00                              HOUSE BILL NO. 7                                                                           
01 "An Act relating to the offense of reckless driving."                                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 28.35.400(a) is amended to read:                                                                   
04            (a)  A person commits the crime of reckless driving in the second degree if                              
05       the person [WHO] drives a motor vehicle [IN THE STATE] in a manner that creates                               
06       a substantial and unjustifiable risk of harm to a person or to property [IS GUILTY OF                             
07       RECKLESS DRIVING]. A substantial and unjustifiable risk is a risk of such a nature                                
08       and degree that the conscious disregard of it or a failure to perceive it constitutes a                           
09       gross deviation from the standard of conduct that a reasonable person would observe                               
10       in the situation.                                                                                                 
11    * Sec. 2. AS 28.35.400(b) is amended to read:                                                                      
12            (b)  Reckless [A PERSON CONVICTED OF RECKLESS] driving in the first                                  
13       degree is a class C felony and is punishable as provided in AS 12.55. Reckless                              
14       driving in the second degree is [GUILTY OF] a misdemeanor and is punishable by a                              
15       fine of not more than $1,000 or by imprisonment for not more than one year or by                                  
01       both.                                                                                                             
02    * Sec. 3. AS 28.35.400 is amended by adding a new subsection to read:                                              
03            (d)  A person commits the crime of reckless driving in the first degree if the                               
04       person violates (a) of this section and, as a result of the person's driving, a pedestrian                        
05       or bicyclist suffers physical injury.                                                                             
06    * Sec. 4. AS 28.35.410(b) is amended to read:                                                                      
07            (b)  The offense of negligent driving is a lesser offense than, and included in,                             
08       the offense of reckless driving in the second degree, and a person charged with                               
09       reckless driving in the second degree may be convicted of the lesser offense of                               
10       negligent driving.