SSHB 75: "An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75 01 "An Act relating to vehicle theft and the consequences of vehicle theft, including 02 revocation of a driver's license, privilege to drive, or privilege to obtain a license; 03 amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.46 is amended by adding new sections to read: 07 ARTICLE 2A. VEHICLE THEFT. 08 Sec. 11.46.360. VEHICLE THEFT IN THE FIRST DEGREE. (a) A person 09 commits the crime of vehicle theft in the first degree if, having no right to do so or 10 any reasonable ground to believe the person has such a right, the person drives, tows 11 away, or takes 12 (1) the motor vehicle of another; 13 (2) the propelled vehicle of another and the vehicle or any other 14 property of another is damaged, or the owner incurs reasonable expenses as a result
01 of the loss of use of the vehicle, in a total amount of $500 or more; 02 (3) the propelled vehicle of another and the vehicle is marked as a 03 police or emergency vehicle; or 04 (4) the propelled vehicle of another and, within the preceding seven 05 years, the person was convicted under 06 (A) this section or AS 11.46.365; 07 (B) former AS 11.46.482(a)(4) or (5); 08 (C) former AS 11.46.484(a)(2); 09 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 10 of a propelled vehicle; or 11 (E) a law or ordinance of this or another jurisdiction with 12 elements substantially similar to those of an offense described in (A) - (D) of 13 this paragraph. 14 (b) Vehicle theft in the first degree is a class C felony. 15 Sec. 11.46.365. VEHICLE THEFT IN THE SECOND DEGREE. (a) A 16 person commits the crime of vehicle theft in the second degree if, having no right to 17 do so or a reasonable ground to believe the person has such a right, 18 (1) the person drives, tows away, or takes the propelled vehicle of 19 another that is not a motor vehicle; or 20 (2) having custody of a propelled vehicle under a written agreement 21 with the owner of the vehicle that includes an agreement to return the vehicle to the 22 owner at a specified time, the person knowingly retains or withholds possession of the 23 vehicle without the consent of the owner for so long a period beyond the time 24 specified as to render the retention or possession of the vehicle an unreasonable 25 deviation from the agreement. 26 (b) Vehicle theft in the second degree is a class A misdemeanor. 27 Sec. 11.46.370. DEFINITIONS. In AS 11.46.360 - 11.46.370, 28 (1) "aircraft" has the meaning given in AS 02.15.260; 29 (2) "commercial motor vehicle" has the meaning given in 30 AS 28.40.100; 31 (3) "motorcycle" has the meaning given in AS 28.40.100;
01 (4) "motor vehicle" means a propelled vehicle that is a passenger car, 02 truck, motorcycle, watercraft, aircraft, or commercial motor vehicle; 03 (5) "passenger car" means a vehicle designed or used primarily for the 04 transportation of persons; 05 (6) "truck" means a vehicle designed, used, or maintained primarily for 06 the transportation of property; 07 (7) "watercraft" means a vessel used or capable of being used as a 08 means of transportation, for recreational or commercial purposes, on water. 09 * Sec. 2. AS 11.46.484(b) is amended to read: 10 (b) Criminal [EXCEPT AS PROVIDED IN (c) OF THIS SECTION, 11 CRIMINAL] mischief in the third degree is a class A misdemeanor. 12 * Sec. 3. AS 11.46.486(a) is amended to read: 13 (a) A person commits the crime of criminal mischief in the fourth degree if, 14 having no right to do so or any reasonable ground to believe the person has such a 15 right, 16 (1) with reckless disregard for the risk of harm to or loss of the 17 property or with intent to cause substantial inconvenience to another, the person 18 tampers with property of another; 19 (2) with intent to damage property of another, the person damages 20 property of another in an amount less than $50; or 21 (3) the person rides in a propelled vehicle knowing it has been stolen 22 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1) 23 [AS 11.46.482(a)(4) or 11.46.484(a)(2)]. 24 * Sec. 4. AS 12.55.045(e) is amended to read: 25 (e) If a defendant is convicted of vehicle theft in the first degree in violation 26 of AS 11.46.360 or vehicle theft in the second [CRIMINAL MISCHIEF IN THE 27 THIRD] degree in violation of AS 11.46.365(a)(1) [AS 11.46.484(a)(2)], and the 28 victim of the offense incurs damage or loss as a result of the offense, the court shall 29 order the defendant to pay restitution. 30 * Sec. 5. AS 12.55.135(e) is amended to read: 31 (e) If [EXCEPT AS PROVIDED IN AS 12.55.055(f), IF] a defendant is
01 sentenced under (c) or [,] (d) [, OR (f)] of this section, 02 (1) execution of sentence may not be suspended and probation or parole 03 may not be granted until the minimum term of imprisonment has been served; 04 (2) imposition of a sentence may not be suspended except upon 05 condition that the defendant be imprisoned for no less than the minimum term of 06 imprisonment provided in the section; and 07 (3) the minimum term of imprisonment may not otherwise be reduced. 08 * Sec. 6. AS 12.55.135(f) is amended to read: 09 (f) A defendant convicted of vehicle theft in the second degree in violation 10 of AS 11.46.365(a)(1) [CRIMINAL MISCHIEF IN THE THIRD DEGREE IN 11 VIOLATION OF AS 11.46.484(a)(2), WHOSE CONVICTION IS NOT A FELONY 12 UNDER AS 11.46.484(c),] shall be sentenced to a definite term of imprisonment of 13 at least 72 hours but not more than one year. 14 * Sec. 7. AS 28.15.181(a) is amended to read: 15 (a) Conviction of any of the following offenses is grounds for the immediate 16 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 17 (1) manslaughter or negligent homicide resulting from driving a motor 18 vehicle; 19 (2) a felony in the commission of which a motor vehicle is used; 20 (3) failure to stop and give aid as required by law when a motor 21 vehicle accident results in the death or personal injury of another; 22 (4) perjury or making a false affidavit or statement under oath to the 23 department under a law relating to motor vehicles; 24 (5) operating a motor vehicle or aircraft while intoxicated; 25 (6) reckless driving; 26 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 27 officer; 28 (8) refusal to submit to a chemical test authorized under 29 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 30 commercial motor vehicle, or aircraft while intoxicated, or authorized under 31 AS 28.35.031(g);
01 (9) driving while license, privilege to drive, or privilege to obtain a 02 license, canceled, suspended, or revoked, or in violation of a limitation; 03 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 04 vehicle theft in the second degree in violation of AS 11.46.365. 05 * Sec. 8. AS 28.15.181(b) is amended to read: 06 (b) A court convicting a person of an offense described in (a)(1) - (4), (6), 07 [OR] (7), or (10) of this section shall revoke that person's driver's license, privilege 08 to drive, or privilege to obtain a license for not less than 30 days for the first 09 conviction, unless the court determines that the person's ability to earn a livelihood 10 would be severely impaired and a limitation under AS 28.15.201 can be placed on the 11 license that will enable the person to earn a livelihood without excessive danger to the 12 public. If a court limits a person's license under this subsection, it shall do so for not 13 less than 60 days. Upon a subsequent conviction of a person for any offense described 14 in (a)(1) - (4), (6), [OR] (7), or (10) of this section occurring within 10 years after a 15 prior conviction, the court shall revoke the person's license, privilege to drive, or 16 privilege to obtain a license and may not grant the person limited license privileges for 17 the following periods: 18 (1) not less than one year for the second conviction; and 19 (2) not less than three years for a third or subsequent conviction. 20 * Sec. 9. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: 21 (a) Scheduling. At the time guilt in a felony case is established by verdict or 22 plea, the judge shall establish the date for a sentencing hearing and a presentencing 23 hearing, if appropriate, and, except as provided in paragraph (f) of this rule, shall 24 order a presentence investigation by the Department of Corrections. If the judge elects 25 to schedule a single hearing, all of the procedures for the presentencing and sentencing 26 hearings shall be applicable at the single hearing. 27 * Sec. 10. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new 28 subsection to read: 29 (f) When Presentence Investigation Not Required. Unless a person may be 30 sentenced to a presumptive term of imprisonment under AS 12.55.125(e)(1) or (2), a 31 presentence investigation by the Department of Corrections is not required for a
01 defendant convicted of vehicle theft in the first degree in violation of AS 11.46.360. 02 * Sec. 11. AS 11.46.482(a)(4), 11.46.482(a)(5), 11.46.484(a)(2), 11.46.484(a)(3), 03 11.46.484(c); and AS 12.55.055(f) are repealed. 04 * Sec. 12. AS 11.46.360(a)(1), enacted by sec. 1 of this Act, applies to an act committed 05 on or after the effective date of this Act. 06 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).