Legislature(1995 - 1996)

1996-03-22 House Journal

Full Journal pdf

1996-03-22                     House Journal                      Page 3276
HB 462                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 462                                                            
An Act relating to the offenses of driving while intoxicated and              
refusal to submit to a chemical test of breath or blood; amending              
Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and                      
providing for an effective date.                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  1DP 4NR 2AM                                             3057         
	FISCAL NOTE (COR)                                                3057         
	ZERO FISCAL NOTE (2-DPS)                                         3057         
	JUD RPT  6DP                                                     3090         
	FISCAL NOTE (COR) 3/11/96                                        3091         
	2 ZERO FISCAL NOTES (2-DPS) 3/11/96                              3091         
	FIN REFERRAL ADDED                                               3098         
	FIN REFERRAL WAIVED                                              3138         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Porter:                          
                                                                               
Page 2, following line 1:                                                      
 Insert a new bill section to read:                                            
                                                                               
   * Sec. 2.  AS 28.35.030(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 ªIF A               
PERSON HAS BEEN PREVIOUSLY CONVICTED, THE                                      
PROVISIONS OF (O)(4) OF THIS SECTION APPLY, EXCEPT                             
THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE                                    
YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE                                
MAY BE INCLUDEDß minimum sentences based on previous                         
convictions the provisions of (o)(4) of this section apply. 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;                                                               

1996-03-22                     House Journal                      Page 3277
HB 462                                                                       
		(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 persons drivers license, privilege to                  
drive, or privilege to obtain a license under AS 28.15.181(c);                 
		(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 AS 28.35.036 of the                     
vehicle or aircraft used in the commission of the offense, subject             
to remission under AS 28.35.037.                                               
                                                                               
Page 2, following line 12:                                                     
 Insert a new bill section to read:                                            
   * Sec. 4.  AS 28.35.032(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 ªIF A PERSON                
HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS                                  
OF AS 28.35.030(O)(4) APPLY, EXCEPT THAT ONLY                                  
CONVICTIONS OCCURRING WITHIN FIVE YEARS                                        
PRECEDING THE DATE OF THE PRESENT OFFENSE MAY                                  
BE INCLUDEDß minimum sentences based on previous                             
convictions the provisions of AS 28.35.030(o)(4) apply.  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;                                                               
		(B) 240 days if the person has been previously                             
convicted three times;                                                         
                                                                               

1996-03-22                     House Journal                      Page 3278
HB 462                                                                       
		(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 persons drivers license,                     
privilege to drive, or privilege to obtain a license under AS                  
28.15.181(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 AS                            
28.35.036, of the vehicle or aircraft used in the commission of the            
offense, subject to remission under AS 28.35.037.                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kubina objected and withdrew the objection.  There              
being no further objection, Amendment No. 1 was adopted.                       
                                                                               
Representative Vezey moved and asked unanimous consent that                    
HB462 am be considered engrossed, advanced to third reading and                
placed on final passage.                                                       
                                                                               
Representative Mackie objected.                                                
                                                                               
The Speaker stated that HB 462 am would be in third reading on the             
March 26, 1996, calendar.