SCS CSHB 21(FIN): "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) 01 "An Act relating to revocation of a driver's license for illegal possession or use 02 of a controlled substance or illegal possession or consumption of alcohol by a 03 person at least 13 but not yet 21 years of age; relating to revocation of a 04 driver's license for illegal possession or use of a firearm by a person at least 13 05 but not yet 18 years of age; relating to treatment programs required for issuance 06 or reissuance of a driver's license; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 28.15.183(a) is amended to read: 09 (a) If a peace officer has probable cause to believe [AND BASED ON 10 PERSONAL OBSERVATION] that a person who is at least 14 years of age but not 11 yet 21 years of age has possessed or used a controlled substance in violation of 12 AS 11.71 or a municipal ordinance with substantially similar elements, or 13 possessed or consumed alcohol in violation of AS 04.16.050 or a municipal 14 ordinance with substantially similar elements, and the peace officer has cited the
01 person or arrested the person for a violation of AS 11.71, [OR] AS 04.16.050, or the 02 municipal ordinance with substantially similar elements, the peace officer shall read 03 a notice and deliver a copy to the person. The notice must advise that 04 (1) the department intends to revoke the person's driver's license or 05 permit, privilege to drive, or privilege to obtain a license or permit; 06 (2) the person has the right to administrative review of the revocation; 07 (3) if the person has a driver's license or permit, the notice itself is a 08 temporary driver's license or permit that expires seven days after it is delivered to the 09 person; 10 (4) revocation of the person's driver's license or permit, privilege to 11 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 12 of the notice to the person unless the person, within seven days, requests an 13 administrative review. 14 * Sec. 2. AS 28.15.183(c) is amended to read: 15 (c) Unless the person has requested an administrative review, the department 16 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 17 obtain a license or permit, effective seven days after delivery to the person of the 18 notice required under (a) of this section, upon receipt of a sworn report of a peace 19 officer 20 (1) that the officer had probable cause to believe [AND BASED ON 21 PERSONAL OBSERVATIONS] that the person is at least 14 years of age but not yet 22 21 years of age and has possessed or used a controlled substance in violation of 23 AS 11.71 or a municipal ordinance with substantially similar elements, or 24 possessed or consumed alcohol in violation of AS 04.16.050 or a municipal 25 ordinance with substantially similar elements; 26 (2) that the peace officer has cited the person or arrested the person for 27 (A) a violation of AS 11.71 or AS 04.16.050; or 28 (B) possession or use of a controlled substance or alcohol in 29 violation of a municipal ordinance with substantially similar elements; 30 (3) that notice under (a) of this section was provided to the person; and 31 (4) describing the circumstances surrounding the violation of the
01 controlled substances provisions of AS 11.71, [OR] the alcoholic beverages provisions 02 of AS 04.16.050, or the municipal ordinance with substantially similar elements. 03 * Sec. 3. AS 28.15.183(g) is amended to read: 04 (g) Except as provided under (h) of this section, the department may not issue 05 a new license or reissue a license to a person whose driver's license, permit, or 06 privilege to drive has been revoked under this section unless the person is enrolled in 07 and is in compliance with, or has successfully completed 08 (1) an alcoholism education or [AND] rehabilitation treatment program, 09 if the revocation resulted from possession or consumption of alcohol in violation of 10 AS 04.16.050 or a municipal ordinance with substantially similar elements; or 11 (2) a drug education or rehabilitation treatment program, if the 12 revocation resulted from possession or use of a controlled substance in violation of 13 AS 11.71 or a municipal ordinance with substantially similar elements. 14 * Sec. 4. AS 28.15.184(g) is amended to read: 15 (g) The hearing for review of a revocation by the department under 16 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 17 of age but not yet 21 years of age and whether the person possessed or used a 18 controlled substance in violation of AS 11.71 or a municipal ordinance with 19 substantially similar elements, or possessed or consumed alcohol in violation of 20 AS 04.16.050 or a municipal ordinance with substantially similar elements. 21 * Sec. 5. AS 28.15.185(a) is amended to read: 22 (a) A person who is at least 13 years of age but not older than 17 years of age 23 who is convicted or who is adjudicated by a juvenile court of (1) misconduct 24 involving a controlled substance under AS 11.71 or a municipal ordinance with 25 substantially similar elements; (2) possession or consumption of alcohol under 26 AS 04.16.050 or a municipal ordinance with substantially similar elements; or (3) 27 an offense involving the illegal use or possession of a firearm that is punishable 28 under AS 11 or a municipal ordinance with substantially similar elements is 29 subject to revocation of the person's driver's license, privilege to drive, or privilege 30 to obtain a license under (b) of this section. 31 * Sec. 6. AS 28.15.185(c) is amended to read:
01 (c) Upon conviction or adjudication of an offense listed in (a) of this section, 02 the court may, upon petition of the person, review the revocation and may restore the 03 driver's license, except a court may not restore the driver's license until 04 (1) at least one-half of the period of revocation imposed under this 05 section has expired; and 06 (2) the person has taken and successfully completed a state approved 07 program of drug education or rehabilitation if convicted or adjudicated of 08 misconduct involving a controlled substance under AS 11.71 or a municipal 09 ordinance with substantially similar elements, or alcohol education or rehabilitation 10 if convicted or adjudicated of possession or consumption of alcohol under 11 AS 04.16.050 or a municipal ordinance with substantially similar elements; this 12 paragraph does not apply to a person who resides in an area that does not offer a state 13 approved drug or alcohol education or rehabilitation program or a person that the 14 court determines does not need alcohol or drug education or rehabilitation. 15 * Sec. 7. APPLICABILITY. This Act applies to violations of AS 04.16.050, AS 11, or 16 a municipal ordinance that occur on or after the effective date of this Act. 17 * Sec. 8. This Act takes effect July 1, 1995.