HB 136: "An Act relating to the offenses of driving while intoxicated and refusal to submit to a breath test; and providing for an effective date."
00HOUSE BILL NO. 136 01 "An Act relating to the offenses of driving while intoxicated and refusal to 02 submit to a breath test; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.35.030(b) is amended to read: 05 (b) Driving while intoxicated is a class A misdemeanor. Upon conviction 06 (1) the court shall impose a minimum sentence of imprisonment of 07 (A) not less than 72 consecutive hours and a fine of not less 08 than $250 if the person has not been previously convicted; imprisonment 09 required under this paragraph shall be served at a halfway house or, if a 10 halfway house is not available, another appropriate facility and the cost of 11 the imprisonment shall be paid by the person sentenced under this 12 paragraph; payment of the cost of imprisonment is not required if the 13 court determines the person is indigent; for costs of imprisonment that are 14 not paid by the person sentenced under this paragraph, including costs not
01 paid due to indigency, the state shall seek reimbursement from the 02 person's permanent fund dividend as provided under AS 43.23.065; while 03 at the halfway house or other appropriate facility, the person shall perform 04 at least 24 hours of community service work as directed by the director of 05 the halfway house or other appropriate facility; 06 (B) not less than 20 days and a fine of not less than $500 if the 07 person has been previously convicted once; 08 (C) not less than 60 days and a fine of not less than $1,000 if 09 the person has been previously convicted twice; 10 (D) not less than 120 days and a fine of not less than $2,000 11 if the person has been previously convicted three times; 12 (E) not less than 240 days and a fine of not less than $3,000 if 13 the person has been previously convicted four times; 14 (F) not less than 360 days and a fine of not less than $4,000 if 15 the person has been previously convicted more than four times; 16 (2) the court may not 17 (A) suspend execution of sentence or grant probation except on 18 condition that the person serve the minimum imprisonment under (1) of this 19 subsection; 20 (B) suspend imposition of sentence; 21 (3) the court shall revoke the person's driver's license, privilege to 22 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 23 vehicle or aircraft that was used in commission of the offense to be forfeited under 24 AS 28.35.036. 25 * Sec. 2. AS 28.35.032(g) is amended to read: 26 (g) Upon conviction under this section 27 (1) the court shall impose a minimum sentence of imprisonment of 28 (A) not less than 72 consecutive hours and a fine of not less 29 than $250 if the person has not been previously convicted; imprisonment 30 required under this paragraph shall be served at a halfway house or, if a 31 halfway house is not available, another appropriate facility and the cost of
01 the imprisonment shall be paid by the person sentenced under this 02 paragraph; payment of the cost of imprisonment is not required if the 03 court determines the person is indigent; for costs of imprisonment that are 04 not paid by the person sentenced under this paragraph, including costs not 05 paid due to indigency, the state shall seek reimbursement from the 06 person's permanent fund dividend as provided under AS 43.23.065; while 07 at the halfway house or other appropriate facility, the person shall perform 08 at least 24 hours of community service work as directed by the director 09 of the halfway house or other appropriate facility; 10 (B) not less than 20 days and a fine of not less than $500 if the 11 person has been previously convicted once; 12 (C) not less than 60 days and a fine of not less than $1,000 if 13 the person has been previously convicted twice; 14 (D) not less than 120 days and a fine of not less than $2,000 15 if the person has been previously convicted three times; 16 (E) not less than 240 days and a fine of not less than $3,000 if 17 the person has been previously convicted four times; 18 (F) not less than 360 days and a fine of not less than $4,000 if 19 the person has been previously convicted more than four times; 20 (2) the court may not 21 (A) suspend execution of the sentence required by (1) of this 22 subsection or grant probation, except on condition that the person serve the 23 minimum imprisonment under (1) of this subsection; or 24 (B) suspend imposition of sentence; 25 (3) the court shall revoke the person's driver's license, privilege to 26 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 27 vehicle or aircraft that was used in commission of the offense be forfeited under 28 AS 28.35.036; and 29 (4) the sentence imposed by the court under this subsection shall run 30 consecutively with any other sentence of imprisonment imposed on the person. 31 * Sec. 3. AS 28.35.036(a) is amended to read:
01 (a) After conviction of an offense under AS 28.35.030 or 28.35.032, the state 02 shall [MAY] move the court to order the forfeiture of the motor vehicle, or aircraft 03 involved in the commission of the offense if the convicted person has been previously 04 convicted within two years preceding the date of the present offense in this or 05 another jurisdiction of more than one of the following offenses or has more than once 06 been previously convicted of one of the following offenses: 07 (1) driving while intoxicated under AS 28.35.030 or another law or 08 ordinance with substantially similar elements; or 09 (2) refusal to submit to a chemical test under AS 28.35.032 or another 10 law or ordinance with substantially similar elements. 11 * Sec. 4. APPLICABILITY. (a) This Act applies to offenses that are committed after 12 June 30, 1993. 13 (b) AS 28.35.036(a), as amended by sec. 3 of this Act, applies whether the previous 14 convictions occurred before, on, or after the effective date of this Act. 15 * Sec. 5. This Act takes effect July 1, 1993.