the vehicle is equipped with an ignition interlock device described in AS 12.55.102. 06 * Sec. 2. AS 28.35.030(b) is amended to read: 07 (b) Except as provided under (n) of this section, driving while under the 08 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 09 misdemeanor. Upon conviction, 10 (1) the court shall impose a minimum sentence of imprisonment of 11 (A) not less than 72 consecutive hours, require the person to 12 use an ignition interlock device after the person regains the privilege, including 13 any limited privilege, to operate a motor vehicle for a minimum of six [12] 14 months [DURING THE PERIOD OF PROBATION], and impose a fine of not 15 less than $1,500 if the person has not been previously convicted; 16 (B) not less than 20 days, require the person to use an ignition 17 interlock device after the person regains the privilege, including any limited 18 privilege, to operate a motor vehicle for a minimum of 12 [24] months 19 [DURING THE PERIOD OF PROBATION], and impose a fine of not less 20 than $3,000 if the person has been previously convicted once; 21 (C) not less than 60 days, require the person to use an ignition 22 interlock device after the person regains the privilege, including any limited 23 privilege, to operate a motor vehicle for a minimum of 18 [36] months 24 [DURING THE PERIOD OF PROBATION], and impose a fine of not less 25 than $4,000 if the person has been previously convicted twice and is not 26 subject to punishment under (n) of this section; 27 (D) not less than 120 days, require the person to use an ignition 28 interlock device after the person regains the privilege, including any limited 29 privilege, to operate a motor vehicle for a minimum of 24 months 30 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 31 less than $5,000 if the person has been previously convicted three times and is
01 not subject to punishment under (n) of this section; 02 (E) not less than 240 days, require the person to use an ignition 03 interlock device after the person regains the privilege, including any limited 04 privilege, to operate a motor vehicle for a minimum of 30 months 05 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 06 less than $6,000 if the person has been previously convicted four times and is 07 not subject to punishment under (n) of this section; 08 (F) not less than 360 days, require the person to use an ignition 09 interlock device after the person regains the privilege, including any limited 10 privilege, to operate a motor vehicle for a minimum of 36 months 11 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 12 less than $7,000 if the person has been previously convicted more than four 13 times and is not subject to punishment under (n) of this section; 14 (2) the court 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; 21 (B) suspend imposition of sentence; or 22 (C) suspend the requirement for an ignition interlock 23 device; 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; and 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. 02 * Sec. 3. AS 28.35.030(g) is amended to read: 03 (g) Notwithstanding (b) of this section, [IF THE COURT IMPOSES 04 PROBATION UNDER AS 12.55.102] the court may reduce the fine required to be 05 imposed under (b) of this section by the cost of the ignition interlock device. 06 * Sec. 4. AS 28.35.030(n) is amended to read: 07 (n) A person is guilty of a class C felony if the person is convicted under (a) of 08 this section and either has been previously convicted two or more times since 09 January 1, 1996, and within the 10 years preceding the date of the present offense, or 10 punishment under this subsection or under AS 28.35.032(p) was previously imposed 11 within the last 10 years. For purposes of determining minimum sentences based on 12 previous convictions, the provisions of (u)(4) of this section apply. Upon conviction, 13 the court 14 (1) shall impose a fine of not less than $10,000, require the person to 15 use an ignition interlock device after the person regains the privilege to operate a 16 motor vehicle for a minimum of 60 months [THROUGHOUT THE PERIOD OF 17 PROBATION], and impose a minimum sentence of imprisonment of not less than 18 (A) 120 days if the person has been previously convicted twice; 19 (B) 240 days if the person has been previously convicted three 20 times; 21 (C) 360 days if the person has been previously convicted four 22 or more times; 23 (2) may not 24 (A) suspend execution of sentence or grant probation except on 25 condition that the person 26 (i) serve the minimum imprisonment under (1) of this 27 subsection; [AND] 28 (ii) pay the minimum fine required under (1) of this 29 subsection; [OR] 30 (B) suspend imposition of sentence; or 31 (C) suspend the requirement for an ignition interlock
01 device; 02 (3) shall permanently revoke the person's driver's license, privilege to 03 drive, or privilege to obtain a license subject to restoration of the license under (o) of 04 this section; 05 (4) may order that the person, while incarcerated or as a condition of 06 probation or parole, take a drug or combination of drugs, intended to prevent the 07 consumption of an alcoholic beverage; a condition of probation or parole imposed 08 under this paragraph is in addition to any other condition authorized under another 09 provision of law; 10 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 11 or aircraft used in the commission of the offense, subject to remission under 12 AS 28.35.037; and 13 (6) shall order the department to revoke the registration for any vehicle 14 registered by the department in the name of the person convicted under this 15 subsection; if a person convicted under this subsection is a registered co-owner of a 16 vehicle or is registered as a co-owner under a business name, the department shall 17 reissue the vehicle registration and omit the name of the person convicted under this 18 subsection. 19 * Sec. 5. AS 28.35.030(t) is amended to read: 20 (t) Notwithstanding (b) or [,] (n) [, OR (r)] of this section, the court shall 21 waive the requirement of the use of an ignition interlock device when a person 22 operates a motor vehicle in a community included on the list published by the 23 department under AS 28.22.011(b). 24 * Sec. 6. AS 28.35.032(g) is amended to read: 25 (g) Upon conviction under this section, 26 (1) the court shall impose a minimum sentence of imprisonment of 27 (A) not less than 72 consecutive hours, require the person to 28 use an ignition interlock device after the person regains the privilege to operate 29 a motor vehicle for a minimum of six [12] months [DURING THE PERIOD 30 OF PROBATION], and impose a fine of not less than $1,500 if the person has 31 not been previously convicted;
01 (B) not less than 20 days, require the person to use an ignition 02 interlock device after the person regains the privilege to operate a motor 03 vehicle for a minimum of 12 [24] months [DURING THE PERIOD OF 04 PROBATION], and impose a fine of not less than $3,000 if the person has 05 been previously convicted once; 06 (C) not less than 60 days, require the person to use an ignition 07 interlock device after the person regains the privilege to operate a motor 08 vehicle for a minimum of 18 [36] months [DURING THE PERIOD OF 09 PROBATION], and impose a fine of not less than $4,000 if the person has 10 been previously convicted twice and is not subject to punishment under (p) of 11 this section; 12 (D) not less than 120 days, require the person to use an ignition 13 interlock device after the person regains the privilege to operate a motor 14 vehicle for a minimum of 24 months [THROUGHOUT THE PERIOD OF 15 PROBATION], and impose a fine of not less than $5,000 if the person has 16 been previously convicted three times and is not subject to punishment under 17 (p) of this section; 18 (E) not less than 240 days, require the person to use an ignition 19 interlock device after the person regains the privilege to operate a motor 20 vehicle for a minimum of 30 months [THROUGHOUT THE PERIOD OF 21 PROBATION], and impose a fine of not less than $6,000 if the person has 22 been previously convicted four times and is not subject to punishment under 23 (p) of this section; 24 (F) not less than 360 days, require the person to use an ignition 25 interlock device after the person regains the privilege to operate a motor 26 vehicle for a minimum of 36 months [THROUGHOUT THE PERIOD OF 27 PROBATION], and impose a fine of not less than $7,000 if the person has 28 been previously convicted more than four times and is not subject to 29 punishment under (p) of this section; 30 (2) the court may not 31 (A) suspend execution of the sentence required by (1) of this
01 subsection or grant probation, except on condition that the person 02 (i) serve the minimum imprisonment under (1) of this 03 subsection; [AND] 04 (ii) pay the minimum fine required under (1) of this 05 subsection; [OR] 06 (B) suspend imposition of sentence; or 07 (C) suspend the requirement for an ignition interlock 08 device; 09 (3) the court shall revoke the person's driver's license, privilege to 10 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 11 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 12 forfeited under AS 28.35.036; 13 (4) the court may order that the person, while incarcerated or as a 14 condition of probation or parole, take a drug or combination of drugs intended to 15 prevent the consumption of an alcoholic beverage; a condition of probation or parole 16 imposed under this paragraph is in addition to any other condition authorized under 17 another provision of law; and 18 (5) the sentence imposed by the court under this subsection shall run 19 consecutively with any other sentence of imprisonment imposed on the person. 20 * Sec. 7. AS 28.35.032(k) is amended to read: 21 (k) Notwithstanding (g) of this section, [IF THE COURT IMPOSES 22 PROBATION UNDER AS 12.55.102] the court may reduce the fine required to be 23 imposed under (g) of this section by the cost of the ignition interlock device. 24 * Sec. 8. AS 28.35.032(p) is amended to read: 25 (p) A person is guilty of a class C felony if the person is convicted under this 26 section and either has been previously convicted two or more times since January 1, 27 1996, and within the 10 years preceding the date of the present offense, or punishment 28 under this subsection or under AS 28.35.030(n) was previously imposed within the 29 last 10 years. For purposes of determining minimum sentences based on previous 30 convictions, the provisions of AS 28.35.030(u)(4) apply. Upon conviction, 31 (1) the court shall impose a fine of not less than $10,000, require the
01 person to use an ignition interlock device after the person regains the privilege to 02 operate a motor vehicle for a minimum of 60 months [THROUGHOUT THE 03 PERIOD OF PROBATION], and impose a minimum sentence of imprisonment of not 04 less than 05 (A) 120 days if the person has been previously convicted twice; 06 (B) 240 days if the person has been previously convicted three 07 times; 08 (C) 360 days if the person has been previously convicted four 09 or more times; 10 (2) the court may not 11 (A) suspend execution of the sentence required by (1) of this 12 subsection or grant probation, except on condition that the person 13 (i) serve the minimum imprisonment under (1) of this 14 subsection; [AND] 15 (ii) pay the minimum fine required under (1) of this 16 subsection; [OR] 17 (B) suspend imposition of sentence; or 18 (C) suspend the requirements for an ignition interlock 19 device; 20 (3) the court shall permanently revoke the person's driver's license, 21 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 22 this section; 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 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 (5) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person; 30 (6) the court shall order forfeiture under AS 28.35.036, of the motor 31 vehicle, aircraft, or watercraft used in the commission of the offense, subject to
01 remission under AS 28.35.037; and 02 (7) the court shall order the department to revoke the registration for 03 any vehicle registered by the department in the name of the person convicted under 04 this subsection; if a person convicted under this subsection is a registered co-owner of 05 a vehicle, the department shall reissue the vehicle registration and omit the name of 06 the person convicted under this subsection. 07 * Sec. 9. AS 12.55.102(e)(2) and AS 28.35.030(r) are repealed.