HB 444: "An Act relating to sobriety checkpoints; and providing for an effective date."

00HOUSE BILL NO. 444 01 "An Act relating to sobriety checkpoints; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. FINDINGS AND PURPOSE. The legislature finds that sobriety checkpoints 04 on highways and roads in this state are necessary to detect persons who are, and deter persons 05 from, driving while impaired by alcohol or drugs. The legislature further finds that the public 06 interest in safety on highways and roads outweighs the minimally intrusive detainment and 07 search associated with sobriety checkpoints conducted in accordance with a statutory plan 08 embodying explicit, neutral limitations on the conduct of individual law enforcement officers. 09 This Act implements the right of privacy in art. I, sec. 22, Constitution of the State of Alaska 10 as it relates to persons driving on Alaska highways and roads. 11 * Sec. 2. AS 12 is amended by adding a new chapter to read: 12 CHAPTER 38. SOBRIETY CHECKPOINTS. 13  Sec. 12.38.010. OPERATION OF A SOBRIETY CHECKPOINT. A law 14 enforcement agency may establish and operate a sobriety checkpoint under a court

01 order issued under AS 12.38.020. In operating a sobriety checkpoint under such a 02 court order, a law enforcement officer may stop a motor vehicle and detain the driver. 03 A driver shall stop and remain at a sobriety checkpoint as directed by a law 04 enforcement officer. 05  Sec. 12.38.020. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. (a) 06 A sobriety checkpoint may be established and operated under written order of the 07 court. 08  (b) Upon the request of a law enforcement agency, a judge may issue a written 09 order to authorize the establishment and operation of a sobriety checkpoint if 10  (1) the law enforcement agency submits to the judge a written plan 11 describing the following: 12  (A) the location of the checkpoint with a statement of reasons 13 for the selection of the location; 14  (B) the date, time, and duration of the checkpoint; 15  (C) the sequence of motor vehicles to be stopped; 16  (D) the inspection or inquiry to be conducted to carry out the 17 purpose of the checkpoint; 18  (E) the names of the law enforcement officer or officers in 19 charge of the checkpoint; 20  (F) the configuration and location of signs, barriers, and other 21 means of informing drivers that they must stop and remain at the checkpoint 22 and directing the drivers to the place to stop; 23  (G) the notice to be given to the public of the dates and hours, 24 but not the location, of the checkpoint; 25  (H) the instructions to be given to the law enforcement officers 26 operating the checkpoint; and 27  (2) the judge makes a determination that the written plan for the 28 checkpoint appropriately 29  (A) minimizes the length of time each driver will be delayed at 30 the checkpoint; 31  (B) minimizes the intrusion to the driver caused by the

01 inspection or inquiry at the checkpoint; 02  (C) minimizes the fear and anxiety that the drivers will 03 experience by stopping at the checkpoint; 04  (D) minimizes the degree of individual discretion to be 05 exercised by the law enforcement officers operating the checkpoint; and 06  (E) maximizes the safety of the driver, the law enforcement 07 officers, and the public. 08  (c) Upon determination by the judge that a plan meets the requirements of (b) 09 of this section, the judge shall sign an order authorizing the sobriety checkpoint and 10 issue it to the requesting law enforcement agency. The court shall retain a copy of the 11 order under seal. The order becomes a public document 24 hours after the last date 12 that the checkpoint was authorized to be in operation. 13  (d) The requesting law enforcement agency shall provide to the law 14 enforcement officer or officers in charge of a sobriety checkpoint a copy of the plan 15 and of the court order issued under (b) of this section, and shall ensure that a copy of 16 the plan and court order are present at the checkpoint during operation of the 17 checkpoint. 18  (e) Law enforcement officers operating a sobriety checkpoint shall substantially 19 conform their activities to the procedures outlined in the plan. 20  (f) Upon request of a driver who is stopped at a sobriety checkpoint, a law 21 enforcement officer present at the checkpoint shall exhibit a copy of the plan and of 22 the court order issued under (b) of this section. 23  (g) Within 10 days after the last date that a sobriety checkpoint was authorized 24 to be in operation, a law enforcement officer shall report to the court on the activities 25 conducted under the order. 26  Sec. 12.38.030. PENALTY FOR FAILURE TO STOP. A person who 27 knowingly passes a sobriety checkpoint authorized under AS 12.38.020 without 28 stopping and remaining as required is guilty of a class A misdemeanor. 29  Sec. 12.38.900. DEFINITIONS. In this chapter, unless the context requires 30 otherwise, 31  (1) "highway" has the meaning given in AS 28.40.100;

01  (2) "law enforcement agency" means the Department of Public Safety 02 or a municipal police department; 03  (3) "law enforcement officer" means a peace officer as defined in 04 AS 01.10.060 or AS 11.81.900(b); 05  (4) "judge" means a judicial officer as defined in AS 22.20.010; 06  (5) "motor vehicle" means the same as "vehicle" in AS 28.40.100; 07  (6) "plan" means the written plan submitted under AS 12.38.020(b). 08  (7) "sobriety checkpoint" means a roadblock procedure by which a law 09 enforcement officer stops all, or a designated sequence of, motor vehicles traveling on 10 a highway or road for the purpose of subjecting the drivers to questioning or the 11 production of documents to determine whether there is reasonable suspicion to believe 12 that the driver has violated AS 04.16.050, AS 28.33.030, AS 28.35.029, or 28.35.030. 13 * Sec. 3. This Act takes effect July 1, 1994.