HB 159: "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving with a revoked license, driving while intoxicated, or failure to submit to a chemical test of breath or blood; and providing for an effective date."
00HOUSE BILL NO. 159 01 "An Act allowing a person under age 21 to be arrested by a peace officer 02 without a warrant for illegal possession, consumption, or control of alcohol; 03 relating to the offenses of driving with a revoked license, driving while intoxicated, 04 or failure to submit to a chemical test of breath or blood; and providing for an 05 effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25.030(b) is amended to read: 08 (b) In addition to the authority granted under (a) of this section, a peace officer 09 without a warrant may arrest a person when the peace officer has reasonable cause for 10 believing that the person has committed a crime under, or violated conditions imposed 11 as a part of the person's release before trial on misdemeanor charges brought under, 12 (1) AS 04.16.050; 13 (2) AS 11.41.270 or AS 11.56.740; or 14 (3) [(2)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an
01 ordinance with elements substantially similar to the elements of a crime under 02 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 03 spouse of the person who committed the crime; a parent, grandparent, child, or 04 grandchild of the person who committed the crime; a member of the social unit 05 comprised of those living together in the same dwelling as the person who committed 06 the crime; or another person who is not a spouse or former spouse of the person who 07 committed the crime but who previously lived in a spousal relationship with the person 08 who committed the crime or is in or has been in a dating, courtship, or engagement 09 relationship with the person who committed the crime. 10 * Sec. 2. AS 12.55.102(d) is amended to read: 11 (d) The court may include the cost of the ignition interlock device as a part 12 of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) 13 or 28.35.032(g) or (q). 14 * Sec. 3. AS 28.15.291(a) is amended to read: 15 (a) Except as provided under (d) of this section, a [A] person is guilty of 16 a class A misdemeanor if the person 17 (1) drives a motor vehicle on a highway or vehicular way or area at a 18 time when that person's driver's license, privilege to drive, or privilege to obtain a 19 license has been canceled, suspended, or revoked in this or another jurisdiction; or 20 (2) drives in violation of a limitation placed upon that person's license 21 or privilege to drive in this or another jurisdiction. 22 * Sec. 4. AS 28.15.291 is amended by adding a new subsection to read: 23 (d) A person is guilty of a class C felony if the person drives a motor vehicle 24 on a highway or vehicular way or area at a time when that person's driver's license, 25 privilege to drive, or privilege to obtain a license has been revoked and the revocation 26 was imposed under AS 28.35.030(n) or 28.35.032(q). Upon a person's conviction 27 under this section, in addition to penalties provided for under AS 12.55, the court shall 28 revoke the person's license, privilege to drive, or privilege to obtain a license, and the 29 person may not be issued a new license or a limited license nor may the privilege to 30 drive or obtain a license be restored for an additional period of not less than 90 days 31 after the date that the person would have been entitled to restoration of driving
01 privileges. 02 * Sec. 5. AS 28.35.030(b) is amended to read: 03 (b) Except as provided under (n) of this section, driving [DRIVING] while 04 intoxicated is a class A misdemeanor. Upon conviction 05 (1) the court shall impose a minimum sentence of imprisonment of 06 (A) not less than 72 consecutive hours and a fine of not less 07 than $250 if the person has not been previously convicted; 08 (B) not less than 20 days and a fine of not less than $500 if the 09 person has been previously convicted once; 10 (C) not less than 60 days and a fine of not less than $1,000 if 11 the person has been previously convicted twice and is not subject to 12 punishment under (n) of this section; 13 (D) not less than 120 days and a fine of not less than $2,000 14 if the person has been previously convicted three times and is not subject to 15 punishment under (n) of this section; 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 and is not subject to 18 punishment under (n) of this section; 19 (F) not less than 360 days and a fine of not less than $4,000 if 20 the person has been previously convicted more than four times and is not 21 subject to punishment under (n) of this section; 22 (2) the court may not 23 (A) suspend execution of sentence or grant probation except on 24 condition that the person serve the minimum imprisonment under (1) of this 25 subsection; 26 (B) suspend imposition of sentence; 27 (3) the court shall revoke the person's driver's license, privilege to 28 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 29 vehicle or aircraft that was used in commission of the offense to be forfeited under 30 AS 28.35.036. 31 * Sec. 6. AS 28.35.030(m)(4) is amended to read:
01 (4) "previously convicted" means having been convicted in this or 02 another jurisdiction, within 10 years preceding the date of the present offense, of any 03 of the following offenses [, OR OF ANOTHER LAW OR ORDINANCE WITH 04 SUBSTANTIALLY SIMILAR ELEMENTS]; however, convictions for any of these 05 offenses, if arising out of a single transaction and a single arrest, are considered one 06 previous conviction: 07 (A) operating a motor vehicle, aircraft, or watercraft while 08 intoxicated, in violation of this section or in violation of another law or 09 ordinance with substantially similar elements, except that the other law or 10 ordinance may require a lower level of alcohol in the person's blood or 11 breath than imposed under (a)(2) of this section; 12 (B) refusal to submit to a chemical test in violation of 13 AS 28.35.032 or in violation of another law or ordinance with substantially 14 similar elements; or 15 (C) operating a commercial motor vehicle while intoxicated in 16 violation of AS 28.33.030 or in violation of another law or ordinance with 17 substantially similar elements, except that the other law or ordinance may 18 require a lower level of alcohol in the person's blood or breath than 19 imposed under AS 28.33.030(a)(2). 20 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read: 21 (n) A person is guilty of a class C felony if the person is convicted of driving 22 while intoxicated and has been previously convicted two or more times. For purposes 23 of determining if a person has been previously convicted, the provisions of (m)(4) of 24 this section apply, except that only convictions occurring within five years preceding 25 the date of the present offense may be included. Upon conviction the court 26 (1) shall impose a fine of not less than $5,000 and a minimum sentence 27 of imprisonment of not less than 28 (A) 120 days if the person has been previously convicted twice; 29 (B) 240 days if the person has been previously convicted three 30 or more times; 31 (2) may not
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person serve the minimum imprisonment under (1) of this 03 subsection; or 04 (B) suspend imposition of sentence; 05 (3) shall revoke the person's driver's license, privilege to drive, or 06 privilege to obtain a license under AS 28.15.181(c); 07 (4) may order as a condition of probation or parole that the person take 08 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 09 beverage; a condition of probation imposed under this paragraph is in addition to any 10 other condition authorized under another provision of law; and 11 (5) may also order forfeiture under AS 28.35.036 of the vehicle or 12 aircraft used in the commission of the offense, subject to remission under 13 AS 28.35.037. 14 * Sec. 8. AS 28.35.032(f) is amended to read: 15 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 16 submit to a chemical test authorized by AS 28.33.031(a) or AS 28.35.031(a) or (g) 17 is a class A misdemeanor. 18 * Sec. 9. AS 28.35.032(g) is amended to read: 19 (g) Upon conviction under this section 20 (1) the court shall impose a minimum sentence of imprisonment of 21 (A) not less than 72 consecutive hours and a fine of not less 22 than $250 if the person has not been previously convicted; 23 (B) not less than 20 days and a fine of not less than $500 if the 24 person has been previously convicted once; 25 (C) not less than 60 days and a fine of not less than $1,000 if 26 the person has been previously convicted twice and is not subject to 27 punishment under (q) of this section; 28 (D) not less than 120 days and a fine of not less than $2,000 29 if the person has been previously convicted three times and is not subject to 30 punishment under (q) of this section; 31 (E) not less than 240 days and a fine of not less than $3,000 if
01 the person has been previously convicted four times and is not subject to 02 punishment under (q) of this section; 03 (F) not less than 360 days and a fine of not less than $4,000 if 04 the person has been previously convicted more than four times and is not 05 subject to punishment under (q) of this section; 06 (2) the court may not 07 (A) suspend execution of the sentence required by (1) of this 08 subsection or grant probation, except on condition that the person serve the 09 minimum imprisonment under (1) of this subsection; or 10 (B) suspend imposition of sentence; 11 (3) the court shall revoke the person's driver's license, privilege to 12 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 13 vehicle or aircraft that was used in commission of the offense be forfeited under 14 AS 28.35.036; and 15 (4) the sentence imposed by the court under this subsection shall run 16 consecutively with any other sentence of imprisonment imposed on the person. 17 * Sec. 10. AS 28.35.032 is amended by adding a new subsection to read: 18 (q) A person is guilty of a class C felony if the person is convicted under this 19 section and has been previously convicted two or more times. For purposes of 20 determining if a person has been previously convicted, the provisions of 21 AS 28.35.030(m)(4) apply, except that only convictions occurring within five years 22 preceding the date of the present offense may be included. Upon conviction, 23 (1) the court shall impose a fine of not less than $5,000 and a 24 minimum sentence of imprisonment of not less than 25 (A) 120 days if the person has been previously convicted twice; 26 (B) 240 days if the person has been previously convicted three 27 or more times; 28 (2) the court may not 29 (A) suspend execution of the sentence required by (1) of this 30 subsection or grant probation, except on condition that the person serve the 31 minimum imprisonment under (1) of this subsection; or
01 (B) suspend imposition of sentence; 02 (3) the court shall revoke the person's driver's license, privilege to 03 drive, or privilege to obtain a license under AS 28.15.181(c); 04 (4) the court may order as a condition of probation or parole that the 05 person take a drug or combination of drugs intended to prevent consumption of an 06 alcoholic beverage; a condition of probation imposed under this paragraph is in 07 addition to any other condition authorized under another provision of law; 08 (5) the sentence imposed by the court under this subsection shall run 09 consecutively with any other sentence of imprisonment imposed on the person; and 10 (6) the court may also order forfeiture under AS 28.35.036, of the 11 vehicle or aircraft used in the commission of the offense, subject to remission under 12 AS 28.35.037. 13 * Sec. 11. APPLICABILITY. This Act applies to offenses that are committed on or after 14 the effective date of this Act, except that references to previous convictions include 15 convictions occurring before, on, or after the effective date of this Act. 16 * Sec. 12. This Act takes effect July 1, 1995.