SB 4: "An Act relating to arrest of a person under age 21 for illegal possession, consumption, or control of alcohol; to classifying certain offenses related to driving while intoxicated or failure to submit to a chemical test as felonies; and providing for an effective date."
00SENATE BILL NO. 4 01 "An Act relating to arrest of a person under age 21 for illegal possession, 02 consumption, or control of alcohol; to classifying certain offenses related to driving 03 while intoxicated or failure to submit to a chemical test as felonies; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.030(b) is amended to read: 07 (b) In addition to the authority granted under (a) of this section, a peace officer 08 without a warrant may arrest a person when the peace officer has reasonable cause for 09 believing that the person has committed a crime under, or violated conditions imposed 10 as a part of the person's release before trial on misdemeanor charges brought under, 11 (1) AS 04.16.050; 12 (2) AS 11.41.270 or AS 11.56.740; or 13 (3) [(2)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an 14 ordinance with elements substantially similar to the elements of a crime under
01 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 02 spouse of the person who committed the crime; a parent, grandparent, child, or 03 grandchild of the person who committed the crime; a member of the social unit 04 comprised of those living together in the same dwelling as the person who committed 05 the crime; or another person who is not a spouse or former spouse of the person who 06 committed the crime but who previously lived in a spousal relationship with the person 07 who committed the crime or is in or has been in a dating, courtship, or engagement 08 relationship with the person who committed the crime. 09 * Sec. 2. AS 12.55.102(d) is amended to read: 10 (d) The court may include the cost of the ignition interlock device as a part 11 of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) 12 or 28.35.032(g) or (q). 13 * Sec. 3. AS 28.15.291(a) is amended to read: 14 (a) Except as provided under (d) of this section, a [A] person is guilty of 15 a class A misdemeanor if the person 16 (1) drives a motor vehicle on a highway or vehicular way or area at a 17 time when that person's driver's license, privilege to drive, or privilege to obtain a 18 license has been canceled, suspended, or revoked in this or another jurisdiction; or 19 (2) drives in violation of a limitation placed upon that person's license 20 or privilege to drive in this or another jurisdiction. 21 * Sec. 4. AS 28.15.291(b) is amended to read: 22 (b) Upon conviction under (a) or (d) of this section, the court 23 (1) shall impose a minimum sentence of imprisonment 24 (A) if the person has not been previously convicted, of not less 25 than 10 days with 10 days suspended, including a mandatory condition of 26 probation that the defendant complete not less than 80 hours of community 27 work service; 28 (B) if the person has been previously convicted, of not less than 29 10 days; 30 (C) if the person's driver's license, privilege to drive, or 31 privilege to obtain a license was revoked under circumstances described in
01 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 02 license issued under AS 28.15.201(d) following that revocation, of not less than 03 20 days with 10 days suspended, and a fine of not less than $500, including a 04 mandatory condition of probation that the defendant complete not less than 80 05 hours of community work service; 06 (D) if the person's driver's license, privilege to drive, or 07 privilege to obtain a license was revoked under circumstances described in 08 AS 28.15.181(c)(2), (3), or (4), or if the person was driving in violation of a 09 limited license issued under AS 28.15.201(d) following that revocation, of not 10 less than 30 days and a fine of not less than $1,000; 11 (2) may impose additional conditions of probation; 12 (3) may not 13 (A) suspend execution of sentence or grant probation except on 14 condition that the person serve a minimum term of imprisonment and perform 15 required community work service as provided in (1) of this subsection; 16 (B) suspend imposition of sentence; and 17 (4) shall revoke the person's license, privilege to drive, or privilege to 18 obtain a license, and the person may not be issued a new license or a limited license 19 nor may the privilege to drive or obtain a license be restored for an additional period 20 of not less than 90 days after the date that the person would have been entitled to 21 restoration of driving privileges. 22 * Sec. 5. 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 for a violation of AS 28.35.030(n) or 28.35.032(q). 27 * Sec. 6. AS 28.35.030(b) is amended to read: 28 (b) Except as provided under (n) of this section, driving [DRIVING] while 29 intoxicated is a class A misdemeanor. Upon conviction 30 (1) the court shall impose a minimum sentence of imprisonment of 31 (A) not less than 72 consecutive hours and a fine of not less
01 than $250 if the person has not been previously convicted; 02 (B) not less than 20 days and a fine of not less than $500 if the 03 person has been previously convicted once [; 04 (C) NOT LESS THAN 60 DAYS AND A FINE OF NOT LESS 05 THAN $1,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 06 TWICE; 07 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 08 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 09 CONVICTED THREE TIMES; 10 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT 11 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 12 CONVICTED FOUR TIMES; 13 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 14 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 15 CONVICTED MORE THAN FOUR TIMES]; 16 (2) the court may not 17 (A) suspend execution of sentence or grant probation except on 18 condition that the person serve the minimum imprisonment under (1) of this 19 subsection; 20 (B) suspend imposition of sentence; 21 (3) the court shall revoke the person's driver's license, privilege to 22 drive, or privilege to obtain a license under AS 28.15.181 [, AND MAY ORDER THE 23 MOTOR VEHICLE OR AIRCRAFT THAT WAS USED IN COMMISSION OF THE 24 OFFENSE TO BE FORFEITED UNDER AS 28.35.036]. 25 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read: 26 (n) A person is guilty of a class C felony if the person is convicted of driving 27 while intoxicated and has been previously convicted two or more times. Upon 28 conviction the court 29 (1) shall impose a minimum sentence of imprisonment of 360 days and 30 a fine of not less than $1,000; 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; 07 (4) may order as a condition of probation that the person take antabuse 08 or a similar drug intended to prevent the consumption of an alcoholic beverage; a 09 condition of probation imposed under this paragraph is in addition to any other 10 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 26 THAN $1,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 27 TWICE; 28 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 29 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 30 CONVICTED THREE TIMES; 31 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT
01 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 02 CONVICTED FOUR TIMES; 03 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 04 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 05 CONVICTED MORE THAN FOUR TIMES]; 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 13 MOTOR VEHICLE OR AIRCRAFT THAT WAS USED IN COMMISSION OF THE 14 OFFENSE BE FORFEITED UNDER 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. Upon conviction, 20 (1) the court shall impose a minimum sentence of imprisonment of 360 21 days and a fine of not less than $1,000; 22 (2) the court may not 23 (A) suspend execution of the sentence required by (1) of this 24 subsection or grant probation, except on condition that the person serve the 25 minimum imprisonment under (1) of this subsection; or 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; 29 (4) the court may order as a condition of probation that the person take 30 antabuse or a similar drug intended to prevent consumption of an alcoholic beverage; 31 a condition of probation imposed under this paragraph is in addition to any other
01 condition authorized under another provision of law; 02 (5) the sentence imposed by the court under this subsection shall run 03 consecutively with any other sentence of imprisonment imposed on the person; and 04 (6) the court may also order forfeiture under AS 28.35.036, of the 05 vehicle or aircraft used in the commission of the offense, subject to remission under 06 AS 28.35.037. 07 * Sec. 11. APPLICABILITY. This Act applies to offenses that are committed on or after 08 the effective date of this Act, except that references to previous convictions include 09 convictions occurring before, on, or after the effective date of this Act. 10 * Sec. 12. This Act takes effect July 1, 1995.