00 CS FOR HOUSE BILL NO. 98(FIN) 01 "An Act relating to minor consuming and repeat minor consuming; relating to penalties 02 for violations of limitations on possessing, sending, shipping, transporting, or bringing 03 alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages 04 to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic 05 beverages in, a local option area; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.16.050(c) is amended to read: 08 (c) A person is guilty of repeat minor consuming or in possession or control if 09 the person was previously granted a suspended imposition of sentence [PLACED 10 ON PROBATION] under (b)(1) of this section, has a prior conviction under (b)(2) 11 of this section, or has been previously convicted once, and the person violates (a) of 12 this section. Upon conviction in the district court, the court shall 13 (1) impose a fine of $1,000 and require at least 48 hours of community 01 work; 02 (2) revoke the person's driver's license for three months; 03 (3) take possession of the person's driver's license; and 04 (4) suspend up to $500 of the fine and place the person on probation 05 for up to one year under (e) of this section. 06 * Sec. 2. AS 04.16.050(d) is amended to read: 07 (d) A person is guilty of habitual minor consuming or in possession or control 08 if the person has a prior conviction [WAS PLACED ON PROBATION] under (c) of 09 this section, or has been previously convicted two or more times [TWICE], and the 10 person violates (a) of this section. Habitual minor consuming or in possession or 11 control is a class B misdemeanor. Upon conviction, the court may impose an 12 appropriate period of imprisonment and fine and place the person on probation under 13 (e) of this section for one year, or until the person is 21 years of age, whichever is 14 later, and shall 15 (1) impose at least 96 hours of community work; 16 (2) revoke the person's driver's license for six months; 17 (3) within five working days, notify the agency responsible for the 18 administration of motor vehicle laws of the revocation; and 19 (4) take possession of the person's driver's license. 20 * Sec. 3. AS 04.16.200(h) is amended to read: 21 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 22 section, the court 23 (1) shall impose a fine of not less than $10,000 and a minimum 24 sentence of imprisonment of 25 (A) 120 days if the person has not been previously convicted 26 [ONCE]; 27 (B) 240 days if the person has been previously convicted once 28 [TWO TIMES]; 29 (C) 360 days if the person has been previously convicted two 30 [THREE] or more times; 31 (2) may not 01 (A) suspend execution of sentence or grant probation except on 02 the condition that the person 03 (i) serve the minimum imprisonment under (1) of this 04 subsection; and 05 (ii) pay the minimum fine required under (1) of this 06 subsection; or 07 (B) suspend imposition of sentence. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. AS 04.16.200(h), as amended by sec. 3 of this Act, applies to an 11 offense occurring on or after the effective date of this Act. References to previous convictions 12 in sec. 3 of this Act apply to convictions occurring before, on, or after the effective date of 13 this Act. 14 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).