00 HOUSE BILL NO. 462 am 01 "An Act relating to the offenses of driving while intoxicated and refusal to 02 submit to a chemical test of breath or blood; amending Rules 6 and 32.1, 03 Alaska Rules of Criminal Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.35.030(j) is amended to read: 06  (j) If a person fails to satisfy the requirements of an authorized agency under 07 (i) of this section, the court 08  (1) may impose any portion of a suspended sentence; however, if the 09 person was convicted under (n) of this section, the court shall impose a part or all of 10 the remaining portion of any suspended sentence; 11  (2) may punish the failure as contempt of the authority of the court 12 under AS 09.50.010 or as a violation of a condition of probation; and 13  (3) shall order the revocation or suspension of the person's driver's 14 license, privilege to drive, and privilege to obtain a driver's license until the 01 requirements are satisfied. 02 * Sec. 2. AS 28.35.030(n) is amended to read: 03  (n) A person is guilty of a class C felony if the person is convicted of driving 04 while intoxicated and has been previously convicted two or more times within the five 05 years preceding the date of the present offense. For purposes of determining 06 minimum sentences based on previous convictions the provisions of (o)(4) of this 07 section apply [IF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE 08 PROVISIONS OF (O)(4) OF THIS SECTION APPLY, EXCEPT THAT ONLY 09 CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF 10 THE PRESENT OFFENSE MAY BE INCLUDED]. Upon conviction the court 11  (1) shall impose a fine of not less than $5,000 and a minimum sentence 12 of imprisonment of not less than 13  (A) 120 days if the person has been previously convicted twice; 14  (B) 240 days if the person has been previously convicted three 15 times; 16  (C) 360 days if the person has been previously convicted four 17 or more times; 18  (2) may not 19  (A) suspend execution of sentence or grant probation except on 20 condition that the person serve the minimum imprisonment under (1) of this 21 subsection; or 22  (B) suspend imposition of sentence; 23  (3) shall revoke the person's driver's license, privilege to drive, or 24 privilege to obtain a license under AS 28.15.181(c); 25  (4) may order as a condition of probation or parole that the person take 26 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 27 beverage; a condition of probation imposed under this paragraph is in addition to any 28 other condition authorized under another provision of law; and 29  (5) may also order forfeiture under AS 28.35.036 of the vehicle or 30 aircraft used in the commission of the offense, subject to remission under 31 AS 28.35.037. 01 * Sec. 3. AS 28.35.032(n) is amended to read: 02  (n) If a person fails to satisfy the requirements of an authorized agency under 03 (m) of this section, the court 04  (1) may impose any portion of a suspended sentence; however, if the 05 person was convicted under (p) of this section, the court shall impose a part or all of 06 the remaining portion of any suspended sentence; 07  (2) may punish the failure as contempt of the authority of the court 08 under AS 09.50.010 or as a violation of a condition of probation; and 09  (3) shall order the revocation or suspension of the person's driver's 10 license, privilege to drive, and privilege to obtain a driver's license until the 11 requirements are satisfied. 12 * Sec. 4. AS 28.35.032(p) is amended to read: 13  (p) A person is guilty of a class C felony if the person is convicted under this 14 section and has been previously convicted two or more times within the five years 15 preceding the date of the present offense. For purposes of determining minimum 16 sentences based on previous convictions the provisions of AS 28.35.030(o)(4) apply 17 [IF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS OF 18 AS 28.35.030(O)(4) APPLY, EXCEPT THAT ONLY CONVICTIONS OCCURRING 19 WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE 20 MAY BE INCLUDED]. Upon conviction, 21  (1) the court shall impose a fine of not less than $5,000 and a minimum 22 sentence of imprisonment of not less than 23  (A) 120 days if the person has been previously convicted twice; 24  (B) 240 days if the person has been previously convicted three 25 times; 26  (C) 360 days if the person has been previously convicted four 27 or more times; 28  (2) the court may not 29  (A) suspend execution of the sentence required by (1) of this 30 subsection or grant probation, except on condition that the person serve the 31 minimum imprisonment under (1) of this subsection; or 01  (B) suspend imposition of sentence; 02  (3) the court shall revoke the person's driver's license, privilege to drive, 03 or privilege to obtain a license under AS 28.15.181(c); 04  (4) the court may order as a condition of probation or parole that the 05 person take a drug or combination of drugs intended to prevent consumption of an 06 alcoholic beverage; a condition of probation imposed under this paragraph is in 07 addition to any other condition authorized under another provision of law; 08  (5) the sentence imposed by the court under this subsection shall run 09 consecutively with any other sentence of imprisonment imposed on the person; and 10  (6) the court may also order forfeiture under AS 28.35.036, of the 11 vehicle or aircraft used in the commission of the offense, subject to remission under 12 AS 28.35.037. 13 * Sec. 5. Rule 6(r)(1), Alaska Rules of Criminal Procedure, is amended to read: 14  (1) Evidence which would be legally admissible at trial shall be 15 admissible before the grand jury. In appropriate cases, however, witnesses may be 16 presented to summarize admissible evidence if the admissible evidence will be 17 available at trial. Except as stated in subparagraphs (2), [AND] (3), and (6), hearsay 18 evidence shall not be presented to the grand jury absent compelling justification for 19 its introduction. If hearsay evidence is presented to the grand jury, the reasons for its 20 use shall be stated on the record. 21 * Sec. 6. Rule 6(r), Alaska Rules of Criminal Procedure, is amended by adding a new 22 paragraph to read: 23  (6) In a prosecution for driving while intoxicated under 24 AS 28.35.030(n) or for refusal to submit to a chemical test under AS 28.35.032(p), 25 hearsay evidence received through the Alaska Public Safety Information Network or 26 from other governmental agencies of prior convictions of driving while intoxicated or 27 refusal to submit to a chemical test may be presented to the grand jury. 28 * Sec. 7. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: 29  (a) Scheduling. At the time guilt in a felony case is established by verdict or 30 plea, the judge shall establish the date for a sentencing hearing and a presentencing 31 hearing, if appropriate, and except as provided under subsection (f) of this rule, 01 shall order a presentence investigation by the Department of Corrections. If the judge 02 elects to schedule a single hearing, all of the procedures for the presentencing and 03 sentencing hearings shall be applicable at the single hearing. 04 * Sec. 8. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new 05 subsection to read: 06  (f) When Presentence Investigation Not Required. Unless a person may be 07 sentenced to a presumptive term of imprisonment under AS 12.55.125(e)(1) or (2), a 08 presentence investigation by the Department of Corrections is not required for a 09 defendant convicted of driving while intoxicated under AS 28.35.030(n) or refusal to 10 submit to a chemical test under AS 28.35.032(p). 11 * Sec. 9. APPLICABILITY. This Act applies to offenses committed on or after the 12 effective date of this Act except that, to the extent the amendments made by this Act involve 13 prior convictions, those prior convictions may have occurred before, on, or after the effective 14 date of this Act. 15 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).