SB 58: "An Act relating to the privilege to drive of minors and to the penalty for the consumption or possession of alcoholic beverages by persons under 21 years of age."
00SENATE BILL NO. 58 01 "An Act relating to the privilege to drive of minors and to the penalty for the 02 consumption or possession of alcoholic beverages by persons under 21 years of 03 age." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.16.050(b) is amended to read: 06 (b) A person who violates (a) of this section is guilty of 07 (1) a violation, and, upon [. UPON] conviction of the violation in the 08 district court, the court shall [MAY] impose a fine of $250; 09 (2) a class A misdemeanor if the person was previously convicted 10 of a violation of (a) of this section or of a municipal ordinance with substantially 11 similar elements [NOT LESS THAN $100]. 12 * Sec. 2. AS 04.16.180(a) is amended to read: 13 (a) Except as provided in AS 04.11.015, AS 04.16.025, 04.16.050(b)(1) 14 [AS 04.16.050(b)], 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065, a person who
01 violates a provision of this title or a regulation adopted by the board is guilty, upon 02 conviction, of a class A misdemeanor. Each violation is a separate offense. 03 * Sec. 3. AS 28.15.183(f) is amended to read: 04 (f) A revocation imposed under this section shall be consecutive to a 05 revocation imposed under another provision of law, except that a revocation imposed 06 under this section for an offense for which a revocation is required under 07 AS 28.15.185 shall be concurrent with a revocation imposed under AS 28.15.185 that 08 is based on the same incident. A department hearing officer may grant limited license 09 privileges in accordance with the standards set out in AS 28.15.201 to a person whose 10 driver's license, permit, or privilege was revoked under this section. 11 * Sec. 4. AS 28.15.185(a) is amended to read: 12 (a) A person who is at least 13 years of age but not older than 17 years of age 13 is subject to revocation, under (b) of this section, of the person's driver's license, 14 privilege to drive, or privilege to obtain a license if the person [WHO] is convicted 15 of or [WHO] is adjudicated a delinquent minor by a [JUVENILE] court for [OF] 16 (1) misconduct involving a controlled substance under AS 11.71 or a 17 municipal ordinance with substantially similar elements; or 18 (2) [POSSESSION OR CONSUMPTION OF ALCOHOL UNDER 19 AS 04.16.050 OR A MUNICIPAL ORDINANCE WITH SUBSTANTIALLY 20 SIMILAR ELEMENTS; OR 21 (3)] an offense involving the illegal use or possession of a firearm that 22 is punishable under AS 11 or a municipal ordinance with substantially similar elements 23 [IS SUBJECT TO REVOCATION OF THE PERSON'S DRIVER'S LICENSE, 24 PRIVILEGE TO DRIVE, OR PRIVILEGE TO OBTAIN A LICENSE UNDER (b) OF 25 THIS SECTION]. 26 * Sec. 5. AS 28.15.185(c) is amended to read: 27 (c) When a person described in (a) of this section has been convicted of 28 or adjudicated a delinquent minor for [UPON CONVICTION OR ADJUDICATION 29 OF] an offense listed in (a) of this section, the court may, upon petition of the person, 30 review the revocation and may restore the driver's license, except a court may not 31 restore the driver's license until
01 (1) at least one-half of the period of revocation imposed under this 02 section has expired; and 03 (2) the person has taken and successfully completed a state approved 04 program of drug education or rehabilitation if convicted or adjudicated of misconduct 05 involving a controlled substance under AS 11.71 or a municipal ordinance with 06 substantially similar elements [, OR ALCOHOL EDUCATION OR 07 REHABILITATION IF CONVICTED OR ADJUDICATED OF POSSESSION OR 08 CONSUMPTION OF ALCOHOL UNDER AS 04.16.050 OR A MUNICIPAL 09 ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS]; however, this 10 paragraph does not apply to a person who resides in an area that does not offer a state 11 approved drug [OR ALCOHOL] education or rehabilitation program or a person that 12 the court determines does not need [ALCOHOL OR] drug education or rehabilitation. 13 * Sec. 6. APPLICABILITY. This Act applies to offenses committed on or after the 14 effective date of this Act. However, references to previous convictions include violations and 15 offenses committed on, before, or after the effective date of this Act.