00 CS FOR SENATE BILL NO. 92(STA) 01 "An Act relating to ignition interlock requirements; relating to limited driver's license 02 privileges for persons convicted of driving while under the influence of an alcoholic 03 beverage, inhalant, or controlled substance and requiring certain persons to utilize 04 ignition interlock devices to qualify for a limited driver's license; relating to probation 05 for driving while under the influence of an alcoholic beverage, inhalant, or controlled 06 substance, and refusal to submit to a chemical test; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 28.01.010 is amended by adding a new subsection to read: 09 (j) A court may not enforce a municipal ordinance prescribing a penalty for 10 driving while under the influence of an alcoholic beverage, inhalant, or controlled 11 substance or refusal to submit to a chemical test unless that ordinance imposes ignition 12 interlock device requirements under this title. 13  * Sec. 2. AS 28.15.201(d) is amended to read: 01 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 02 a license under AS 28.15.181(c), or the department when revoking a driver's license, 03 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 04 limited license privileges if 05 (1) the revocation was for a misdemeanor conviction under 06 AS 28.35.030(a) and not for a violation of AS 28.35.032; 07 (2) the person has 08 (A) not been previously convicted, [AND] the limited license is 09 not granted during the first 30 days of the period of revocation, and the person  10 is not required to use an ignition interlock device under AS 28.35.030(r); 11 (B) been previously convicted, the limited license is not 12 granted during the first 90 days of the period of revocation, and 13 [(i) THE PERSON HAS SUCCESSFULLY 14 COMPLETED A COURT-ORDERED TREATMENT PROGRAM 15 UNDER AS 28.35.028 OR FORMER AS 28.35.030(p); OR 16 (ii)] the court or department requires the person to use 17 an ignition interlock device during the period of the limited license 18 whenever the person operates a motor vehicle in a community not  19 included in the list published by the department under  20 AS 28.22.011(b); 21 (3) the court or the department determines that 22 (A) the person's ability to earn a livelihood would be severely 23 impaired without a limited license; or 24 (B) the person has successfully completed a court-ordered 25 treatment program described under AS 28.35.028 or former AS 28.35.030(p) 26 and the person's ability to earn a livelihood, attend school, or provide for 27 family health would be severely impaired without a limited license; 28 (4) the court or the department determines that a limitation under (a) of 29 this section can be placed on the license that will enable the person to earn a livelihood 30 without excessive danger to the public; 31 (5) the court or the department determines that the person is enrolled in 01 and is in compliance with or has successfully completed the alcoholism screening, 02 evaluation, referral, and program requirements of the Department of Health and Social 03 Services under AS 28.35.030(h); and 04 (6) the person has not been previously convicted under 05 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a vehicle, 06 aircraft, or watercraft under a limited license issued under this section. 07  * Sec. 3. AS 28.35.030(b) is amended to read: 08 (b) Except as provided under (n) of this section, driving while under the 09 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 10 misdemeanor. Upon conviction, 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $1,500 if the person has not been previously convicted; 14 (B) not less than 20 days, require the person to use an  15 ignition interlock device after the person regains the privilege, including  16 any limited privilege, to operate a motor vehicle throughout the period of  17 probation, and impose a fine of not less than $3,000 if the person has been 18 previously convicted once; 19 (C) not less than 60 days, require the person to use an  20 ignition interlock device after the person regains the privilege, including  21 any limited privilege, to operate a motor vehicle throughout the period of  22 probation, and impose a fine of not less than $4,000 if the person has been 23 previously convicted twice and is not subject to punishment under (n) of this 24 section; 25 (D) not less than 120 days, require the person to use an  26 ignition interlock device after the person regains the privilege, including  27 any limited privilege, to operate a motor vehicle throughout the period of  28 probation, and impose a fine of not less than $5,000 if the person has been 29 previously convicted three times and is not subject to punishment under (n) of 30 this section; 31 (E) not less than 240 days, require the person to use an  01 ignition interlock device after the person regains the privilege, including  02 any limited privilege, to operate a motor vehicle throughout the period of  03 probation, and impose a fine of not less than $6,000 if the person has been 04 previously convicted four times and is not subject to punishment under (n) of 05 this section; 06 (F) not less than 360 days, require the person to use an  07 ignition interlock device after the person regains the privilege, including  08 any limited privilege, to operate a motor vehicle throughout the period of  09 probation, and impose a fine of not less than $7,000 if the person has been 10 previously convicted more than four times and is not subject to punishment 11 under (n) of this section; 12 (2) the court may not 13 (A) suspend execution of sentence or grant probation except on 14 condition that the person 15 (i) serve the minimum imprisonment under (1) of this 16 subsection; and 17 (ii) pay the minimum fine required under (1) of this 18 subsection; 19 (B) suspend imposition of sentence; 20 (3) the court shall revoke the person's driver's license, privilege to 21 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 22 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 23 forfeited under AS 28.35.036; and 24 (4) the court may order that the person, while incarcerated or as a 25 condition of probation or parole, take a drug or combination of drugs intended to 26 prevent the consumption of an alcoholic beverage; a condition of probation or parole 27 imposed under this paragraph is in addition to any other condition authorized under 28 another provision of law. 29  * Sec. 4. AS 28.35.030(n) is amended to read: 30 (n) A person is guilty of a class C felony if the person is convicted under (a) of 31 this section and either has been previously convicted two or more times since 01 January 1, 1996, and within the 10 years preceding the date of the present offense, or 02 punishment under this subsection or under AS 28.35.032(p) was previously imposed 03 within the last 10 years. For purposes of determining minimum sentences based on 04 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction, 05 the court 06 (1) shall impose a fine of not less than $10,000, require the person to  07 use an ignition interlock device after the person regains the privilege to operate a  08 motor vehicle throughout the period of probation, and impose a minimum sentence 09 of imprisonment of not less than 10 (A) 120 days if the person has been previously convicted twice; 11 (B) 240 days if the person has been previously convicted three 12 times; 13 (C) 360 days if the person has been previously convicted four 14 or more times; 15 (2) may not 16 (A) suspend execution of sentence or grant probation except on 17 condition that the person 18 (i) serve the minimum imprisonment under (1) of this 19 subsection; and 20 (ii) pay the minimum fine required under (1) of this 21 subsection; or 22 (B) suspend imposition of sentence; 23 (3) shall permanently revoke the person's driver's license, privilege to 24 drive, or privilege to obtain a license subject to restoration of the license under (o) of 25 this section; 26 (4) may order that the person, while incarcerated or as a condition of 27 probation or parole, take a drug or combination of drugs, intended to prevent the 28 consumption of an alcoholic beverage; a condition of probation or parole imposed 29 under this paragraph is in addition to any other condition authorized under another 30 provision of law; 31 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 01 or aircraft used in the commission of the offense, subject to remission under 02 AS 28.35.037; and 03 (6) shall order the department to revoke the registration for any vehicle 04 registered by the department in the name of the person convicted under this 05 subsection; if a person convicted under this subsection is a registered co-owner of a 06 vehicle or is registered as a co-owner under a business name, the department shall 07 reissue the vehicle registration and omit the name of the person convicted under this 08 subsection. 09  * Sec. 5. AS 28.35.030(r) is amended to read: 10 (r) If a person is convicted under (a) of this section, the person has not been  11 previously convicted, and it is determined by the trier of fact that, as determined by a 12 chemical test taken within four hours after the offense was committed, 13 (1) there was at least 0.16 percent by weight of alcohol in the person's 14 blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 15 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of 16 alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol 17 per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters 18 of the person's breath, the court shall require the person to use an ignition interlock 19 device as provided in AS 12.55.102 for a minimum of six months after the person 20 regains the privilege, including any limited privilege, to operate a motor vehicle; 21 (2) there was 0.24 percent or more by weight of alcohol in the person's 22 blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there 23 was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall 24 require the person to use an ignition interlock device as provided in AS 12.55.102 for 25 a minimum of one year after the person regains the privilege, including any limited 26 privilege, to operate a motor vehicle. 27  * Sec. 6. AS 28.35.030 is amended by adding new subsections to read: 28 (u) In addition to penalties provided in (a) or (n) of this section, the court may 29 place a person convicted under those subsections on probation for a period of not more 30 than 10 years following a term of imprisonment, including any suspended term of 31 imprisonment. The court may place a limitation on the person's driver's license during 01 the term of the probation as provided in AS 28.15.201(d). 02 (v) Notwithstanding (b), (n), or (r) of this section, the court shall waive the 03 requirement of the use of an ignition interlock device when a person operates a motor 04 vehicle in a community included on the list published by the department under 05 AS 28.22.011(b). 06  * Sec. 7. AS 28.35.032(g) is amended to read: 07 (g) Upon conviction under this section, 08 (1) the court shall impose a minimum sentence of imprisonment of 09 (A) not less than 72 consecutive hours and a fine of not less 10 than $1,500 if the person has not been previously convicted; 11 (B) not less than 20 days, require the person to use an  12 ignition interlock device after the person regains the privilege to operate a  13 motor vehicle throughout the period of probation, and impose a fine of not 14 less than $3,000 if the person has been previously convicted once; 15 (C) not less than 60 days, require the person to use an  16 ignition interlock device after the person regains the privilege to operate a  17 motor vehicle throughout the period of probation, and impose a fine of not 18 less than $4,000 if the person has been previously convicted twice and is not 19 subject to punishment under (p) of this section; 20 (D) not less than 120 days, require the person to use an  21 ignition interlock device after the person regains the privilege to operate a  22 motor vehicle throughout the period of probation, and impose a fine of not 23 less than $5,000 if the person has been previously convicted three times and is 24 not subject to punishment under (p) of this section; 25 (E) not less than 240 days, require the person to use an  26 ignition interlock device after the person regains the privilege to operate a  27 motor vehicle throughout the period of probation, and impose a fine of not 28 less than $6,000 if the person has been previously convicted four times and is 29 not subject to punishment under (p) of this section; 30 (F) not less than 360 days, require the person to use an  31 ignition interlock device after the person regains the privilege to operate a  01 motor vehicle throughout the period of probation, and impose a fine of not 02 less than $7,000 if the person has been previously convicted more than four 03 times and is not subject to punishment under (p) of this section; 04 (2) the court may not 05 (A) suspend execution of the sentence required by (1) of this 06 subsection or grant probation, except on condition that the person 07 (i) serve the minimum imprisonment under (1) of this 08 subsection; and 09 (ii) pay the minimum fine required under (1) of this 10 subsection; or 11 (B) suspend imposition of sentence; 12 (3) the court shall revoke the person's driver's license, privilege to 13 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 14 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 15 forfeited under AS 28.35.036; 16 (4) the court may order that the person, while incarcerated or as a 17 condition of probation or parole, take a drug or combination of drugs intended to 18 prevent the consumption of an alcoholic beverage; a condition of probation or parole 19 imposed under this paragraph is in addition to any other condition authorized under 20 another provision of law; and 21 (5) the sentence imposed by the court under this subsection shall run 22 consecutively with any other sentence of imprisonment imposed on the person. 23  * Sec. 8. AS 28.35.032(p) is amended to read: 24 (p) A person is guilty of a class C felony if the person is convicted under this 25 section and either has been previously convicted two or more times since January 1, 26 1996, and within the 10 years preceding the date of the present offense, or punishment 27 under this subsection or under AS 28.35.030(n) was previously imposed within the 28 last 10 years. For purposes of determining minimum sentences based on previous 29 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction, 30 (1) the court shall impose a fine of not less than $10,000, require the  31 person to use an ignition interlock device after the person regains the privilege to  01 operate a motor vehicle throughout the period of probation, and impose a 02 minimum sentence of imprisonment of not less than 03 (A) 120 days if the person has been previously convicted twice; 04 (B) 240 days if the person has been previously convicted three 05 times; 06 (C) 360 days if the person has been previously convicted four 07 or more times; 08 (2) the court may not 09 (A) suspend execution of the sentence required by (1) of this 10 subsection or grant probation, except on condition that the person 11 (i) serve the minimum imprisonment under (1) of this 12 subsection; and 13 (ii) pay the minimum fine required under (1) of this 14 subsection; or 15 (B) suspend imposition of sentence; 16 (3) the court shall permanently revoke the person's driver's license, 17 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 18 this section; 19 (4) the court may order that the person, while incarcerated or as a 20 condition of probation or parole, take a drug, or combination of drugs, intended to 21 prevent consumption of an alcoholic beverage; a condition of probation or parole 22 imposed under this paragraph is in addition to any other condition authorized under 23 another provision of law; 24 (5) the sentence imposed by the court under this subsection shall run 25 consecutively with any other sentence of imprisonment imposed on the person; 26 (6) the court shall order forfeiture under AS 28.35.036, of the motor 27 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 28 remission under AS 28.35.037; and 29 (7) the court shall order the department to revoke the registration for 30 any vehicle registered by the department in the name of the person convicted under 31 this subsection; if a person convicted under this subsection is a registered co-owner of 01 a vehicle, the department shall reissue the vehicle registration and omit the name of 02 the person convicted under this subsection. 03  * Sec. 9. AS 28.35.032 is amended by adding new subsections to read: 04 (u) In addition to penalties provided in (a) or (p) of this section, the court may 05 place a person convicted under those subsections on probation for a period of not more 06 than 10 years following a term of imprisonment, including any suspended term of 07 imprisonment. The court may place a limitation on the person's driver's license during 08 the term of the probation as provided in AS 28.15.201(d). 09 (v) Notwithstanding (g) or (p) of this section, the court shall waive the 10 requirement of the use of an ignition interlock device when a person operates a motor 11 vehicle in a community included on the list published by the department under 12 AS 28.22.011(b). 13  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 16 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 17 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 18 license or may receive a limited license as provided in AS 28.15.201 and is subject to 19 penalties for violating the limitations on that license as provided in AS 28.15.291. 20  * Sec. 11. This Act takes effect January 1, 2008.