00 CS FOR HOUSE BILL NO. 204(FIN) am                                                                                       
01 "An Act relating to the administrative revocation of a minor's license to drive;                                        
02 creating criminal offenses of minor operating a vehicle after consuming alcohol,                                        
03 a minor's refusal to submit to chemical test, and driving during the 24 hours                                           
04 after being cited for minor operating a vehicle after consuming alcohol or refusal                                      
05 to submit to chemical test; establishing penalties for these offenses; relating to                                      
06 court ordered drug and alcohol screening, evaluation, referral, and programs;                                           
07 relating to implied consent to certain testing if operating a motor vehicle, aircraft,                                  
08 or watercraft; relating to an instrument's working tolerance in a chemical breath                                       
09 test; relating to the authority of a court to impose a suspended sentence after                                         
10 failure to complete a treatment program upon conviction of felony driving while                                         
11 intoxicated or felony refusal to submit to a chemical test; relating to the period                                      
12 of time a court may consider for determining prior convictions in sentencing a                                          
13 person convicted of felony driving while intoxicated or felony refusal to submit                                        
14 to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal                                                 
01 Procedure, to allow the use of hearsay evidence before a grand jury in a                                                
02 prosecution for felony driving while intoxicated or felony refusal to submit to a                                       
03 chemical test and to not require a presentence report for a first felony driving                                        
04 while intoxicated or first felony refusal to submit to a chemical test; and                                             
05 providing for an effective date."                                                                                       
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 28.15.183(a) is amended to read:                                                                    
08  (a)  If a peace officer has probable cause to believe that a person who is at least                                   
09 14 years of age but not yet 21 years of age has possessed or used a controlled substance                                
10 in violation of AS 11.71, or a municipal ordinance with substantially similar elements,                               
11 or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal ordinance                                  
12 with substantially similar elements, operated a vehicle after consuming alcohol in                                     
13 violation of AS 28.35.280, or refused to submit to a chemical test under                                                
14 AS 28.35.285 and the peace officer has cited the person or arrested the person for a                                   
15 violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 28.35.285 or the municipal                                      
16 ordinance with substantially similar elements, the peace officer shall read a notice and                                
17 deliver a copy to the person.  The notice must advise that                                                              
18   (1)  the department intends to revoke the person's driver's license or                                               
19 permit, privilege to drive, or privilege to obtain a license or permit;                                                 
20   (2)  the person has the right to administrative review of the revocation;                                            
21   (3)  if the person has a driver's license or permit, the notice itself is a                                          
22 temporary driver's license or permit that expires seven days after it is delivered to the                               
23 person;                                                                                                                 
24   (4)  revocation of the person's driver's license or permit, privilege to                                             
25 drive, or privilege to obtain a license or permit, takes effect seven days after delivery of                            
26 the notice to the person unless the person, within seven days, requests an administrative                               
27 review;                                                                                                                
28   (5)  if the person has been cited under AS 28.35.280 or under                                                        
29 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle,                                         
30 aircraft, or watercraft during the 24 hours following issuance of the citation.                                        
31    * Sec. 2.  AS 28.15.183(c) is amended to read:                                                                       
01  (c)  Unless the person has requested an administrative review, the department                                         
02 shall revoke the person's driver's license or permit, privilege to drive, or privilege to                               
03 obtain a license or permit, effective seven days after delivery to the person of the notice                             
04 required under (a) of this section, upon receipt of a sworn report of a peace officer                                   
05   (1)  that the officer had probable cause to believe that the person is at                                            
06 least 14 years of age but not yet 21 years of age and has possessed or used a controlled                                
07 substance in violation of AS 11.71, or a municipal ordinance with substantially similar                               
08 elements, or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal                                  
09 ordinance with substantially similar elements, operated a vehicle after consuming                                      
10 alcohol in violation of AS 28.35.280, or refused to submit to a chemical test of                                        
11 breath under AS 28.35.285;                                                                                             
12   (2)  that the peace officer has cited the person or arrested the person for                                          
13   (A)  a violation of AS 11.71, [OR] AS 04.16.050, AS 28.35.280,                                                   
14 or 28.35.285; or                                                                                                       
15   (B)  possession or use of a controlled substance or alcohol in                                                      
16 violation of a municipal ordinance with substantially similar elements;                                                 
17   (3)  that notice under (a) of this section was provided to the person; and                                           
18   (4)  describing the circumstances surrounding the violation of the                                                   
19 controlled substances provisions of AS 11.71, the alcoholic beverages provisions of                                     
20 AS 04.16.050, or the municipal ordinance with substantially similar elements, the minor                                
21 operating a vehicle after consuming alcohol provisions of AS 28.35.280, or the minor                                    
22 refusing to submit to a chemical test of breath under provisions of AS 28.35.285.                                      
23    * Sec. 3.  AS 28.15.183(g) is amended to read:                                                                       
24  (g)  Except as provided under (h) of this section, the department may not issue                                       
25 a new license or reissue a license to a person whose driver's license, permit, or privilege                             
26 to drive has been revoked under this section unless the person is enrolled in and is in                                 
27 compliance with, or has successfully completed                                                                          
28   (1)  an alcoholism education or rehabilitation treatment program, if the                                             
29 revocation resulted from possession or consumption of alcohol in violation of                                           
30 AS 04.16.050 or a municipal ordinance with substantially similar elements, from                                        
31 operating a vehicle after consuming alcohol in violation of AS 28.35.280, or from                                       
01 refusal to submit to a chemical test of breath in violation of AS 28.35.285; or                                        
02   (2)  a drug education or rehabilitation treatment program, if the revocation                                         
03 resulted from possession or use of a controlled substance in violation of AS 11.71 or a                                 
04 municipal ordinance with substantially similar elements.                                                                
05    * Sec. 4.  AS 28.15.184(g) is amended to read:                                                                       
06  (g)  The hearing for review of a revocation by the department under                                                   
07 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years                                 
08 of age but not yet 21 years of age and whether the person possessed or used a controlled                                
09 substance in violation of AS 11.71 or a municipal ordinance with substantially similar                                  
10 elements, or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal                                  
11 ordinance with substantially similar elements, operated a vehicle after consuming                                      
12 alcohol in violation of AS 28.35.280, or refused to submit to a chemical test of                                        
13 breath in violation of AS 28.35.285.                                                                                   
14    * Sec. 5. AS 28.35.030(h) is amended to read:                                                                        
15  (h) The court shall order a person convicted under this section to satisfy the                                        
16 screening, evaluation, referral, and program requirements of an alcohol safety action                                  
17 program if such a program is available in the community where the person resides,                                       
18 or a private or public treatment facility approved by the Division of Alcoholism and                                    
19 Drug Abuse, of the Department of Health and Social Services, under AS 47.37 [AN                                        
20 AGENCY AUTHORIZED BY THE COURT] to make referrals for rehabilitative                                                    
21 treatment or to provide rehabilitative treatment. If a person is convicted under (n) of this                            
22 section, the court shall order the person to be evaluated as required by this subsection                                
23 before the court imposes sentence for the offense.                                                                      
24    * Sec. 6.  AS 28.35.030(j) is amended to read:                                                                       
25  (j)  If a person fails to satisfy the requirements of an authorized agency under (i)                                  
26 of this section, the court                                                                                              
27   (1)  may impose any portion of a suspended sentence; however, if the                                                 
28 person was convicted under (n) of this section, the court shall impose a part or all of                               
29 the remaining portion of any suspended sentence;                                                                        
30   (2)  may punish the failure as contempt of the authority of the court under                                          
31 AS 09.50.010 or as a violation of a condition of probation; and                                                         
01   (3)  shall order the revocation or suspension of the person's driver's                                               
02 license, privilege to drive, and privilege to obtain a driver's license until the requirements                          
03 are satisfied.                                                                                                          
04    * Sec. 7.  AS 28.35.030(n) is amended to read:                                                                       
05  (n)  A person is guilty of a class C felony if the person is convicted of driving                                     
06 while intoxicated and has been previously convicted two or more times within the five                                  
07 years preceding the date of the present offense.  For purposes of determining                                         
08 minimum sentences based on previous convictions [IF A PERSON HAS BEEN                                                  
09 PREVIOUSLY CONVICTED], the provisions of (o)(4) of this section apply [, EXCEPT                                         
10 THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING                                                             
11 THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDED]. Upon conviction,                                                    
12 the court                                                                                                               
13   (1)  shall impose a fine of not less than $5,000 and a minimum sentence                                              
14 of imprisonment of not less than                                                                                        
15   (A)  120 days if the person has been previously convicted twice;                                                    
16   (B)  240 days if the person has been previously convicted three                                                     
17 times;                                                                                                                  
18   (C)  360 days if the person has been previously convicted four or                                                   
19 more times;                                                                                                             
20   (2)  may not                                                                                                         
21   (A)  suspend execution of sentence or grant probation except on                                                     
22 condition that the person serve the minimum imprisonment under (1) of this                                              
23 subsection; or                                                                                                          
24   (B)  suspend imposition of sentence;                                                                                
25   (3)  shall revoke the person's driver's license, privilege to drive, or                                              
26 privilege to obtain a license under AS 28.15.181(c);                                                                    
27   (4)  may order as a condition of probation or parole that the person take                                            
28 a drug, or combination of drugs, intended to prevent the consumption of an alcoholic                                  
29 beverage; a condition of probation imposed under this paragraph is in addition to any                                   
30 other condition authorized under another provision of law; and                                                          
31   (5)  may also order forfeiture under AS 28.35.036 of the vehicle or                                                  
01 aircraft used in the commission of the offense, subject to remission under AS 28.35.037.                                
02    * Sec. 8.  AS 28.35.031(a) is amended to read:                                                                       
03  (a)  A person who operates or drives a motor vehicle in this state or who operates                                    
04 an aircraft as defined in AS 28.35.030(o) or who operates a watercraft as defined in                                    
05 AS 28.35.030(o) shall be considered to have given consent to a chemical test or tests of                                
06 the person's breath for the purpose of determining the alcoholic content of the person's                                
07 blood or breath if lawfully arrested for an offense arising out of acts alleged to have been                            
08 committed while the person was operating or driving a motor vehicle or operating an                                     
09 aircraft or a watercraft while intoxicated or if lawfully arrested under AS 28.35.280                                  
10 for the offense of minor operating a vehicle after consuming alcohol.  The test or                                     
11 tests shall be administered at the direction of a law enforcement officer who has                                       
12 reasonable grounds to believe that the person was operating or driving a motor vehicle                                  
13 or operating an aircraft or a watercraft in this state while intoxicated or that the person                            
14 was a minor operating a vehicle after consuming alcohol.                                                               
15    * Sec. 9. AS. 28.35.032(1) is amended to read:                                                                       
16  (l) The court shall order a person convicted under this section to satisfy the                                        
17 screening, evaluation, referral, and program requirements of  an alcohol safety action                                 
18 program if such a program is available in the community where the person resides,                                       
19 or a private or public treatment facility approved by the Division of Alcoholism and                                    
20 Drug Abuse, of the Department of Health and Social Services, under AS 47.37 [AN                                        
21 AGENCY AUTHORIZED BY THE COURT] to make referrals for rehabilitative                                                    
22 treatment or to provide rehabilitative treatment. If a person is convicted under (p) of this                            
23 section, the court shall order the person to be evaluated as required by this subsection                                
24 before the court imposes sentence for the offense.                                                                      
25    * Sec. 10.  AS 28.35.032(n) is amended to read:                                                                      
26  (n)  If a person fails to satisfy the requirements of an authorized agency under                                      
27 (m) of this section, the court                                                                                          
28   (1)  may impose any portion of a suspended sentence; however, if the                                                 
29 person was convicted under (p) of this section, the court shall impose a part or all of                               
30 the remaining portion of any suspended sentence;                                                                        
31   (2)  may punish the failure as contempt of the authority of the court                                                
01 under AS 09.50.010 or as a violation of a condition of probation; and                                                   
02   (3)  shall order the revocation or suspension of the person's driver's                                               
03 license, privilege to drive, and privilege to obtain a driver's license until the                                       
04 requirements are satisfied.                                                                                             
05    * Sec. 11.  AS 28.35.032(p) is amended to read:                                                                      
06  (p)  A person is guilty of a class C felony if the person is convicted under this                                     
07 section and has been previously convicted two or more times within the five years                                      
08 preceding the date of the present offense.  For purposes of determining minimum                                       
09 sentences based on previous convictions [IF A PERSON HAS BEEN PREVIOUSLY                                               
10 CONVICTED], the provisions of AS 28.35.030(o)(4) apply [, EXCEPT THAT ONLY                                              
11 CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF                                                           
12 THE PRESENT OFFENSE MAY BE INCLUDED]. Upon conviction,                                                                  
13   (1)  the court shall impose a fine of not less than $5,000 and a                                                     
14 minimum sentence of imprisonment of not less than                                                                       
15   (A)  120 days if the person has been previously convicted twice;                                                    
16   (B)  240 days if the person has been previously convicted three                                                     
17 times;                                                                                                                  
18   (C)  360 days if the person has been previously convicted four                                                      
19 or more times;                                                                                                          
20   (2)  the court may not                                                                                               
21   (A)  suspend execution of the sentence required by (1) of this                                                      
22 subsection or grant probation, except on condition that the person serve the                                            
23 minimum imprisonment under (1) of this subsection; or                                                                   
24   (B)  suspend imposition of sentence;                                                                                
25   (3)  the court shall revoke the person's driver's license, privilege to                                              
26 drive, or privilege to obtain a license under AS 28.15.181(c);                                                          
27   (4)  the court may order as a condition of probation or parole that the                                              
28 person take a drug, or combination of drugs, intended to prevent consumption of an                                  
29 alcoholic beverage; a condition of probation imposed under this paragraph is in                                         
30 addition to any other condition authorized under another provision of law;                                              
31   (5)  the sentence imposed by the court under this subsection shall run                                               
01 consecutively with any other sentence of imprisonment imposed on the person; and                                        
02   (6)  the court may also order forfeiture under AS 28.35.036, of the                                                  
03 vehicle or aircraft used in the commission of the offense, subject to remission under                                   
04 AS 28.35.037.                                                                                                           
05    * Sec. 12. AS 28.35.039 is amended to read:                                                                          
06  Sec. 28.35.039.  DEFINITIONS FOR AS 28.35.029 - 28.35.039.  In                                                      
07 AS 28.35.029 - 28.35.039,                                                                                               
08   (1) "controlled substance" has the meaning given in AS 28.33.190;                                                
09   (2) "alcohol safety action program" means a program designated by                                                   
10 the commissioner of health and social services as an alcohol safety action program.                                    
11    * Sec. 13.  AS 28.35 is amended by adding new sections to read:                                                      
12 ARTICLE 6.  CERTAIN OFFENSES RELATING TO MINORS.                                                                        
13  Sec. 28.35.280.  MINOR OPERATING A VEHICLE AFTER CONSUMING                                                            
14 ALCOHOL.  (a)  A person who is at least 13 years of age but not yet 21 years of age                                     
15 commits the offense of minor operating a vehicle after consuming alcohol if the person                                  
16 operates or drives a motor vehicle or operates an aircraft or a watercraft after having                                 
17 consumed any quantity of alcohol within 24 hours.  A peace officer who has probable                                     
18 cause to believe that a person has committed the offense of minor operating a vehicle                                   
19 after consuming alcohol may                                                                                             
20   (1)  place the person under arrest;                                                                                  
21   (2)  request that the person submit to a chemical test or tests of the                                               
22 person's breath for the purpose of determining the alcoholic content of the person's                                    
23 blood or breath; and                                                                                                    
24   (3)  transport the person to a location at which a chemical or other test                                            
25 authorized under (2) of this subsection may be administered.                                                            
26  (b)  If a chemical test under (a) of this section reveals any alcohol concentration                                   
27 within the person's blood or breath, the person shall be cited for violating (a) of this                                
28 section and then released unless there is a lawful reason for further detention.  A person                              
29 who is 18 years of age or older shall be released on the person's own recognizance.  A                                  
30 person who is under the age of 18 shall be released to a parent, guardian, or legal                                     
31 custodian.                                                                                                              
01  (c)  A person who is cited for violating (a) of this section shall be advised by a                                    
02 peace officer that it is unlawful under AS 28.35.290 for the person to operate a motor                                  
03 vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.                            
04  (d)  The offense of a minor operating a vehicle after consuming alcohol is an                                         
05 infraction.  Upon conviction, the court shall impose a fine of not more than $1,000,                                    
06 community work service, or both.  The court may offer the minor the option of                                           
07 performing community work in place of a fine or a portion of the fine.  The value of                                    
08 community work in place of a fine is as specified in AS 12.55.055(c).                                                   
09   (e)  In this section,                                                                                                 
10   (1)  "operate an aircraft" has the meaning given in AS 28.35.030(o);                                                 
11   (2)  "operate a watercraft" has the meaning given in AS 28.35.030(o).                                                
12  Sec. 28.35.285.  MINOR'S REFUSAL TO SUBMIT TO CHEMICAL TEST.                                                          
13 (a)  If a person under arrest for minor operating a vehicle after consuming alcohol                                     
14 refuses the request of a peace officer to submit to a chemical test or tests of the person's                            
15 breath authorized under AS 28.35.031(a) and 28.35.280(a), after being advised by the                                    
16 officer that the refusal will result in the denial or revocation of the driver's license,                               
17 privilege to drive, or privilege to obtain a license, that the refusal may be used against                              
18 the person in a civil or criminal action or proceeding arising out of an act alleged to have                            
19 been committed by the person while operating a vehicle after consuming alcohol, and                                     
20 that the refusal is a violation, a chemical test may not be given.                                                      
21  (b)  A person who is cited for violating (a) of this section shall be advised by a                                    
22 peace officer that it is unlawful under AS 28.35.290 for the person to operate a motor                                  
23 vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.                            
24  (c)  The refusal of a minor to submit to a chemical test authorized under                                             
25 AS 28.35.031(a) and 28.35.280(a) is admissible evidence in a civil or criminal action or                                
26 proceeding arising out of an act alleged to have been committed by the person while                                     
27 operating a vehicle after consuming alcohol.                                                                            
28  (d)  Refusal to submit to a chemical test or tests of the person's breath  requested                                  
29 under AS 28.35.280 is an infraction.  Upon conviction, the court shall impose a fine of                                 
30 not more than $1,000, or community work service, or both.  The court may offer the                                      
31 minor the option of performing community work in place of a fine or a portion of the                                    
01 fine.  The value of community work in place of a fine is as specified in AS 12.55.055(c).                               
02  Sec. 28.35.290.  DRIVING DURING THE 24 HOURS AFTER BEING CITED                                                        
03 FOR ALCOHOL OR BREATH TEST OFFENSES.  (a)  A person who has been cited                                                  
04 for minor operating a vehicle after consuming alcohol under AS 28.35.280 or for refusal                                 
05 to submit to a chemical test of breath under AS 28.35.285 may not operate a motor                                       
06 vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.                                
07  (b)  Operating a motor vehicle, aircraft, or watercraft during the 24 hours after                                     
08 being cited for minor operating a vehicle after consuming alcohol or for minor's refusal                                
09 to submit to a chemical test is an infraction.  Upon conviction, the court shall impose a                               
10 fine of not more than $1,000, or community work service, or both.  The court may offer                                  
11 the minor the option of performing community work in place of the fine or a portion of                                  
12 the fine.  The value of community work in place of a fine is as specified in                                            
13 AS 12.55.055(c).                                                                                                        
14  (c)  In this section,                                                                                                 
15   (1)  "operate an aircraft" has the meaning given in AS 28.35.030(o);                                                 
16  (2)  "operate a watercraft" has the meaning given in AS 28.35.030(o).                                                
17    * Sec. 14.  AS 28.35.280(d) is repealed and reenacted to read:                                                       
18  (d)  The offense of a minor operating a vehicle after consuming alcohol is an                                         
19 infraction.  Upon conviction, the court shall impose a fine of not more than $1,000.  The                               
20 court may offer the minor the option of performing community work in place of a fine                                    
21 or a portion of a fine.  The value of community work in place of a fine is as specified                                 
22 in AS 12.55.055(c).                                                                                                     
23    * Sec. 15.  AS 28.35.285(d) is repealed and reenacted to read:                                                       
24  (d)  Refusal to submit to a chemical test or tests of the person's breath requested                                   
25 under AS 28.35.280 is an infraction.  Upon conviction, the court shall impose a fine of                                 
26 not more than $1,000.  The court may offer the minor the option of performing                                           
27 community work in place of a fine or a portion of the fine.  The value of community                                     
28 work in place of a fine is as specified in AS 12.55.055(c).                                                             
29    * Sec. 16.  AS 28.35.290(b) is repealed and reenacted to read:                                                       
30  (b)  Operating a motor vehicle, aircraft, or watercraft during the 24 hours after                                     
31 being cited for minor operating a vehicle after consuming alcohol is an infraction.  Upon                               
01 conviction, the court shall impose a fine of not more than $1,000.  The court may offer                                 
02 the minor the option of performing community work in place of the fine or a portion of                                  
03 the fine.  The value of community work in place of a fine is as specified in                                            
04 AS 12.55.055(c).                                                                                                        
05    * Sec. 17. AS 28.40 is amended by adding a new section to read:                                                      
06  Sec. 28.40.060.  BREATH TEST RESULT VALIDITY.  If an offense described                                                
07 under this title requires that a chemical test of a person's breath produce a particular                                
08 result, and the chemical test is administered by a properly calibrated instrument approved                              
09 by the Department of Public Safety, the result described by statute is not affected by the                              
10 instrument's working tolerance.                                                                                         
11    * Sec. 18.  Rule 6(r)(1), Alaska Rules of Criminal Procedure, is amended to read:                                    
12   (1)  Evidence which would be legally admissible at trial shall be                                                    
13 admissible before the grand jury.  In appropriate cases, however, witnesses may be                                      
14 presented to summarize admissible evidence if the admissible evidence will be                                           
15 available at trial.  Except as stated in subparagraphs (2), [AND] (3), and (6), hearsay                             
16 evidence shall not be presented to the grand jury absent compelling justification for                                   
17 its introduction.  If hearsay evidence is presented to the grand jury, the reasons for its                              
18 use shall be stated on the record.                                                                                      
19    * Sec. 19.   Rule 6(r), Alaska Rules of Criminal Procedure, is amended by adding a new                               
20 paragraph to read:                                                                                                      
21   (6)  In a prosecution for driving while intoxicated under                                                            
22 AS 28.35.030(n) or for refusal to submit to a chemical test under AS 28.35.032(p),                                      
23 hearsay evidence received through the Alaska Public Safety Information Network or                                       
24 from other governmental agencies of prior convictions of driving while intoxicated or                                   
25 refusal to submit to a chemical test may be presented to the grand jury.                                                
26    * Sec. 20.  Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read:                                    
27  (a)  Scheduling.  At the time guilt in a felony case is established by verdict or                                     
28 plea, the judge shall establish the date for a sentencing hearing and a presentencing                                   
29 hearing, if appropriate, and except as provided under subsection (f) of this rule,                                    
30 shall order a presentence investigation by the Department of Corrections.  If the judge                                 
31 elects to schedule a single hearing, all of the procedures for the presentencing and                                    
01 sentencing hearings shall be applicable at the single hearing.                                                          
02    * Sec. 21.  Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new                                
03 subsection to read:                                                                                                     
04  (f)  When Presentence Investigation Not Required.  Unless a person may be                                             
05 sentenced to a presumptive term of imprisonment under AS 12.55.125(e)(1) or (2), a                                      
06 presentence investigation by the Department of Corrections is not required for a                                        
07 defendant convicted of driving while intoxicated under AS 28.35.030(n) or refusal to                                    
08 submit to a chemical test under AS 28.35.032(p).                                                                        
09    * Sec. 22.  Sections 1 - 13 and 17 - 21 of this Act apply only to acts committed on or after                         
10 the effective date of secs. 1 - 13 and 17 - 21 of this Act, except that to the extent that the                          
11 amendments made by secs. 6, 7, 10, 11, and 18 - 21 of this Act involve prior convictions,                               
12 those prior convictions may have occurred before, on, or after the effective date of this Act.                          
13    * Sec. 23.  Sections 14 - 16 of this Act take effect only upon a final decision by the Alaska                        
14 Court of Appeals and the Alaska Supreme Court that the possibility of imposing community                                
15 work service by the court for the offenses prohibited under AS 28.35.280, 28.35.285, and                                
16 28.35.290 gives rise to the right to court appointed counsel and trial by jury.