SB 116: "An Act relating to service of citations; amending Rule 3(f), Alaska Rules of Minor Offense Procedure; repealing Rule 3(g), Alaska Rules of Minor Offense Procedure; and providing for an effective date."
00 SENATE BILL NO. 116 01 "An Act relating to service of citations; amending Rule 3(f), Alaska Rules of Minor 02 Offense Procedure; repealing Rule 3(g), Alaska Rules of Minor Offense Procedure; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.25.175(a) is amended to read: 06 (a) Notwithstanding any contrary provision of law, a citation issued by a peace 07 officer and by another person who is authorized by law to issue a citation in the state 08 must comply with standards concerning uniform citation format and procedure 09 adopted by the Department of Public Safety. The standards must include 10 (1) a statewide numbering system for citations; 11 (2) a requirement that a citation be made upon oath or affirmation 12 before a person authorized by law to administer oaths or affirmations or signed with a 13 certification under penalty of perjury that the citation is true and was personally served 14 on the person charged or served in a manner permitted under (d) of this section;
01 (3) a requirement that the citation contain information required by 02 AS 12.25.200(b). 03 * Sec. 2. AS 12.25.175 is amended by adding a new subsection to read: 04 (d) The standards adopted by the department under (a) of this section must 05 allow for service of a citation by other than personal service when the citation is for 06 commission of an infraction or a violation for an offense other than an offense under 07 AS 04.16.050 or an offense involving a moving motor vehicle, and the peace officer or 08 other person authorized by law to issue the citation 09 (1) leaves the citation on the vehicle or other personal or real property 10 that was the subject of the infraction or violation; or 11 (2) serves the citation in a manner permitted for service of process 12 under Rule 4, Alaska Rules of Civil Procedure. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Rules of Minor 16 Offense Procedure, is amended to read: 17 (f) Required Statements. The officer must state on the citation that the 18 officer has probable cause to believe the defendant committed the offense but need not 19 state the grounds for the probable cause determination beyond the essential facts. The 20 officer must certify, under penalty of perjury, that the information in the citation is 21 true and that the officer [PERSONALLY] served the citation on the defendant as 22 required by AS 12.25.175 - 12.25.190. 23 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 REPEAL OF COURT RULE. Rule 3(g), Alaska Rules of Minor Offense Procedure, is 26 repealed. 27 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).