Legislature(1995 - 1996)
1996-04-26 House Journal
Full Journal pdf1996-04-26 House Journal Page 4047 HB 204 Representative Porter brought up reconsideration of the vote on CSHB 204(FIN) am (page 3996). 1996-04-26 House Journal Page 4048 HB 204 The following was again before the House in third reading: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; and providing for an effective date. Representative Porter moved and asked unanimous consent that CSHB 204(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 6. Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. **Representative Ivan, who had been previously excused, left the Chamber. Amendment No. 6 was offered by Representative Porter: Page 1, line 6, following "watercraft;" (title amendment): Insert "relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test; relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test;" 1996-04-26 House Journal Page 4049 HB 204 Page 3, following line 32: Insert new bill sections to read: "* Sec. 5. AS28.35.030(j) is amended to read: (j) If a person fails to satisfy the requirements of an authorized agency under (i) of this section, the court (1) may impose any portion of a suspended sentence; however, if the person was convicted under (n) of this section, the court shall impose a part or all of the remaining portion of any suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a driver's license until the requirements are satisfied. * Sec. 6. AS28.35.030(n) is amended to read: (n) A person is guilty of a class C felony if the person is convicted of driving while intoxicated and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining minimum sentences based on previous convictions ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTEDß, the provisions of (o)(4) of this section apply ª, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß. Upon conviction, the court (1) shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) may not (A) suspend execution of sentence or grant probation except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license under AS28.15.181(c); 1996-04-26 House Journal Page 4050 HB 204 (4) may order as a condition of probation or parole that the person take a drug, or combination of drugs, intended to prevent the consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; and (5) may also order forfeiture under AS28.35.036 of the vehicle or aircraft used in the commission of the offense, subject to remission under AS28.35.037." Renumber the following bill sections accordingly. Page 4, after line 13: Insert new bill sections to read: "* Sec. 8. AS28.35.032(n) is amended to read: (n) If a person fails to satisfy the requirements of an authorized agency under (m) of this section, the court (1) may impose any portion of a suspended sentence; however, if the person was convicted under (p) of this section, the court shall impose a part or all of the remaining portion of any suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a driver's license until the requirements are satisfied. * Sec. 9. AS28.35.032(p) is amended to read: (p) A person is guilty of a class C felony if the person is convicted under this section and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining minimum sentences based on previous convictions ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTEDß, the provisions of AS28.35.030(o)(4) apply ª, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß. Upon conviction, (1) the court shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; 1996-04-26 House Journal Page 4051 HB 204 (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) the court may not (A) suspend execution of the sentence required by (1) of this subsection or grant probation, except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) the court shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license under AS28.15.181(c); (4) the court may order as a condition of probation or parole that the person take a drug, or combination of drugs, intended to prevent consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; (5) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person; and (6) the court may also order forfeiture under AS28.35.036, of the vehicle or aircraft used in the commission of the offense, subject to remission under AS28.35.037." Renumber the following bill sections accordingly. Page 7, after line 4: Insert new bill sections to read: "* Sec. 14. Rule 6(r)(1), Alaska Rules of Criminal Procedure, is amended to read: (1) Evidence which would be legally admissible at trial shall be admissible before the grand jury. In appropriate cases, however, witnesses may be presented to summarize admissible evidence if the admissible evidence will be available at trial. Except as stated in subparagraphs (2), ªANDß (3), and (6), hearsay evidence shall not be presented to the grand jury absent compelling justification for its introduction. If hearsay evidence is presented to the grand jury, the reasons for its use shall be stated on the record. 1996-04-26 House Journal Page 4052 HB 204 * Sec. 15. Rule 6(r), Alaska Rules of Criminal Procedure, is amended by adding a new paragraph to read: (6) In a prosecution for driving while intoxicated under AS28.35.030(n) or for refusal to submit to a chemical test under AS28.35.032(p), hearsay evidence received through the Alaska Public Safety Information Network or from other governmental agencies of prior convictions of driving while intoxicated or refusal to submit to a chemical test may be presented to the grand jury. * Sec. 16. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: (a) Scheduling. At the time guilt in a felony case is established by verdict or plea, the judge shall establish the date for a sentencing hearing and a presentencing hearing, if appropriate, and except as provided under subsection (f) of this rule, shall order a presentence investigation by the Department of Corrections. If the judge elects to schedule a single hearing, all of the procedures for the presentencing and sentencing hearings shall be applicable at the single hearing. * Sec. 17. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new subsection to read: (f) When Presentence Investigation Not Required. Unless a person may be sentenced to a presumptive term of imprisonment under AS12.55.125(e)(1) or (2), a presentence investigation by the Department of Corrections is not required for a defendant convicted of driving while intoxicated under AS28.35.030(n) or refusal to submit to a chemical test under AS28.35.032(p)." Renumber the following bill sections accordingly. Page 7, line 5: Delete "Sections 1 - 6" Insert "Sections 1 - 10 and 14 - 17" Page 7, line 6: Delete "secs. 1 - 6 of this Act" Insert "secs. 1 - 10 and 14 - 17 of this Act, except that to the extent that the amendments made by secs. 5, 6, 8, 9, and 14 - 17 of this Act involve prior convictions, those prior convictions may have occurred before, on, or after the effective date of this Act" 1996-04-26 House Journal Page 4053 HB 204 Page 7, line 7: Delete "Sections 7 - 9" Insert "Sections 11 - 13" Representative Porter moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 6 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test, relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test; and providing for an effective date. The question to be reconsidered: Shall CSHB 204(FIN) am pass the House? The roll was taken with the following result: 1996-04-26 House Journal Page 4054 HB 204 CSHB 204(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Ivan, Long, Moses, Nicholia And so, CSHB 204(FIN) am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. CSHB 204(FIN) am was referred to the Chief Clerk for engrossment.