00 SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD)  01 "An Act relating to possession, control, or consumption of alcohol by a person 02 under 21 years of age; relating to revocation and reinstatement of the driver's 03 license of a person at least 14 years of age but not yet 21 years of age; and 04 relating to offenses involving operating a motor vehicle by a person not yet 21 05 years of age." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.16.050(b) is repealed and reenacted to read: 08  (b) A person who violates (a) of this section is guilty of a 09  (1) violation and upon conviction the court may impose a fine of not 10 less than $100; 11  (2) class B misdemeanor if, within the five years preceding the 12 violation, the person has been previously convicted twice under (a) of this section; or 13  (3) class A misdemeanor if, within the five years preceding the 14 violation, the person has been previously convicted three or more times under (a) of 01 this section. 02 * Sec. 2. AS 28.15.183(a) is amended to read: 03  (a) If a peace officer has probable cause to believe that a person who is at 04 least 14 years of age but not yet 21 years of age has possessed or used a controlled 05 substance in violation of AS 11.71 [,] or a municipal ordinance with substantially 06 similar elements, [OR] possessed or consumed alcohol in violation of AS 04.16.050 07 or a municipal ordinance with substantially similar elements, operated a vehicle after 08 consuming alcohol  or a controlled substance  in violation of AS 28.35.280, or refused 09 to submit to a chemical test under AS 28.35.285, and the peace officer has cited the 10 person or arrested the person for  the offense [A VIOLATION OF AS 11.71, 11 AS 04.16.050, AS 28.35.280, OR 28.35.285 OR THE MUNICIPAL ORDINANCE 12 WITH SUBSTANTIALLY SIMILAR ELEMENTS], the peace officer shall read a 13 notice and deliver a copy to the person. The notice must advise that 14  (1) the department intends to revoke the person's driver's license or 15 permit, privilege to drive, or privilege to obtain a license or permit; 16  (2) the person has the right to administrative review of the revocation; 17  (3) if the person has a driver's license or permit, the notice itself is a 18 temporary driver's license or permit that expires  10 [SEVEN] days after it is delivered 19 to the person; 20  (4) revocation of the person's driver's license or permit, privilege to 21 drive, or privilege to obtain a license or permit, takes effect  10 [SEVEN] days after 22 delivery of the notice to the person unless the person, within  10 [SEVEN] days, 23 requests an administrative review; 24  (5) if the person has been cited under AS 28.35.280 or under 25 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, 26 aircraft, or watercraft during the 24 hours following issuance of the citation. 27 * Sec. 3. AS 28.15.183(c) is amended to read: 28  (c) Unless the person has requested an administrative review, the department 29 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 30 obtain a license or permit, effective  10  [SEVEN] days after delivery to the person of 31 the notice required under (a) of this section, upon receipt of a sworn report of a peace 01 officer 02  (1) that the officer had probable cause to believe that the person is at 03 least 14 years of age but not yet 21 years of age and has  violated one of the offenses 04 described in (a) of this section [POSSESSED OR USED A CONTROLLED 05 SUBSTANCE IN VIOLATION OF AS 11.71, OR A MUNICIPAL ORDINANCE 06 WITH SUBSTANTIALLY SIMILAR ELEMENTS, OR POSSESSED OR 07 CONSUMED ALCOHOL IN VIOLATION OF AS 04.16.050 OR A MUNICIPAL 08 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, OPERATED A 09 VEHICLE AFTER CONSUMING ALCOHOL IN VIOLATION OF AS 28.35.280, OR 10 REFUSED TO SUBMIT TO A CHEMICAL TEST OF BREATH UNDER 11 AS 28.35.285]; 12  (2) that the peace officer has cited  or arrested the person [OR 13 ARRESTED THE PERSON] for 14  (A) a violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 15 28.35.285; or 16  (B) possession or use of a controlled substance or alcohol in 17 violation of a municipal ordinance with substantially similar elements; 18  (3) that notice under (a) of this section was provided to the person; and 19  (4) describing the circumstances surrounding the  offense [VIOLATION 20 OF THE CONTROLLED SUBSTANCES PROVISIONS OF AS 11.71, THE 21 ALCOHOLIC BEVERAGES PROVISIONS OF AS 04.16.050, OR THE MUNICIPAL 22 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, THE MINOR 23 OPERATING A VEHICLE AFTER CONSUMING ALCOHOL UNDER 24 PROVISIONS OF AS 28.35.280, OR THE MINOR REFUSING TO SUBMIT TO A 25 CHEMICAL TEST OF BREATH UNDER PROVISIONS OF AS 28.35.285]. 26 * Sec. 4. AS 28.15.183(d) is amended to read: 27  (d) The department shall impose the revocation required under this section 28  (1) for a first revocation, for a period of  30 [90] days; 29  (2) for a second revocation, for a period of  60 days [ONE YEAR]; 30 [OR] 31  (3) for a third [OR SUBSEQUENT] revocation, for a period of  90 01 days; or 02  (4) for a fourth or subsequent revocation, for a period of one year 03 [THREE YEARS]. 04 * Sec. 5. AS 28.15.183(f) is amended to read: 05  (f) A revocation imposed under this section shall be consecutive to a 06 revocation imposed under another provision of law, except that  (1)  a revocation 07 imposed under this section  shall be concurrent with a prior revocation imposed 08 under this section; and (2) a revocation imposed under this section  for an offense 09 for which a revocation is required under AS 28.15.185 shall be concurrent with a 10 revocation imposed under AS 28.15.185 that is based on the same incident. A 11 [DEPARTMENT HEARING OFFICER MAY GRANT LIMITED LICENSE 12 PRIVILEGES IN ACCORDANCE WITH THE STANDARDS SET OUT IN 13 AS 28.15.201 TO A] person whose driver's license, permit, or privilege was revoked 14 for a period of at least 60 days under this section  may apply for limited license 15 privileges under AS 28.15.201(d). A person whose driver's license, permit, or 16 privilege to drive was revoked for a period of more than one year under this 17 section may apply for reinstatement as provided under (j) of this section . 18 * Sec. 6. AS 28.15.183(g) is amended to read: 19  (g) Except as provided under (h) of this section, the department may not issue 20 a new license or reissue a license to a person whose driver's license, permit, or 21 privilege to drive has been revoked under this section unless the person is enrolled in 22 and is in compliance with, or has successfully completed, 23  (1) an alcoholism education or rehabilitation treatment program 24 approved under AS 47.37, if the revocation resulted from possession or consumption 25 of alcohol in violation of AS 04.16.050 or a municipal ordinance with substantially 26 similar elements, from operating a vehicle after consuming alcohol in violation of 27 AS 28.35.280, or from refusal to submit to a chemical test of breath in violation of 28 AS 28.35.285; or 29  (2) a drug education or rehabilitation treatment program, if the 30 revocation resulted from  operating a vehicle after consuming a controlled substance 31 in violation of AS 28.35.280 or possession or use of a controlled substance in 01 violation of AS 11.71 or a municipal ordinance with substantially similar elements. 02 * Sec. 7. AS 28.15.183 is amended by adding a new section to read: 03  (j) A person whose driver's license, permit, or privilege was revoked under 04 this section may apply for reinstatement of the person's driver's license as provided in 05 this subsection. A person may apply to the department for reinstatement by filing a 06 written request for review of the revocation imposed under this section with the 07 department. The department shall issue a new license or reissue the person's driver's 08 license 09  (1) as provided under AS 28.15.211(d) if the department finds that 10  (A) the application for reinstatement is filed at least one year 11 after the person's license, permit, or privilege was revoked; 12  (B) the person complies with (g) of this section; and 13  (C) the person has not violated a provision of this title or a 14 regulation of the department since the revocation; or 15  (2) immediately if a court or jury finds that the person is not guilty 16 of the offense described under (a) of this section for which the person was cited or 17 arrested. 18 * Sec. 8. AS 28.15.184(b) is amended to read: 19  (b) A request for review of the department's revocation under AS 28.15.183 20 shall be made within  10 [SEVEN] days after receipt of the notice under AS 28.15.183 21 or the right to review is waived and the action of the department under 22 AS 28.15.183(c) is final. If a written request for a review is made after expiration of 23 the  10-day [SEVEN-DAY] period, and if it is accompanied by the applicant's verified 24 statement explaining the failure to make a timely request for a review, the department 25 shall receive and consider the request. If the department finds that the person was 26 unable to make a timely request because of lack of actual notice of the revocation or 27 because of factors of physical incapacity such as hospitalization or incarceration, the 28 department shall waive the period of limitation, reopen the matter, and grant the review 29 request. 30 * Sec. 9. AS 28.15.184(g) is amended to read: 31  (g) The hearing for review of a revocation by the department under 01 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 02 of age but not yet 21 years of age and whether the person possessed or used a 03 controlled substance in violation of AS 11.71 or a municipal ordinance with 04 substantially similar elements, or possessed or consumed alcohol in violation of 05 AS 04.16.050 or a municipal ordinance with substantially similar elements, operated 06 a vehicle after consuming alcohol  or a controlled substance in violation of 07 AS 28.35.280, or refused to submit to a chemical test of breath in violation of 08 AS 28.35.285. 09 * Sec. 10. AS 28.15.185(a) is amended to read: 10  (a) A person who is at least 13 years of age but not older than 17 years of age 11 is subject to revocation, under (b) of this section, of the person's driver's license, 12 privilege to drive, or privilege to obtain a license if the person is convicted of or is 13 adjudicated a delinquent minor by a court for 14  (1) misconduct involving a controlled substance under AS 11.71 or a 15 municipal ordinance with substantially similar elements; [OR] 16  (2) an offense involving the illegal use or possession of a firearm that 17 is punishable under AS 11 or a municipal ordinance with substantially similar 18 elements ; or 19  (3) possession or consumption of alcohol under AS 04.16.050 or a 20 municipal ordinance with substantially similar elements if, within five years 21 preceding the conviction for violating AS 04.16.050, the person has been 22 previously convicted two or more times of violating AS 04.16.050 . 23 * Sec. 11. AS 28.15.185(c) is amended to read: 24  (c) When a person described in (a) of this section has been convicted of or 25 adjudicated a delinquent minor for an offense listed in (a) of this section, the court 26 may, upon petition of the person, review the revocation and may restore the driver's 27 license, except a court may not restore the driver's license until 28  (1) at least one-half of the period of revocation imposed under this 29 section has expired; and 30  (2) the person has taken and successfully completed a state approved 31 program of drug education or rehabilitation if convicted or adjudicated of misconduct 01 involving a controlled substance under AS 11.71 or a municipal ordinance with 02 substantially similar elements , or alcohol education or rehabilitation if convicted or 03 adjudicated of possession or consumption of alcohol under AS 04.16.050 or a 04 municipal ordinance with substantially similar elements ; however, this paragraph 05 does not apply to a person who resides in an area that does not offer a state approved 06 drug  or alcohol  education or rehabilitation program or a person that the court 07 determines does not need drug  or alcohol  education or rehabilitation. 08 * Sec. 12. AS 28.35.280(a) is amended to read: 09  (a) A person who is at least 14 years of age but not yet 21 years of age 10 commits the offense of minor operating a vehicle after consuming alcohol  or a 11 controlled substance  if the person operates or drives a motor vehicle or operates an 12 aircraft or a watercraft after having consumed any quantity of alcohol  or any quantity 13 of a controlled substance in violation of AS 11.71 . A peace officer who has 14 probable cause to believe that a person has committed the offense of minor operating 15 a vehicle after consuming alcohol  or a controlled substance may 16  (1) place the person under arrest; 17  (2) request that the person submit to a chemical test or tests of the 18 person's breath for the purpose of determining the alcoholic content of the person's 19 blood or breath; and 20  (3) transport the person to a location at which a chemical or other test 21 authorized under (2) of this subsection may be administered. 22 * Sec. 13. AS 28.35.280(b) is amended to read: 23  (b) If a chemical test under this section reveals any alcohol concentration 24 within the person's blood or breath  or the police officer has probable cause to 25 believe the person has consumed a controlled substance in violation of AS 11.71 , 26 the person shall be cited for violating this section and then released unless there is a 27 lawful reason for further detention. A person who is 18 years of age or older shall be 28 released on the person's own recognizance. A person who is under the age of 18 shall 29 be released to a parent, guardian, or legal custodian. 30 * Sec. 14. AS 28.35.280(d) is repealed and reenacted to read: 31  (d) A person convicted under this section is guilty of a 01  (1) class B misdemeanor; or 02  (2) class A misdemeanor if, within the five years preceding the 03 violation, the person has been previously convicted under this section. 04 * Sec. 15. AS 28.35.285(d) is repealed and reenacted to read: 05  (d) A person convicted under (a) of this section is guilty of a 06  (1) class B misdemeanor; or 07  (2) class A misdemeanor if, within the five years preceding the 08 violation, the person has been previously convicted under this section. 09 * Sec. 16. AS 28.35.290(a) is amended to read: 10  (a) A person who has been cited for minor operating a vehicle after consuming 11 alcohol  or a controlled substance under AS 28.35.280 or for refusal to submit to a 12 chemical test of breath under AS 28.35.285 may not operate a motor vehicle, aircraft, 13 or watercraft during the 24 hours following issuance of the citation. 14 * Sec. 17. AS 28.35.290(b) is repealed and reenacted to read: 15  (b) A person convicted under (a) of this section is guilty of a 16  (1) class B misdemeanor; or 17  (2) class A misdemeanor if, within the five years preceding the 18 violation, the person has been previously convicted under this section. 19 * Sec. 18. Sections 14, 15, 16, and 23, ch. 143, SLA 1996 are repealed. 20 * Sec. 19. APPLICABILITY. (a) Section 7 of this Act applies to a driver's license 21 revocation occurring before, on, or after the effective date of this Act. 22 (b) Sections 1 - 6, 8, and 9 of this Act apply to a driver's license revocation for an 23 offense that occurs on or after the effective date of this Act. 24 (c) Sections 10 - 17 apply to offenses that occur on or after the effective date of this 25 Act.