00 CS FOR SENATE BILL NO. 82(JUD) 01 "An Act relating to revocation of a driver's license for illegal possession or use 02 of a controlled substance or illegal possession or consumption of alcohol by a 03 person at least 13 but not yet 21 years of age; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.15.183(a) is amended to read: 07  (a) If a peace officer has probable cause to believe [AND BASED ON 08 PERSONAL OBSERVATION] that a person who is at least 14 years of age but not 09 yet 21 years of age has possessed or used a controlled substance in violation of 10 AS 11.71 or a municipal ordinance, or possessed or consumed alcohol in violation 11 of AS 04.16.050 or a municipal ordinance, and the peace officer has cited the person 12 or arrested the person for a violation of AS 11.71, [OR] AS 04.16.050, or the 13 municipal ordinance, the peace officer shall read a notice and deliver a copy to the 14 person. The notice must advise that 01  (1) the department intends to revoke the person's driver's license or 02 permit, privilege to drive, or privilege to obtain a license or permit; 03  (2) the person has the right to administrative review of the revocation; 04  (3) if the person has a driver's license or permit, the notice itself is a 05 temporary driver's license or permit that expires seven days after it is delivered to the 06 person; 07  (4) revocation of the person's driver's license or permit, privilege to 08 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 09 of the notice to the person unless the person, within seven days, requests an 10 administrative review. 11 * Sec. 2. AS 28.15.183(c) is amended to read: 12  (c) Unless the person has requested an administrative review, the department 13 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 14 obtain a license or permit, effective seven days after delivery to the person of the 15 notice required under (a) of this section, upon receipt of a sworn report of a peace 16 officer 17  (1) that the officer had probable cause to believe [AND BASED ON 18 PERSONAL OBSERVATIONS] that the person is at least 14 years of age but not yet 19 21 years of age and has possessed or used a controlled substance in violation of 20 AS 11.71 or a municipal ordinance, or possessed or consumed alcohol in violation 21 of AS 04.16.050 or a municipal ordinance; 22  (2) that the peace officer has cited the person or arrested the person for 23 a violation of AS 11.71, [OR] AS 04.16.050, or a municipal ordinance; 24  (3) that notice under (a) of this section was provided to the person; and 25  (4) describing the circumstances surrounding the violation of the 26 controlled substances provisions of AS 11.71, [OR] the alcoholic beverages provisions 27 of AS 04.16.050, or the municipal ordinance. 28 * Sec. 3. AS 28.15.183(g) is amended to read: 29  (g) Except as provided under (h) of this section, the department may not issue 30 a new license or reissue a license to a person whose driver's license, permit, or 31 privilege to drive has been revoked under this section unless the person is enrolled in 01 and is in compliance with, or has successfully completed 02  (1) an alcoholism education and rehabilitation treatment program, if the 03 revocation resulted from possession or consumption of alcohol in violation of 04 AS 04.16.050 or a municipal ordinance; or 05  (2) a drug rehabilitation treatment program, if the revocation resulted 06 from possession or use of a controlled substance in violation of AS 11.71 or a 07 municipal ordinance. 08 * Sec. 4. AS 28.15.184(g) is amended to read: 09  (g) The hearing for review of a revocation by the department under 10 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 11 of age but not yet 21 years of age and whether the person possessed or used a 12 controlled substance in violation of AS 11.71 or a municipal ordinance, or possessed 13 or consumed alcohol in violation of AS 04.16.050 or a municipal ordinance. 14 * Sec. 5. AS 28.15.185(a) is amended to read: 15  (a) A person who is at least 13 years of age but not older than 17 years of age 16 who is adjudicated by a juvenile court of (1) misconduct involving a controlled 17 substance under AS 11.71 or a municipal ordinance, or (2) possession or 18 consumption of alcohol under AS 04.16.050 or a municipal ordinance is subject to 19 revocation of the person's driver's license under (b) of this section. 20 * Sec. 6. AS 28.15.185(c) is amended to read: 21  (c) Upon conviction or adjudication of an offense listed in (a) of this section, 22 the court may, upon petition of the person, review the revocation and may restore the 23 driver's license, except a court may not restore the driver's license until 24  (1) at least one-half of the period of revocation imposed under this 25 section has expired; and 26  (2) the person has taken and successfully completed a state approved 27 program of drug rehabilitation if convicted of misconduct involving a controlled 28 substance under AS 11.71 or a municipal ordinance, or alcohol rehabilitation if 29 convicted of possession or consumption of alcohol under AS 04.16.050 or a 30 municipal ordinance; this paragraph does not apply to a person who resides in an area 31 that does not offer a state approved drug or alcohol rehabilitation program or a person 01 that the court determines does not need alcohol or drug rehabilitation. 02 * Sec. 7. APPLICABILITY. This Act applies to violations of AS 04.16.050, AS 11.71, 03 or a municipal ordinance that occur on or after the effective date of this Act. 04 * Sec. 8. This Act takes effect July 1, 1995.