00CS FOR SENATE BILL NO. 3(JUD)                                                                                           
01 "An Act authorizing prosecution and trial in the district court of municipal                                            
02 curfew violations, and providing for punishment of minors upon conviction for                                           
03 violation of a curfew ordinance."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 29.35.085 is amended by adding new subsections to read:                                             
06  (b)  Notwithstanding AS 29.25.070(a), for a violation of this section, the court                                      
07 may impose a fine of not more than $250.                                                                                
08  (c)  The community work provisions of AS 47.12.030(b)(6) apply to                                                     
09 punishment for a minor's conviction of a violation of a curfew ordinance for which a                                    
10 penalty is provided under AS 29.25.070(a).                                                                              
11    * Sec. 2.  AS 47.12.030(b) is amended to read:                                                                       
12  (b)  When a minor is accused of violating a statute specified in this subsection,                                     
13 other than a statute the violation of which is a felony, this chapter and the Alaska                                    
14 Delinquency Rules do not apply and the minor accused of the offense shall be charged,                                   

01 prosecuted, and sentenced in the district court in the same manner as an adult; if a                                    
02 minor is charged, prosecuted, and sentenced for an offense under this subsection, the                                   
03 minor's parent, guardian, or legal custodian shall be present at all proceedings; the                                   
04 provisions of this subsection apply when a minor is accused of violating                                                
05   (1)  a traffic statute or regulation, or a traffic ordinance or regulation of                                        
06 a municipality;                                                                                                         
07   (2)  AS 11.76.105, relating to the possession of tobacco by a person                                                 
08 under 19 years of age;                                                                                                  
09   (3)  a fish and game statute or regulation under AS 16;                                                              
10   (4)  a parks and recreational facilities statute or regulation under                                                 
11 AS 41.21; [AND]                                                                                                         
12   (5)  AS 04.16.050, relating to possession, control, or consumption of                                                
13 alcohol; and                                                                                                           
14   (6)  a municipal curfew ordinance, whether adopted under                                                             
15 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its                                      
16 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed                                       
17 for the violation of a municipal curfew ordinance, the court shall allow a                                              
18 defendant the option of performing community work; the value of the community                                           
19 work, which may not be lower than the amount of the fine, shall be determined                                           
20 under AS 12.55.055(c); in this paragraph, "community work" includes the work                                            
21 described in AS 12.55.055(b) or work that, on the recommendation of the                                                 
22 municipal or borough assembly, city council, or traditional village council of the                                      
23 defendant's place of residence, would benefit persons within the municipality or                                        
24 village who are elderly or disabled.