SCS HB 445(RLS): "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft; to motor vehicle forfeiture; and providing for an effective date."
00SENATE CS FOR HOUSE BILL NO. 445(RLS) 01 "An Act relating to operating or driving a motor vehicle, commercial motor 02 vehicle, aircraft, or watercraft; to motor vehicle forfeiture; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.15.165(a) is amended to read: 06 (a) A law enforcement officer shall read a notice, and deliver a copy of it, to 07 a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a 08 chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produces 09 a result described in AS 28.35.030(a)(2); a chemical test administered under 10 AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person 11 refuses to submit to a chemical test authorized under AS 28.33.031(a) [AS 28.33.031] 12 or AS 28.35.031(a) or (g) [AS 28.35.032]. The notice must advise that 13 (1) the department intends to revoke the person's driver's license, 14 privilege to drive, or privilege to obtain a license, refuse to issue an original license
01 to the person, or disqualify the person; 02 (2) the person has the right to administrative review of the action taken 03 against the person's license or determination not to issue an original license; 04 (3) if the person has a driver's license or a nonresident privilege to 05 drive, the notice itself is a temporary driver's license that expires seven days after it 06 is delivered to the person, except that if the person was operating a commercial motor 07 vehicle the person will be ordered out of service for 24 hours under AS 28.33.130; 08 (4) revocation of the person's driver's license, privilege to drive, or 09 privilege to obtain a license, a determination not to issue an original license, or a 10 disqualification of the person, takes effect seven days after delivery of the notice to the 11 person unless the person, within seven days, requests an administrative review. 12 * Sec. 2. AS 28.15.165(c) is amended to read: 13 (c) Unless the person has obtained a temporary permit or stay of a 14 departmental action under AS 28.15.166, if the chemical test administered under 15 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 16 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized 17 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032], the 18 department shall revoke the person's license, privilege to drive, or privilege to obtain 19 a license, shall refuse to issue an original license, and, if the chemical test administered 20 under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person 21 refused to submit to a chemical test authorized under AS 28.33.031(a) 22 [AS 28.33.031], shall disqualify the person. The department's action takes effect seven 23 days after delivery to the person of the notice required under (a) of this section, and 24 after receipt of a sworn report of a law enforcement officer 25 (1) that a chemical test administered under AS 28.33.031(a) or 26 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a 27 chemical test administered under AS 28.33.031(a) produced a result described in 28 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 29 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032]; 30 (2) that notice under (a) of this section was provided to the person; and 31 (3) describing the
01 (A) circumstances surrounding the arrest and the grounds for the 02 officer's belief that the person operated a motor vehicle, commercial motor 03 vehicle, or aircraft while intoxicated in violation of AS 28.33.030 or 04 AS 28.35.030; or 05 (B) grounds for the officer's belief that the person operated 06 a motor vehicle or commercial motor vehicle that was involved in an 07 accident causing death or serious physical injury to another person. 08 * Sec. 3. AS 28.15.166(g) is amended to read: 09 (g) The hearing for review of action by the department under AS 28.15.165 10 shall be limited to the issues of whether the law enforcement [ARRESTING] officer 11 had reasonable grounds to believe that the person was operating a motor vehicle or 12 commercial motor vehicle that was involved in an accident causing death or 13 serious physical injury to another person, or that the person was operating a 14 motor vehicle, commercial motor vehicle, or aircraft while intoxicated in violation of 15 AS 28.33.030 or AS 28.35.030 and whether 16 (1) the person refused to submit to a chemical test authorized under 17 AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032] after being 18 advised that refusal would result in disqualification or the suspension, revocation, or 19 denial of the person's license, privilege to drive, or privilege to obtain a license, and 20 that the refusal is a misdemeanor; 21 (2) the chemical test administered [AUTHORIZED] under 22 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 23 AS 28.35.030(a)(2); or 24 (3) the chemical test administered [AUTHORIZED] under 25 AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2). 26 * Sec. 4. AS 28.15.181(a) is amended to read: 27 (a) Conviction of any of the following offenses is grounds for the immediate 28 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 29 (1) manslaughter or negligent homicide resulting from driving a motor 30 vehicle; 31 (2) a felony in the commission of which a motor vehicle is used;
01 (3) failure to stop and give aid as required by law when a motor 02 vehicle accident results in the death or personal injury of another; 03 (4) perjury or making a false affidavit or statement under oath to the 04 department under a law relating to motor vehicles; 05 (5) operating a motor vehicle or aircraft while intoxicated; 06 (6) reckless driving; 07 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 08 officer; 09 (8) refusal to submit to a chemical test authorized under 10 AS 28.33.031(a)(1), AS 28.35.031(a), or [AS 28.33.031 OR] AS 28.35.032 while 11 under arrest for operating a motor vehicle, commercial motor vehicle, or aircraft while 12 intoxicated, or as authorized under AS 28.33.031(a)(2) or AS 28.35.031(g); 13 (9) driving while license, privilege to drive, or privilege to obtain a 14 license, canceled, suspended, or revoked, or in violation of a limitation. 15 * Sec. 5. AS 28.33.031(a) is amended to read: 16 (a) A person who operates a commercial motor vehicle in this state is 17 considered to have given consent to a chemical test or tests 18 (1) of the person's breath if the person is lawfully arrested for an 19 offense arising out of acts alleged to have been committed when the person was 20 operating the commercial motor vehicle while intoxicated; the [. THE] test or tests 21 may be administered at the direction of a law enforcement officer who has reasonable 22 grounds to believe that the person was operating a commercial motor vehicle while 23 intoxicated in violation of AS 28.33.030 or AS 28.35.030; 24 (2) of the person's breath and blood for the purpose of determining 25 the alcoholic content of the person's breath and blood, and of the person's blood 26 and urine, for the purpose of determining the presence of controlled substances 27 in the person's blood and urine, if the person is involved in a motor vehicle 28 accident that causes death or serious physical injury to another person; the test 29 or tests may be administered at the direction of a law enforcement officer who 30 has reasonable grounds to believe that the person was operating a commercial 31 motor vehicle that was involved in an accident causing death or serious physical
01 injury to another person. 02 * Sec. 6. AS 28.33.190 is amended to read: 03 Sec. 28.33.190. DEFINITIONS. In this chapter [AS 28.33.100 - 28.33.190], 04 (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b); 05 (2) "commercial motor vehicle" has the meaning given in 06 AS 28.40.100; 07 (3) "controlled substance" means any substance listed as being 08 controlled under AS 11.71 or 21 U.S.C. 812 - 813, or determined under federal 09 regulations to be controlled for purposes of 21 U.S.C. 801 - 813 (Controlled 10 Substances Act); 11 (4) "disqualification" means a withdrawal of the privilege to drive a 12 commercial motor vehicle; 13 (5) "disqualified" means that a person's privilege to drive a commercial 14 motor vehicle has been withdrawn; 15 (6) "drive a commercial motor vehicle" means to affect the movement, 16 attempt to affect the movement, or to be in actual physical control, of a commercial 17 motor vehicle in motion, excluding slight motion incidental to loading, unloading, 18 servicing, or inspecting the vehicle; 19 (7) "employer" means a person who 20 (A) provides compensation to a person who operates a 21 commercial motor vehicle, including wages or other remuneration, whether 22 through an employment relationship or by contract; or 23 (B) acts as an agent of someone who provides compensation to 24 a person who operates a commercial motor vehicle, with authority to allow, 25 require, permit, assign, or authorize the person being compensated to operate 26 a commercial motor vehicle; 27 (8) "hazardous substance" means a substance found by the United 28 States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 1801 - 29 1813 (Hazardous Materials Transportation Act); 30 (9) "operating a commercial motor vehicle" means 31 (A) to drive a commercial motor vehicle; or
01 (B) whether or not the vehicle is in motion, or is capable of 02 being moved, to be in actual physical control, or to attempt to affect the 03 movement, of a commercial motor vehicle; and 04 (10) "serious traffic violation" means 05 (A) speeding 15 miles per hour or more above the posted limit; 06 (B) reckless or negligent driving, in violation of AS 28.35.040 07 or 28.35.045 or an ordinance with substantially similar elements; 08 (C) violation of a provision of this title, or a regulation adopted 09 under this title, relating to improper lane changes or following too closely, or 10 an ordinance with substantially similar elements; or 11 (D) violation of a law or ordinance relating to traffic control, 12 which was determined by the court by a preponderance of the evidence to have 13 been a factor in causing physical injury to a person. 14 * Sec. 7. AS 28.35.030(a) is amended to read: 15 (a) A person commits the crime of driving while intoxicated if the person 16 operates or drives a motor vehicle or operates an aircraft or a watercraft 17 (1) while under the influence of intoxicating liquor, or any controlled 18 substance; 19 (2) when, as determined by a chemical test taken within four hours 20 after the alleged offense was committed, there is 0.08 [0.10] percent or more by weight 21 of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 100 22 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 23 liters of the person's breath; or 24 (3) while the person is under the combined influence of intoxicating 25 liquor and a controlled substance. 26 * Sec. 8. AS 28.35.030(b) is amended to read: 27 (b) Driving while intoxicated is a class A misdemeanor. Upon conviction 28 (1) the court shall impose a minimum sentence of imprisonment of 29 (A) not less than 72 consecutive hours and a fine of not less 30 than $250 if the person has not been previously convicted; 31 (B) not less than 20 days and a fine of not less than $500 if the
01 person has been previously convicted once; 02 (C) not less than 60 days and a fine of not less than $1,000 if 03 the person has been previously convicted twice; 04 (D) not less than 120 days and a fine of not less than $2,000 05 if the person has been previously convicted three times; 06 (E) not less than 240 days and a fine of not less than $3,000 if 07 the person has been previously convicted four times; 08 (F) not less than 360 days and a fine of not less than $4,000 if 09 the person has been previously convicted more than four times; 10 (2) the court may not 11 (A) suspend execution of sentence or grant probation except on 12 condition that the person serve the minimum imprisonment under (1) of this 13 subsection; 14 (B) suspend imposition of sentence; 15 (3) the court shall revoke the person's driver's license, privilege to 16 drive, or privilege to obtain a license under AS 28.15.181 [, AND MAY ORDER THE 17 MOTOR VEHICLE OR AIRCRAFT THAT WAS USED IN COMMISSION OF THE 18 OFFENSE TO BE FORFEITED UNDER AS 28.35.036]. 19 * Sec. 9. AS 28.35.030 is amended by adding new subsections to read: 20 (n) Upon conviction under this section, the court may order as a condition of 21 probation that the person take antabuse or a similar drug intended to prevent the 22 consumption of an alcoholic beverage. A condition of probation imposed under this 23 subsection is in addition to any other condition authorized under another provision of 24 law. 25 (o) If the court imposes a sentence of imprisonment under this section and the 26 person has been previously convicted, the court shall also order forfeiture of a motor 27 vehicle or aircraft used in the commission of the offense, subject to remission under 28 AS 28.35.037. 29 * Sec. 10. AS 28.35.031 is amended by adding a new subsection to read: 30 (g) A person who operates or drives a motor vehicle in this state shall be 31 considered to have given consent to a chemical test or tests of the person's breath and
01 blood for the purpose of determining the alcoholic content of the person's breath and 02 blood and shall be considered to have given consent to a chemical test or tests of the 03 person's blood and urine for the purpose of determining the presence of controlled 04 substances in the person's blood and urine if the person is involved in a motor vehicle 05 accident that causes death or serious physical injury to another person. The test or 06 tests may be administered at the direction of a law enforcement officer who has 07 reasonable grounds to believe that the person was operating or driving a motor vehicle 08 in this state that was involved in an accident causing death or serious physical injury 09 to another person. 10 * Sec. 11. AS 28.35.032(a) is amended to read: 11 (a) If a person under arrest for operating a motor vehicle or aircraft while 12 intoxicated refuses the request of a law enforcement officer to submit to a chemical 13 test authorized under AS 28.33.031(a)(1) [AS 28.33.031(a)] or AS 28.35.031(a), or 14 if a person involved in a motor vehicle accident that causes death or serious 15 physical injury to another person refuses the request of a law enforcement officer 16 to submit to a chemical test authorized under AS 28.33.031(a)(2) or 17 AS 28.35.031(g), after being advised by the officer that the refusal will [, IF THAT 18 PERSON WAS ARRESTED WHILE OPERATING A MOTOR VEHICLE OR 19 AIRCRAFT,] result in the denial or revocation of the driver's license, privilege to 20 drive, or privilege to obtain a license, that the refusal may be used against the person 21 in a civil or criminal action or proceeding arising out of an act alleged to have been 22 committed by the person while operating a motor vehicle or [, AN] aircraft [, OR A 23 WATERCRAFT] while intoxicated, and that the refusal is a crime, a chemical test may 24 not be given, except as provided by AS 28.35.035. If a person under arrest for 25 operating a watercraft while intoxicated refuses the request of a law enforcement 26 officer to submit to a chemical test authorized under AS 28.35.031(a), after being 27 advised by the officer that the refusal may be used against the person in a civil 28 or criminal action or proceeding arising out of an act alleged to have been 29 committed by the person while operating a watercraft while intoxicated, and that 30 the refusal is a crime, a chemical test may not be given, except as provided by 31 AS 28.35.035.
01 * Sec. 12. AS 28.35.032(e) is amended to read: 02 (e) The refusal of a person to submit to a chemical test authorized under 03 AS 28.33.031(a) or AS 28.35.031(a) or (g) [OF BREATH UNDER (a) OF THIS 04 SECTION] is admissible evidence in a civil or criminal action or proceeding arising 05 out of an act alleged to have been committed by the person while operating or driving 06 a motor vehicle or operating an aircraft or watercraft while intoxicated. 07 * Sec. 13. AS 28.35.032(f) is amended to read: 08 (f) Refusal to submit to a [THE] chemical test [OF BREATH] authorized by 09 AS 28.33.031(a) or AS 28.35.031(a) or (g) is a class A misdemeanor. 10 * Sec. 14. AS 28.35.032(g) is amended to read: 11 (g) Upon conviction under this section 12 (1) the court shall impose a minimum sentence of imprisonment of 13 (A) not less than 72 consecutive hours and a fine of not less 14 than $250 if the person has not been previously convicted; 15 (B) not less than 20 days and a fine of not less than $500 if the 16 person has been previously convicted once; 17 (C) not less than 60 days and a fine of not less than $1,000 if 18 the person has been previously convicted twice; 19 (D) not less than 120 days and a fine of not less than $2,000 20 if the person has been previously convicted three times; 21 (E) not less than 240 days and a fine of not less than $3,000 if 22 the person has been previously convicted four times; 23 (F) not less than 360 days and a fine of not less than $4,000 if 24 the person has been previously convicted more than four times; 25 (2) the court may not 26 (A) suspend execution of the sentence required by (1) of this 27 subsection or grant probation, except on condition that the person serve the 28 minimum imprisonment under (1) of this subsection; or 29 (B) suspend imposition of sentence; 30 (3) the court shall revoke the person's driver's license, privilege to 31 drive, or privilege to obtain a license under AS 28.15.181 [, AND MAY ORDER THE
01 MOTOR VEHICLE OR AIRCRAFT THAT WAS USED IN COMMISSION OF THE 02 OFFENSE BE FORFEITED UNDER AS 28.35.036]; and 03 (4) the sentence imposed by the court under this subsection shall run 04 consecutively with any other sentence of imprisonment imposed on the person. 05 * Sec. 15. AS 28.35.032(j) is amended to read: 06 (j) For purposes of this section, convictions for operating or driving while 07 intoxicated under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 08 chemical test [OF BREATH] under this section, if arising out of a single transaction 09 and a single arrest, are considered one previous conviction. 10 * Sec. 16. AS 28.35.032 is amended by adding new subsections to read: 11 (q) Upon conviction under this section, the court may order as a condition of 12 probation that the person take antabuse or a similar drug intended to prevent 13 consumption of an alcoholic beverage. A condition of probation imposed under this 14 subsection is in addition to any other condition authorized under another provision of 15 law. 16 (r) If the court imposes a sentence of imprisonment under this section and the 17 person has been previously convicted, the court shall also order forfeiture of a motor 18 vehicle or aircraft used in the commission of the offense, subject to remission under 19 AS 28.35.037. 20 * Sec. 17. AS 28.35.033(a) is amended to read: 21 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 22 alleged to have been committed by a person while operating or driving a motor vehicle 23 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 24 person's blood or breath at the time alleged shall give rise to the following 25 presumptions: 26 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 27 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 28 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 29 breath, it shall be presumed that the person was not under the influence of intoxicating 30 liquor. 31 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08
01 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 02 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or 03 in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters 04 of the person's breath, that fact does not give rise to any presumption that the person 05 was or was not under the influence of intoxicating liquor, but that fact may be 06 considered with other competent evidence in determining whether the person was 07 under the influence of intoxicating liquor. 08 (3) [REPEALED 09 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 10 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 11 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 12 breath, it shall be presumed that the person was under the influence of intoxicating 13 liquor. 14 * Sec. 18. AS 28.35.035(a) is amended to read: 15 (a) If a person is under arrest for an offense arising out of acts alleged to have 16 been committed while the person was operating a motor vehicle, aircraft, or watercraft 17 while intoxicated, and that arrest results from an accident that causes death or physical 18 injury to another person, a chemical test may be administered without the consent of 19 the person arrested to determine the amount of alcohol in that person's breath or blood 20 or to determine the presence of controlled substances in that person's blood and 21 urine. 22 * Sec. 19. AS 28.35.035(b) is amended to read: 23 (b) A person who is unconscious or otherwise in a condition rendering that 24 person incapable of refusal is considered not to have withdrawn the consent provided 25 under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be 26 administered to determine the amount of alcohol in that person's breath or blood or 27 to determine the presence of controlled substances in that person's blood and 28 urine. A person who is unconscious or otherwise incapable of refusal need not be 29 placed under arrest before a chemical test may be administered. 30 * Sec. 20. AS 28.35.036 is repealed and reenacted to read: 31 Sec. 28.35.036. FORFEITURE OF MOTOR VEHICLE OR AIRCRAFT. (a)
01 Upon forfeiture of a motor vehicle or aircraft under AS 28.35.030(o) or 28.35.032(r), 02 the court shall require the surrender of the registration and certificate of title of that 03 motor vehicle or aircraft. The registration and certificate of title shall be delivered to 04 the department. 05 (b) Forfeiture of a motor vehicle or aircraft under AS 28.35.030(o) or 06 28.35.032(r) extinguishes the rights or claims of a person with an ascertainable interest 07 in the motor vehicle or aircraft, unless the person seeks remission of the forfeiture 08 under AS 28.35.037 within 90 days after the person receives notice of the right of 09 remission under AS 28.35.037. Remission of forfeiture does not apply to a person 10 convicted under AS 28.35.030(o) or 28.35.032(r) whose vehicle or aircraft is forfeited. 11 (c) If not released under AS 28.35.037, a motor vehicle or aircraft forfeited 12 under AS 28.35.030(o) or 28.35.032(r) may be disposed of by the department by 13 (1) selling the motor vehicle or aircraft; proceeds from the sale shall 14 be deposited into the general fund; 15 (2) taking custody of the property and authorizing its use by the state 16 or another political subdivision of the state; or 17 (3) destroying property that is harmful to the public. 18 * Sec. 21. AS 28.35.037(a) is repealed and reenacted to read: 19 (a) Upon forfeiture of a motor vehicle or aircraft under AS 28.35.030(o) or 20 28.35.032(r), the state shall provide written notice within 30 days to each person with 21 an ascertainable ownership or security interest in the motor vehicle or aircraft, other 22 than the person convicted of the offense resulting in forfeiture, that 23 (1) the vehicle or aircraft has been forfeited; 24 (2) the person has a right to intervene to protect an interest in the motor 25 vehicle or aircraft under (b) of this section; and 26 (3) failure to seek remission of forfeiture within 90 days will extinguish 27 the rights of the person to the vehicle or aircraft. 28 * Sec. 22. AS 28.35.037(b) is amended to read: 29 (b) At the request of a person with an ownership or security interest in a 30 motor vehicle or aircraft forfeited under AS 28.35.030(o) or 28.35.032(r), other 31 than the person convicted of the offense resulting in forfeiture, the court shall
01 schedule a hearing in a timely manner to determine if remission of forfeiture shall 02 be ordered as provided under this section. At the hearing, a person who claims an 03 ownership or security interest in the motor vehicle, or aircraft, must establish by a 04 preponderance of the evidence that 05 (1) the petitioner has an interest in the motor vehicle, or aircraft, 06 acquired in good faith; 07 (2) a person other than the petitioner was convicted of the offense that 08 resulted in the forfeiture; and 09 (3) before parting with the motor vehicle, or aircraft, the petitioner did 10 not know or have reasonable cause to believe that it would be used in the commission 11 of an offense. 12 * Sec. 23. AS 28.35 is amended by adding a new section to article 2 to read: 13 Sec. 28.35.039. DEFINITION FOR AS 28.35.029 - 28.35.039. In 14 AS 28.35.029 - 28.35.039, "controlled substance" has the meaning given in 15 AS 28.33.190. 16 * Sec. 24. AS 28.40.100(a) is amended by adding a new paragraph to read: 17 (24) "serious physical injury" has the meaning given in 18 AS 11.81.900(b). 19 * Sec. 25. AS 28.35.030(m)(1) is repealed. 20 * Sec. 26. REQUIRED STUDY AND REPORT. (a) The Department of Public Safety, 21 in conjunction with the Department of Law, the Department of Corrections, the Alaska Court 22 System, and the Alaska State Legislature, shall perform a comprehensive review of the 23 following issues by December 31, 1994: 24 (1) the means by which the mandatory forfeiture of vehicles used in the 25 commission of offenses related to driving while intoxicated may be implemented; and 26 (2) the means by which felony penalties may be applied to certain offenses 27 related to driving while intoxicated. 28 (b) The review required under (a) of this section shall consider the fiscal effect on the 29 state, deterrence of convicted and potential offenders, relevant policies of other governing 30 bodies, and potential funding sources. Also, the Department of Public Safety shall present a 31 report to the Nineteenth Alaska State Legislature that summarizes the conclusions of the
01 review described in this section and that recommends specific legislative action. 02 * Sec. 27. APPLICABILITY. The amendments made by this Act apply to offenses that 03 are committed on or after the effective date of this Act, except that references to previous 04 convictions include convictions occurring before, on, or after the effective date of this Act. 05 * Sec. 28. Sections 20, 21, and 22 of this Act take effect September 15, 1994. 06 * Sec. 29. Except as provided in sec. 28 of this Act, this Act takes effect July 1, 1994.