CSSB 116(STA): "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 CS FOR SENATE BILL NO. 116(STA) 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 or [AND] by another person who is authorized by law to issue a citation in the 08 state 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, the offense is 08 punishable by a fine of $500 or less, and the peace officer or other person authorized 09 by law to issue the citation 10 (1) leaves the citation in a conspicuous place on the vehicle or other 11 personal or real property that was the subject of the infraction or violation; or 12 (2) serves the citation in a manner permitted for service of process 13 under Rule 4, Alaska Rules of Civil Procedure. 14 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Rules of Minor 17 Offense Procedure, is amended to read: 18 (f) Required Statements. The officer must state on the citation that the 19 officer has probable cause to believe the defendant committed the offense but need not 20 state the grounds for the probable cause determination beyond the essential facts. The 21 officer must certify, under penalty of perjury, that the information in the citation is 22 true and that the officer [PERSONALLY] served the citation on the defendant as 23 required by AS 12.25.175 - 12.25.190. 24 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 REPEAL OF COURT RULE. Rule 3(g), Alaska Rules of Minor Offense Procedure, is 27 repealed. 28 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).