Legislature(1993 - 1994)

1994-05-05 House Journal

Full Journal pdf

1994-05-05                     House Journal                      Page 4035
SB 221                                                                       
The following, which was returned to the Rules Committee from the              
calendar (page 3676), was read the second time:                                
                                                                               
SENATE BILL NO. 221                                                           
"An Act relating to arrest of a person for illegal possession,                
consumption, or control of alcohol; and providing for an effective             
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  3DP 3NR 3AM                                             3045         
	-2 PREVIOUS SEN ZERO FNS (DPS,LAW) 1/26                          3046         
	-2 PREVIOUS SEN ZERO FNS (COURT,DHSS)2/9                         3046         
	-2 PREVIOUS SEN ZERO FNS (ADM) 1/26                              3046         
	JUD RPT  4DP 2NR                                                 3583         
	-4 PREVIOUS SENATE ZERO FISCAL NOTES                             3583         
	(2-ADM, DPS, LAW) 1/26/94                                        3583         
	-2 PREVIOUS SENATE ZERO FISCAL NOTES                             3583         
	(COURT, DHSS) 2/9/94                                             3583         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Nordlund:                        
                                                                               
Page 2, after line 5:                                                          
                                                                               
	Insert new bill sections to read:                                             
                                                                               
   "* Sec. 2.  AS28.35.030(a) is amended to read:                            
(a)  A person commits the crime of driving while intoxicated                  
if the person operates or drives a motor vehicle or operates an                
aircraft or a watercraft                                                       
(1)  while under the influence of intoxicating liquor, or                     
any controlled substance;                                                      

1994-05-05                     House Journal                      Page 4036
SB 221                                                                       
(2)  when, as determined by a chemical test taken within                      
four hours after the alleged offense was committed, there is 0.08          
[0.10] percent or more by weight of alcohol in the person's blood              
or 80 [100] milligrams or more of alcohol per 100 milliliters of           
blood, or when there is 0.08 [0.10] grams or more of alcohol per           
210 liters of the person's breath; or                                          
(3)  while the person is under the combined influence of                      
intoxicating liquor and a controlled substance.                                
   * Sec. 3.  AS 28.35.033(a) is amended to read:                            
	(a)  Upon the trial of a civil or criminal action or proceeding              
arising out of acts alleged to have been committed by a person                 
while operating or driving a motor vehicle or operating an aircraft            
or a watercraft while intoxicated, the amount of alcohol in the               
person's blood or breath at the time alleged shall give rise to the            
following presumptions:                                                        
		(1)  If there was 0.04 [0.05] percent or less by weight of              
alcohol in the person's blood, or 40 [50] milligrams or less of            
alcohol per 100 milliliters of the person's blood, or 0.04 [0.05]          
grams or less of alcohol per 210 liters of the person's breath, it             
shall be presumed that the person was not under the influence of               
intoxicating liquor.                                                           
		(2)  If there was in excess of 0.04 [0.05] percent but less             
than 0.08 [0.10] percent by weight of alcohol in the person's              
blood, or in excess of 40 [50] but less than 80 [100] milligrams of    
alcohol per 100 milliliters of the person's blood, or in excess of             
0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per       
210 liters of the person's breath, that fact does not give rise to any         
presumption that the person was or was not under the influence of              
intoxicating liquor, but that fact may be considered with other                
competent evidence in determining whether the person was under                 
the influence of intoxicating liquor.                                          
		(3)  [REPEALED                                                              
		(4)]  If there was 0.08 [0.10] percent or more by weight                
of alcohol in the person's blood, or 80 [100] milligrams or more           
of alcohol per 100 milliliters of the person's blood, or 0.08 [0.10]       
grams or more of alcohol per 210 liters of the person's breath, it             
shall be presumed that the person was under the influence of                   
intoxicating liquor."                                                          
                                                                               
Renumber the following bill section accordingly.                               

1994-05-05                     House Journal                      Page 4037
SB 221                                                                       
Representative Nordlund moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The Speaker stated that the House would recess until 6:00 p.m., and            
so, the House recessed at 12:24 p.m.