CSHB 175(JUD): "An Act relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 175(JUD) 01 "An Act relating to an appearance before a judicial officer after arrest; relating to 02 penalties for operating a vehicle without possessing proof of motor vehicle liability 03 insurance or a driver's license; relating to penalties for certain arson offenses; amending 04 Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of 05 Administration; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25.150(a) is amended to read: 08 (a) A person arrested shall be taken before a judge or magistrate without 09 unnecessary delay, and in any event within 48 [24] hours after arrest, including 10 Sundays and holidays. This requirement applies to municipal police officers to the 11 same extent as it does to state troopers. 12 * Sec. 2. AS 12.70.130 is amended to read: 13 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be
01 lawfully made by a peace officer or a private person without a warrant upon 02 reasonable information that the accused stands charged in the courts of another state 03 with a crime punishable by death or imprisonment for a term exceeding one year, but 04 when arrested the accused must be taken before a judge or magistrate without 05 unnecessary delay and, in any event, within 48 [24] hours after arrest, including 06 Sundays and holidays, and complaint shall be made against the accused under oath 07 setting out the ground for the arrest as in AS 12.70.120. Thereafter the answer of the 08 accused shall be heard as if the accused had been arrested on a warrant. 09 * Sec. 3. AS 28.15.131 is amended by adding a new subsection to read: 10 (b) Violation of this section is an infraction. 11 * Sec. 4. AS 28.22.019(c) is amended to read: 12 (c) A person convicted under this section is guilty of an infraction [A CLASS 13 B MISDEMEANOR] and shall be sentenced to pay a mandatory fine of $500 14 [MAY BE PUNISHED AS PROVIDED IN AS 12.55, EXCEPT THAT A FINE OF 15 AT LEAST $500 MUST BE IMPOSED]. 16 * Sec. 5. AS 41.23.220 is amended to read: 17 Sec. 41.23.220. Penalty. (a) Except for conduct that is a violation of 18 AS 11.46.420, a [A] person who violates a provision of AS 41.23.180 - 41.23.230 or a 19 regulation adopted under AS 41.23.180 - 41.23.230 is guilty of a violation as defined 20 in AS 11.81.900. 21 (b) Except for conduct that is a violation of AS 11.46.420, the [THE] 22 supreme court shall establish by order or rule a schedule of bail amounts for violations 23 under (a) of this section that allow the disposition of a citation without a court 24 appearance. 25 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 28 Criminal Procedure, is amended to read: 29 (1) Except when the person arrested is issued a citation for a 30 misdemeanor or a violation and immediately thereafter released, the arrested person 31 shall be taken before the nearest available judge or magistrate without unnecessary
01 delay and in any event within forty-eight hours after arrest, including Sundays 02 and holidays. This appearance may be accomplished by the use of telephonic or 03 television equipment pursuant to Criminal Rules 38.1 and 38.2. [NECESSARY 04 DELAY WITHIN THE MEANING OF THIS PARAGRAPH (a) IS DEFINED AS A 05 PERIOD NOT TO EXCEED FORTY-EIGHT HOURS AFTER ARREST, 06 INCLUDING SUNDAYS AND HOLIDAYS.] 07 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 INDIRECT COURT RULE AMENDMENT. The amendments to AS 41.23.220, made 10 in sec. 5 of this Act, have the effect of changing Rule 43.10, Alaska Rules of Administration, 11 by prohibiting the disposition of a violation of AS 11.46.420 without court appearance and 12 forfeiture of bail amounts. 13 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. (a) Sections 1 - 4 of this Act apply to arrests for offenses 16 committed before, on, or after the effective date of this Act. 17 (b) Sections 5 - 7 of this Act apply to offenses committed on or after the effective date 18 of this Act. 19 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 22 of it to any person or circumstance, is held invalid, the remainder of this Act and the 23 application to other persons or circumstances is not affected. 24 * Sec. 10. This Act takes effect July 1, 2011.