CSHB 204(FIN): "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; and providing for an effective date."
00CS FOR HOUSE BILL NO. 204(FIN) 01 "An Act relating to the administrative revocation of a minor's license to drive; 02 creating criminal offenses of minor operating a vehicle after consuming alcohol, 03 a minor's refusal to submit to chemical test, and driving during the 24 hours 04 after being cited for minor operating a vehicle after consuming alcohol; 05 establishing penalties for these offenses; relating to implied consent to certain 06 testing if operating a motor vehicle, aircraft, or watercraft; and providing for 07 an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 28.15.183(a) is amended to read: 10 (a) If a peace officer has probable cause to believe that a person who is at least 11 14 years of age but not yet 21 years of age has possessed or used a controlled substance 12 in violation of AS 11.71, or a municipal ordinance with substantially similar elements, 13 or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal ordinance 14 with substantially similar elements, operated a vehicle after consuming alcohol in
01 violation of AS 28.35.280, or refused to submit to a chemical test under 02 AS 28.35.285 and the peace officer has cited the person or arrested the person for a 03 violation of AS 11.71, AS 04.16.050, AS 28.35.280, or 28.35.285 or the municipal 04 ordinance with substantially similar elements, the peace officer shall read a notice and 05 deliver a copy to the person. The notice must advise that 06 (1) the department intends to revoke the person's driver's license or 07 permit, privilege to drive, or privilege to obtain a license or permit; 08 (2) the person has the right to administrative review of the revocation; 09 (3) if the person has a driver's license or permit, the notice itself is a 10 temporary driver's license or permit that expires seven days after it is delivered to the 11 person; 12 (4) revocation of the person's driver's license or permit, privilege to 13 drive, or privilege to obtain a license or permit, takes effect seven days after delivery of 14 the notice to the person unless the person, within seven days, requests an administrative 15 review; 16 (5) if the person has been cited under AS 28.35.280 or under 17 AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, 18 aircraft, or watercraft during the 24 hours following issuance of the citation. 19 * Sec. 2. AS 28.15.183(c) is amended to read: 20 (c) Unless the person has requested an administrative review, the department 21 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 22 obtain a license or permit, effective seven days after delivery to the person of the notice 23 required under (a) of this section, upon receipt of a sworn report of a peace officer 24 (1) that the officer had probable cause to believe that the person is at 25 least 14 years of age but not yet 21 years of age and has possessed or used a controlled 26 substance in violation of AS 11.71, or a municipal ordinance with substantially similar 27 elements, or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal 28 ordinance with substantially similar elements, operated a vehicle after consuming 29 alcohol in violation of AS 28.35.280, or refused to submit to a chemical test of 30 breath under AS 28.35.285; 31 (2) that the peace officer has cited the person or arrested the person for
01 (A) a violation of AS 11.71, [OR] AS 04.16.050, AS 28.35.280, 02 or 28.35.285; or 03 (B) possession or use of a controlled substance or alcohol in 04 violation of a municipal ordinance with substantially similar elements; 05 (3) that notice under (a) of this section was provided to the person; and 06 (4) describing the circumstances surrounding the violation of the 07 controlled substances provisions of AS 11.71, the alcoholic beverages provisions of 08 AS 04.16.050, or the municipal ordinance with substantially similar elements, the minor 09 operating a vehicle after consuming alcohol provisions of AS 28.35.280, or the minor 10 refusing to submit to a chemical test of breath under provisions of AS 28.35.285. 11 * Sec. 3. AS 28.15.183(g) is amended to read: 12 (g) Except as provided under (h) of this section, the department may not issue 13 a new license or reissue a license to a person whose driver's license, permit, or privilege 14 to drive has been revoked under this section unless the person is enrolled in and is in 15 compliance with, or has successfully completed 16 (1) an alcoholism education or rehabilitation treatment program, if the 17 revocation resulted from possession or consumption of alcohol in violation of 18 AS 04.16.050 or a municipal ordinance with substantially similar elements, from 19 operating a vehicle after consuming alcohol in violation of AS 28.35.280, or from 20 refusal to submit to a chemical test of breath in violation of AS 28.35.285; or 21 (2) a drug education or rehabilitation treatment program, if the revocation 22 resulted from possession or use of a controlled substance in violation of AS 11.71 or a 23 municipal ordinance with substantially similar elements. 24 * Sec. 4. AS 28.15.184(g) is amended to read: 25 (g) The hearing for review of a revocation by the department under 26 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 27 of age but not yet 21 years of age and whether the person possessed or used a controlled 28 substance in violation of AS 11.71 or a municipal ordinance with substantially similar 29 elements, or possessed or consumed alcohol in violation of AS 04.16.050 or a municipal 30 ordinance with substantially similar elements, operated a vehicle after consuming 31 alcohol in violation of AS 28.35.280, or refused to submit to a chemical test of
01 breath in violation of AS 28.35.285. 02 * Sec. 5. AS 28.35.031(a) is amended to read: 03 (a) A person who operates or drives a motor vehicle in this state or who operates 04 an aircraft as defined in AS 28.35.030(o) or who operates a watercraft as defined in 05 AS 28.35.030(o) shall be considered to have given consent to a chemical test or tests of 06 the person's breath for the purpose of determining the alcoholic content of the person's 07 blood or breath if lawfully arrested for an offense arising out of acts alleged to have been 08 committed while the person was operating or driving a motor vehicle or operating an 09 aircraft or a watercraft while intoxicated or if lawfully arrested under AS 28.35.280 10 for the offense of minor operating a vehicle after consuming alcohol. The test or 11 tests shall be administered at the direction of a law enforcement officer who has 12 reasonable grounds to believe that the person was operating or driving a motor vehicle 13 or operating an aircraft or a watercraft in this state while intoxicated or that the person 14 was a minor operating a vehicle after consuming alcohol. 15 * Sec. 6. AS 28.35 is amended by adding new sections to read: 16 ARTICLE 6. CERTAIN OFFENSES RELATING TO MINORS. 17 Sec. 28.35.280. MINOR OPERATING A VEHICLE AFTER CONSUMING 18 ALCOHOL. (a) A person who is at least 13 years of age but not yet 21 years of age 19 commits the offense of minor operating a vehicle after consuming alcohol if the person 20 operates or drives a motor vehicle or operates an aircraft or a watercraft after having 21 consumed any quantity of alcohol. A peace officer who has probable cause to believe 22 that a person has committed the offense of minor operating a vehicle after consuming 23 alcohol may 24 (1) place the person under arrest; 25 (2) request that the person submit to a chemical test or tests of the 26 person's breath for the purpose of determining the alcoholic content of the person's 27 blood or breath; and 28 (3) transport the person to a location at which a chemical or other test 29 authorized under (2) of this subsection may be administered. 30 (b) If a chemical test under (a) of this section reveals any alcohol concentration 31 within the person's blood or breath, the person shall be cited for violating (a) of this
01 section and then released unless there is a lawful reason for further detention. A person 02 who is 18 years of age or older shall be released on the person's own recognizance. A 03 person who is under the age of 18 shall be released to a parent, guardian, or legal 04 custodian. 05 (c) A person who is cited for violating (a) of this section shall be advised by a 06 peace officer that it is unlawful under AS 28.35.290 for the person to operate a motor 07 vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation. 08 (d) The offense of a minor operating a vehicle after consuming alcohol is an 09 infraction. Upon conviction, the court shall impose a fine of not more than $1,000, 10 community work service, or both. The court may offer the minor the option of 11 performing community work in place of a fine or a portion of the fine. The value of 12 community work in place of a fine is as specified in AS 12.55.055(c). 13 (e) In this section, 14 (1) "operate an aircraft" has the meaning given in AS 28.35.030(o); 15 (2) "operate a watercraft" has the meaning given in AS 28.35.030(o). 16 Sec. 28.35.285. MINOR'S REFUSAL TO SUBMIT TO CHEMICAL TEST. 17 (a) If a person under arrest for minor operating a vehicle after consuming alcohol 18 refuses the request of a peace officer to submit to a chemical test or tests of the person's 19 breath authorized under AS 28.35.031(a) and 28.35.280(a), after being advised by the 20 officer that the refusal will result in the denial or revocation of the driver's license, 21 privilege to drive, or privilege to obtain a license, that the refusal may be used against 22 the person in a civil or criminal action or proceeding arising out of an act alleged to have 23 been committed by the person while operating a vehicle after consuming alcohol, and 24 that the refusal is a violation, a chemical test may not be given. 25 (b) A person who is cited for violating (a) of this section shall be advised by a 26 peace officer that it is unlawful under AS 28.35.290 for the person to operate a motor 27 vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation. 28 (c) The refusal of a minor to submit to a chemical test authorized under 29 AS 28.35.031(a) and 28.35.280(a) is admissible evidence in a civil or criminal action or 30 proceeding arising out of an act alleged to have been committed by the person while 31 operating a vehicle after consuming alcohol.
01 (d) Refusal to submit to a chemical test or tests of the person's breath requested 02 under AS 28.35.280 is an infraction. Upon conviction, the court shall impose a fine of 03 not more than $1,000, or community work service, or both. The court may offer the 04 minor the option of performing community work in place of a fine or a portion of the 05 fine. The value of community work in place of a fine is as specified in AS 12.55.055(c). 06 Sec. 28.35.290. DRIVING DURING THE 24 HOURS AFTER BEING CITED 07 FOR ALCOHOL OR BREATH TEST OFFENSES. (a) A person who has been cited 08 for minor operating a vehicle after consuming alcohol under AS 28.35.280 or for refusal 09 to submit to a chemical test of breath under AS 28.35.285 may not operate a motor 10 vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation. 11 (b) Operating a motor vehicle, aircraft, or watercraft during the 24 hours after 12 being cited for minor operating a vehicle after consuming alcohol or for minor's refusal 13 to submit to a chemical test is an infraction. Upon conviction, the court shall impose a 14 fine of not more than $1,000, or community work service, or both. The court may offer 15 the minor the option of performing community work in place of the fine or a portion of 16 the fine. The value of community work in place of a fine is as specified in 17 AS 12.55.055(c). 18 (c) In this section, 19 (1) "operate an aircraft" has the meaning given in AS 28.35.030(o); 20 (2) "operate a watercraft" has the meaning given in AS 28.35.030(o). 21 * Sec. 7. AS 28.35.280(d) is repealed and reenacted to read: 22 (d) The offense of a minor operating a vehicle after consuming alcohol is an 23 infraction. Upon conviction, the court shall impose a fine of not more than $1,000. The 24 court may offer the minor the option of performing community work in place of a fine 25 or a portion of a fine. The value of community work in place of a fine is as specified 26 in AS 12.55.055(c). 27 * Sec. 8. AS 28.35.285(d) is repealed and reenacted to read: 28 (d) Refusal to submit to a chemical test or tests of the person's breath requested 29 under AS 28.35.280 is an infraction. Upon conviction, the court shall impose a fine of 30 not more than $1,000. The court may offer the minor the option of performing 31 community work in place of a fine or a portion of the fine. The value of community
01 work in place of a fine is as specified in AS 12.55.055(c). 02 * Sec. 9. AS 28.35.290(b) is repealed and reenacted to read: 03 (b) Operating a motor vehicle, aircraft, or watercraft during the 24 hours after 04 being cited for minor operating a vehicle after consuming alcohol is an infraction. Upon 05 conviction, the court shall impose a fine of not more than $1,000. The court may offer 06 the minor the option of performing community work in place of the fine or a portion of 07 the fine. The value of community work in place of a fine is as specified in 08 AS 12.55.055(c). 09 * Sec. 10. Sections 1 - 6 of this Act apply only to acts committed on or after the effective 10 date of secs. 1 - 6 of this Act. 11 * Sec. 11. Sections 7 - 9 of this Act take effect only upon a final decision by the Alaska 12 Court of Appeals and the Alaska Supreme Court that the possibility of imposing community 13 work service by the court for the offenses prohibited under AS 28.35.280, 28.35.285, and 14 28.35.290 gives rise to the right to court appointed counsel and trial by jury.