CSHB 4(JUD): "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance; relating to court records of a conviction involving a violation of the Alaska Uniform Vehicle Code or another law, regulation, or ordinance regulating the driving of vehicles; relating to implied consent to take a chemical test; relating to operating a motor vehicle without a driver's license; relating to registration of motor vehicles; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to alcoholism treatment for offenders convicted of certain offenses involving operating a motor vehicle, aircraft, or watercraft; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 4(JUD) 01 "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft 02 while under the influence of an alcoholic beverage, inhalant, or controlled substance; 03 relating to court records of a conviction involving a violation of the Alaska Uniform 04 Vehicle Code or another law, regulation, or ordinance regulating the driving of vehicles; 05 relating to implied consent to take a chemical test; relating to operating a motor vehicle 06 without a driver's license; relating to registration of motor vehicles; relating to 07 presumptions arising from the amount of alcohol in a person's breath or blood; relating 08 to alcoholism treatment for offenders convicted of certain offenses involving operating a 09 motor vehicle, aircraft, or watercraft; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read:
01 FINDINGS AND INTENT. (a) The legislature finds that 02 (1) driving on state highways is a privilege granted to citizens; 03 (2) in order to keep the privilege of driving on state highways, a citizen must 04 follow state laws regarding safe driving; 05 (3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were 06 alcohol-related; 07 (4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were 08 alcohol-related; 09 (5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine 10 percent; 11 (6) Alaska ranks in the top 15 states in terms of alcohol-related traffic 12 fatalities; 13 (7) habitual offenders do most of the harm. 14 (b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents 15 and fatalities. 16 * Sec. 2. AS 09.60.070(c)(14) is amended to read: 17 (14) driving while under the influence of an alcoholic beverage, 18 inhalant, or controlled substance [INTOXICATED] or another crime resulting from 19 the operation of a motor vehicle, boat, or airplane when the offender is under the 20 influence of an alcoholic beverage, inhalant, or controlled substance 21 [INTOXICATED]; 22 * Sec. 3. AS 12.25.033 is amended to read: 23 Sec. 12.25.033. Arrest without warrant for operating vehicle while under 24 the influence of an alcoholic beverage, inhalant, or controlled substance 25 [INTOXICATED]. A peace officer may arrest a person without a warrant, whether 26 or not the offense is committed in the presence of the officer, when the officer has 27 probable cause to believe that the person to be arrested has committed the crime of 28 operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a 29 similar city or borough ordinance, if the violation is alleged to have occurred less than 30 eight hours before the time of arrest. 31 * Sec. 4. AS 12.55.125(c) is amended to read:
01 (c) A defendant convicted of a class A felony may be sentenced to a definite 02 term of imprisonment of not more than 20 years, and shall be sentenced to the 03 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 04 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (2) of this subsection, five years; 07 (2) if the offense is a first felony conviction 08 (A) other than for manslaughter and the defendant possessed a 09 firearm, used a dangerous instrument, or caused serious physical injury during 10 the commission of the offense, or knowingly directed the conduct constituting 11 the offense at a uniformed or otherwise clearly identified peace officer, fire 12 fighter, correctional employee, emergency medical technician, paramedic, 13 ambulance attendant, or other emergency responder who was engaged in the 14 performance of official duties at the time of the offense, seven years; 15 (B) for manslaughter and the conduct resulting in the 16 conviction was knowingly directed towards a child under the age of 16, seven 17 years; 18 (C) for manslaughter and the conduct resulting in the 19 conviction involved driving while under the influence of an alcoholic 20 beverage, inhalant, or controlled substance, seven years; 21 (3) if the offense is a second felony conviction, 10 years; 22 (4) if the offense is a third felony conviction and the defendant is not 23 subject to sentencing under (l) of this section, 15 years. 24 * Sec. 5. AS 18.67.101 is amended to read: 25 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 26 board may order the payment of compensation in accordance with the provisions of 27 this chapter for personal injury or death that resulted from 28 (1) an attempt on the part of the applicant to prevent the commission of 29 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 30 officer to do so, or aiding a victim of crime; or 31 (2) the commission or attempt on the part of one other than the
01 applicant to commit any of the following offenses: 02 (A) murder in any degree; 03 (B) manslaughter; 04 (C) criminally negligent homicide; 05 (D) assault in any degree; 06 (E) kidnapping; 07 (F) sexual assault in any degree; 08 (G) sexual abuse of a minor; 09 (H) robbery in any degree; 10 (I) threats to do bodily harm; or 11 (J) driving while under the influence of an alcoholic 12 beverage, inhalant, or controlled substance [INTOXICATED] or another 13 crime resulting from the operation of a motor vehicle, boat, or airplane when 14 the offender is under the influence of an alcoholic beverage, inhalant, or 15 controlled substance [INTOXICATED]. 16 * Sec. 6. AS 28.10.041 is amended by adding a new subsection to read: 17 (d) The department shall refuse to register a vehicle if the applicant fails to 18 register the vehicle using the applicant's first, middle, and last name or a business 19 name. 20 * Sec. 7. AS 28.10 is amended by adding a new section to read: 21 Sec. 28.10.453. Seizure of registration plates resulting from chemical 22 sobriety tests and refusals to submit to tests. (a) If a law enforcement officer seizes 23 a driver's license under AS 28.15.165, the officer shall also seize the registration plates 24 for the motor vehicle the person was operating and shall deliver the registration plates 25 to the department if the person is a registered owner or co-owner of the vehicle. 26 (b) The law enforcement officer who seizes registration plates under this 27 section shall 28 (1) issue a temporary permit in a distinctive color under which the 29 vehicle may be operated that expires seven days after it is delivered to the person; and 30 (2) give the person written notice that, unless the person, within seven 31 days, requests an administrative review under AS 28.15.166, the department shall
01 suspend the registration for the motor vehicle and retain possession of the motor 02 vehicle registration plates as provided under (d) of this section. 03 (c) Unless the person has obtained a stay of a departmental action under 04 AS 28.15.166, if the chemical test administered under AS 28.33.031(a) or 05 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2) or the 06 person refused to submit to a chemical test authorized under AS 28.33.031(a) or 07 AS 28.35.031(a) or (g), the department shall revoke the registration for the motor 08 vehicle. The department's action takes effect seven days after delivery to the person of 09 the notice required under (b) of this section, and after receipt of a sworn report of a 10 law enforcement officer as described under AS 28.15.165(c). 11 (d) The period of revocation of a motor vehicle registration under this section 12 shall be for the appropriate minimum period for driver's license revocations under 13 AS 28.15.181(c) or court disqualifications under AS 28.33.140. A department hearing 14 officer may grant limited motor vehicle registration privileges to a person whose 15 motor vehicle registration was revoked under this section in accordance with the 16 standards set out in AS 28.15.201 for granting limited driver's license privileges. 17 (e) The department shall allow a person who is an owner or co-owner of a 18 motor vehicle and who is not the person who was operating the motor vehicle when 19 the registration plates were seized under (a) of this section to register the motor 20 vehicle without the name of the person who was operating the vehicle when the 21 registration plates were seized under (a) of this section. If a person registers a motor 22 vehicle under this subsection, the department shall reissue the registration plates 23 seized under (a) of this section. 24 * Sec. 8. AS 28.15.046(d) is amended to read: 25 (d) The department may not issue a license to an applicant who has been 26 convicted of driving while under the influence of an alcoholic beverage, inhalant, 27 or controlled substance [INTOXICATED] under AS 28.35.030 within two years of 28 the time of application or to an applicant who has two or more convictions for driving 29 while under the influence of an alcoholic beverage, inhalant, or controlled 30 substance [INTOXICATED] within 10 years of the time of application. 31 * Sec. 9. AS 28.15.081(a) is amended to read:
01 (a) The department shall examine every applicant for a driver's license. The 02 examination must include a test of the applicant's (1) eyesight, (2) ability to read and 03 understand official traffic control devices, (3) knowledge of safe driving practices, (4) 04 knowledge of the effects of alcohol and drugs on drivers and the dangers of driving 05 under the influence of alcohol or drugs, (5) knowledge of the laws on driving while 06 under the influence of an alcoholic beverage, inhalant, or controlled substance 07 [INTOXICATED], (6) knowledge of the laws on financial responsibility and 08 mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and 09 regulations of the state. The examination may include a demonstration of ability to 10 exercise ordinary and reasonable control in the driving of a motor vehicle of the type 11 and general class of vehicles for which the applicant seeks a license. However, an 12 applicant who has not been previously issued a driver's license by this or another 13 jurisdiction shall demonstrate ability and shall present medical information that the 14 department reasonably requires to determine fitness to safely drive a motor vehicle of 15 the type and general class of vehicles for which the applicant seeks a license. 16 * Sec. 10. AS 28.15.165(c) is amended to read: 17 (c) Unless the person has obtained a temporary permit or stay of a 18 departmental action under AS 28.15.166, if the chemical test administered under 19 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 20 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under 21 AS 28.33.031(a) or AS 28.35.031(a) or (g), the department shall revoke the person's 22 license, privilege to drive, or privilege to obtain a license, shall refuse to issue an 23 original license, and, if the chemical test administered under AS 28.33.031(a) 24 produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a 25 chemical test authorized under AS 28.33.031(a), shall disqualify the person. The 26 department's action takes effect seven days after delivery to the person of the notice 27 required under (a) of this section, and after receipt of a sworn report of a law 28 enforcement officer 29 (1) that a chemical test administered under AS 28.33.031(a) or 30 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a 31 chemical test administered under AS 28.33.031(a) produced a result described in
01 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 02 under AS 28.33.031(a) or AS 28.35.031(a) or (g); 03 (2) that notice under (a) of this section was provided to the person; and 04 (3) describing the 05 (A) circumstances surrounding the arrest and the grounds for 06 the officer's belief that the person operated a motor vehicle, commercial motor 07 vehicle, or aircraft while under the influence of an alcoholic beverage, 08 inhalant, or controlled substance [INTOXICATED] in violation of 09 AS 28.33.030 or AS 28.35.030; or 10 (B) grounds for the officer's belief that the person operated a 11 motor vehicle or commercial motor vehicle that was involved in an accident 12 causing death or serious physical injury to another person. 13 * Sec. 11. AS 28.15.166(a) is amended to read: 14 (a) A person who has received a notice under AS 28.10.453(b) or 15 AS 28.15.165(a) may make a written request (1) for administrative review of the 16 department's action under AS 28.10.453(c) or AS 28.15.165(c); or for (2) limited 17 motor vehicle registration privileges under AS 28.10.453(d) or for limited license 18 privileges under AS 28.15.165(d). If the person's driver's license has not been 19 previously surrendered to the department, it shall be surrendered to the department at 20 the time the request for review is made. 21 * Sec. 12. AS 28.15.166(b) is amended to read: 22 (b) A request for review of the department's action under AS 28.10.453 or 23 AS 28.15.165 shall be made within seven days after receipt of the notice under 24 AS 28.10.453 or AS 28.15.165, or the right to review is waived and the action of the 25 department under AS 28.10.453(c) or AS 28.15.165(c) is final. If a written request for 26 a review is made after expiration of the seven-day period, and if it is accompanied by 27 the applicant's verified statement explaining the failure to make a timely request for a 28 review, the department shall receive and consider the request. If the department finds 29 that the person was unable to make a timely request because of lack of actual notice of 30 the department's action or because of factors of physical incapacity such as 31 hospitalization or incarceration, the department shall waive the period of limitation,
01 reopen the matter, and grant the review request. An initial request for limited license 02 privileges may be made at any time. Subsequent requests for limited license 03 privileges may not be made unless the applicant demonstrates a significant change in 04 circumstances. 05 * Sec. 13. AS 28.15.166(c) is amended to read: 06 (c) Upon receipt of a request for review, if it appears that the person holds a 07 valid driver's license or motor vehicle registration plates and that the driver's license 08 or motor vehicle registration plates have [HAS] been surrendered, the department 09 shall issue a temporary driver's permit or motor vehicle registration that is valid until 10 the scheduled date for the review. A person who has requested a review under this 11 section may request, and the department may grant for good cause, a delay in the date 12 of the hearing. If necessary, the department may issue additional temporary permits to 13 stay the effective date of its action under AS 28.15.165(c) until the final order after the 14 review is issued. 15 * Sec. 14. AS 28.15.166(g) is amended to read: 16 (g) The hearing for review of action by the department under AS 28.15.165 17 shall be limited to the issues of whether the law enforcement officer had probable 18 cause [REASONABLE GROUNDS] to believe that the person was operating a motor 19 vehicle or commercial motor vehicle that was involved in an accident causing death or 20 serious physical injury to another, or that the person was operating a motor vehicle, 21 commercial motor vehicle, or aircraft while under the influence of an alcoholic 22 beverage, inhalant, or controlled substance [INTOXICATED] in violation of 23 AS 28.33.030 or AS 28.35.030 and whether 24 (1) the person refused to submit to a chemical test authorized under 25 AS 28.33.031(a) or AS 28.35.031(a) or (g) after being advised that refusal would 26 result in disqualification or the suspension, revocation, or denial of the person's 27 license, privilege to drive, or privilege to obtain a license, and that the refusal is a 28 misdemeanor; 29 (2) the chemical test administered under AS 28.33.031(a) or 30 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2); or 31 (3) the chemical test administered under AS 28.33.031(a) produced a
01 result described in AS 28.33.030(a)(2). 02 * Sec. 15. AS 28.15.181(a) is amended to read: 03 (a) Conviction of any of the following offenses is grounds for the immediate 04 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 05 (1) manslaughter or negligent homicide resulting from driving a motor 06 vehicle; 07 (2) a felony in the commission of which a motor vehicle is used; 08 (3) failure to stop and give aid as required by law when a motor 09 vehicle accident results in the death or personal injury of another; 10 (4) perjury or making a false affidavit or statement under oath to the 11 department under a law relating to motor vehicles; 12 (5) operating a motor vehicle or aircraft while under the influence of 13 an alcoholic beverage, inhalant, or controlled substance [INTOXICATED]; 14 (6) reckless driving; 15 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 16 officer; 17 (8) refusal to submit to a chemical test authorized under 18 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 19 commercial motor vehicle, or aircraft while under the influence of an alcoholic 20 beverage, inhalant, or controlled substance [INTOXICATED], or authorized under 21 AS 28.35.031(g); 22 (9) driving while license, privilege to drive, or privilege to obtain a 23 license, canceled, suspended, or revoked, or in violation of a limitation; 24 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 25 vehicle theft in the second degree in violation of AS 11.46.365. 26 * Sec. 16. AS 28.15.181(c) is amended to read: 27 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 28 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 29 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 30 obtain a license. The revocation may be concurrent with or consecutive to an 31 administrative revocation under AS 28.15.165. The court may not, except as provided
01 in AS 28.15.201, grant limited license privileges during the minimum period of 02 revocation. Except as provided under AS 28.35.030(n)(3) and 28.35.032(p)(3), the 03 [THE] minimum periods of revocation are [:] 04 (1) not less than 90 days if the person has not been previously 05 convicted; 06 (2) not less than one year if the person has been previously convicted 07 once; 08 (3) not less than 3 years if the person has been previously convicted 09 twice; 10 (4) not less than 5 years if the person has been previously convicted 11 more than twice. 12 * Sec. 17. AS 28.15.191(a) is amended to read: 13 (a) A court that convicts a person of an offense under this title or a regulation 14 adopted under this title, or another law or regulation of this state, or a municipal 15 ordinance that regulates the driving of vehicles, shall forward a record of the 16 conviction to the department within five working days. A conviction of a standing or 17 parking offense need not be reported. 18 * Sec. 18. AS 28.15.201(d) is amended to read: 19 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 20 a license under AS 28.15.181(c), or the department when revoking a driver's license, 21 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 22 limited license privileges for the final 60 days during which the license is revoked if 23 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 24 for a violation of AS 28.15.181(a)(8); 25 (2) the person has not been previously convicted; in this paragraph, 26 "previously convicted" has the meaning given in AS 28.35.030 and also includes 27 convictions based on laws presuming that the person was under the influence of 28 intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the 29 person's blood; 30 (3) the court or the department determines that the person's ability to 31 earn a livelihood would be severely impaired without a limited license;
01 (4) the court or the department determines that a limitation under (a) of 02 this section can be placed on the license that will enable the person to earn a livelihood 03 without excessive danger to the public; and 04 (5) the court or the department determines that the person has met [IS 05 ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS SUCCESSFULLY 06 COMPLETED, AN] alcoholism screening, evaluation, referral, and [EDUCATION 07 AND REHABILITATION TREATMENT] program requirements of the 08 Department of Health and Social Services under AS 28.35.030(h). 09 * Sec. 19. AS 28.15.211(d) is amended to read: 10 (d) At the end of a period of revocation or limitation following a revocation, a 11 person whose driver's license has been revoked may apply to the department for the 12 issuance of a new license, but shall submit to reexamination, pay all required fees 13 including a reinstatement fee, and, if the license was revoked under 14 AS 28.15.181(a)(5) or (8), submit proof to the court or the department that the 15 person has met the alcoholism screening, evaluation, referral, and program 16 requirements of the Department of Health and Social Services under 17 AS 28.35.030(h) [OF 18 (1) ENROLLMENT IN AND COMPLIANCE WITH OR 19 COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION 20 TREATMENT PROGRAM APPROVED UNDER AS 47.37 IF THE PERSON WAS 21 SENTENCED UNDER AS 28.15.181(c)(1); OR 22 (2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM 23 EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED 24 UNDER AS 47.37 IF THE PERSON WAS CONVICTED UNDER 25 AS 28.15.181(c)(2) - (4)]. 26 * Sec. 20. AS 28.15.271(b) is amended to read: 27 (b) In addition to the fees under (a) of this section, 28 (1) a person who renews a driver's license by mail shall pay a fee of 29 $1; 30 (2) a person who applies for a limited driver's license under 31 AS 28.15.201 shall pay a fee of $100; and
01 (3) a person who applies for reinstatement of a driver's license under 02 AS 28.15.211 shall pay a fee of 03 (A) $100 if the person's driver's license has, within the 10 years 04 preceding the application, been suspended, revoked, or limited under the 05 provisions of this chapter, except as provided by (C) of this paragraph, only 06 once; [OR] 07 (B) $250 if the person's driver's license has, within the 10 years 08 preceding the application, been suspended, revoked, or limited under the 09 provisions of this chapter, except as provided by (D) of this paragraph, two 10 or more times; 11 (C) $200 if the person's driver's license has, within the 10 12 years preceding the application, been revoked under AS 28.35.030 or 13 28.35.032 only once; or 14 (D) $500 if the person's driver's license has, within the 10 15 years preceding the application, been revoked under AS 28.35.030 or 16 28.35.032 two or more times. 17 * Sec. 21. AS 28.15.281(b) is amended to read: 18 (b) A person may not authorize or knowingly permit a motor vehicle owned 19 by the person or under the control of the person to be driven in this state by a person 20 who is not validly licensed. This subsection does not apply to a victim of domestic 21 violence who authorizes or permits a motor vehicle to be driven due to fear of the 22 perpetrator of the domestic violence. In this subsection, "domestic violence" has 23 the meaning given in AS 18.66.990. 24 * Sec. 22. AS 28.33.030 is amended to read: 25 Sec. 28.33.030. Operating a commercial motor vehicle while under the 26 influence of an alcoholic beverage, inhalant, or controlled substance 27 [INTOXICATED]. (a) A person commits the crime of operating a commercial 28 motor vehicle while under the influence of an alcoholic beverage, inhalant, or 29 controlled substance [INTOXICATED] if the person operates a commercial motor 30 vehicle 31 (1) while under the influence of an alcoholic beverage, inhalant,
01 [INTOXICATING LIQUOR] or any controlled substance; 02 (2) when, as determined by a chemical test taken within four hours 03 after the alleged offense was committed, there is 0.04 percent or more by weight of 04 alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of 05 blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's 06 breath; or 07 (3) while under the combined influence of an alcoholic beverage, 08 inhalant, [INTOXICATING LIQUOR] and a controlled substance. 09 (b) Operating a commercial motor vehicle while under the influence of an 10 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class 11 A misdemeanor. 12 (c) The sentencing of a person convicted under this section shall be in 13 accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, 14 and other provisions of AS 28.35.030, as if the person had been convicted of a 15 violation of AS 28.35.030. For purposes of sentencing, convictions for operating a 16 commercial motor vehicle while under the influence of an alcoholic beverage, 17 inhalant, or controlled substance [INTOXICATED] under this section, and for 18 refusal to submit to a chemical test under AS 28.33.032, if arising out of a single 19 transaction, are considered one previous conviction. 20 * Sec. 23. AS 28.33.031(a) is amended to read: 21 (a) A person who operates a commercial motor vehicle in this state is 22 considered to have given consent to a chemical test or tests 23 (1) of the person's breath if lawfully arrested for an offense arising out 24 of acts alleged to have been committed when the person was operating the commercial 25 motor vehicle while under the influence of an alcoholic beverage, inhalant, or 26 controlled substance [INTOXICATED]; the test or tests may be administered at the 27 direction of a law enforcement officer who has probable cause [REASONABLE 28 GROUNDS] to believe that the person was operating a commercial motor vehicle 29 while under the influence of an alcoholic beverage, inhalant, or controlled 30 substance [INTOXICATED] in violation of AS 28.33.030 or AS 28.35.030; 31 (2) of the person's breath and blood for the purpose of determining the
01 alcoholic content of the person's breath and blood and is considered to have given 02 consent to a chemical test or tests of the person's blood and urine for the purpose of 03 determining the presence of controlled substances in the person's blood and urine if 04 the person is involved in a motor vehicle accident that causes death or serious physical 05 injury to another person; the test or tests may be administered at the direction of a law 06 enforcement officer who has probable cause [REASONABLE GROUNDS] to 07 believe that the person was operating a commercial motor vehicle that was involved in 08 an accident causing death or serious physical injury to another person. 09 * Sec. 24. AS 28.33.031(c) is amended to read: 10 (c) A person who operates a commercial motor vehicle is considered to have 11 given consent to a preliminary breath test, at the direction of a law enforcement 12 officer, for the purpose of determining the alcoholic content of the person's blood or 13 breath. A law enforcement officer may administer a preliminary breath test if the 14 officer has probable cause [REASONABLE GROUNDS] to believe that the person's 15 ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic 16 beverages and that 17 (1) the commercial motor vehicle caused injury to person or property; 18 (2) the person violated the provisions of AS 28.33.130(a) or violated 19 the terms of an out-of-service order issued under AS 28.33.130; or 20 (3) the person unlawfully operated a commercial motor vehicle; in this 21 paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, 22 regulation, or ordinance. 23 * Sec. 25. AS 28.33.033(a) is amended to read: 24 (a) Upon the trial of a civil or criminal action or proceedings arising out of 25 acts alleged to have been committed by a person operating a commercial motor 26 vehicle while under the influence of an alcoholic beverage [INTOXICATED] in 27 violation of AS 28.33.030, the following rules apply with regard to the amount of 28 alcohol in the person's blood or breath at the time alleged: 29 (1) if there was less than 0.04 percent by weight of alcohol in the 30 person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's 31 blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact
01 does not give rise to a presumption that the person was or was not under the influence 02 of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be 03 considered with other competent evidence in determining whether the person was 04 under the influence of an alcoholic beverage [INTOXICATING LIQUOR]; 05 (2) if there was 0.04 percent or more by weight of alcohol in the 06 person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's 07 blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is 08 presumed that the person was under the influence of an alcoholic beverage 09 [INTOXICATING LIQUOR]. 10 * Sec. 26. AS 28.33.033(c) is amended to read: 11 (c) The provisions of (a) of this section may not be construed to limit the 12 introduction of any other competent evidence bearing upon the question of whether 13 the person was or was not under the influence of an alcoholic beverage 14 [INTOXICATING LIQUOR]. 15 * Sec. 27. AS 28.33.140(a) is amended to read: 16 (a) In addition to the court action provided in AS 28.15.181, conviction of any 17 of the following offenses is grounds for immediate disqualification from driving a 18 commercial motor vehicle for the periods set out in this section: 19 (1) operating a commercial motor vehicle while under the influence 20 of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in 21 violation of AS 28.33.030; 22 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 23 (3) operating a motor vehicle while under the influence of an 24 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in 25 violation of AS 28.35.030; 26 (4) leaving the scene of an accident in violation of AS 28.35.060, or 27 failing to file, or providing false information in, an accident report in violation of 28 AS 28.35.110; 29 (5) a felony under state or federal law, which was facilitated because 30 the person used a commercial motor vehicle; 31 (6) a serious traffic violation; or
01 (7) driving after being placed out of service in violation of regulations 02 adopted under AS 28.05.011. 03 * Sec. 28. AS 28.35.030(a) is amended to read: 04 (a) A person commits the crime of driving while under the influence of an 05 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the 06 person operates or drives a motor vehicle or operates an aircraft or a watercraft 07 (1) while under the influence of an alcoholic beverage, intoxicating 08 liquor, inhalant, or any controlled substance; 09 (2) when, as determined by a chemical test taken within four hours 10 after the alleged offense was committed, there is 0.08 [0.10] percent or more by 11 weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 12 100 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 13 liters of the person's breath; or 14 (3) while the person is under the combined influence of an alcoholic 15 beverage, an intoxicating liquor, an inhalant, and a controlled substance. 16 * Sec. 29. AS 28.35.030(b) is amended to read: 17 (b) Except as provided under (n) of this section, driving while under the 18 influence of an alcoholic beverage, inhalant, or controlled substance 19 [INTOXICATED] is a class A misdemeanor. Except as provided under (r) of this 20 section, upon [UPON] conviction, 21 (1) the court shall impose a minimum sentence of imprisonment of 22 (A) not less than 72 consecutive hours and a fine of not less 23 than $1,500 [$250] if the person has not been previously convicted; 24 (B) not less than 30 days, or not less than 20 days if the court 25 orders the person to perform 10 days of community service as authorized 26 under AS 12.55.055, and a fine of not less than $3,000 [$500] if the person 27 has been previously convicted once; 28 (C) not less than 60 days and a fine of not less than $4,000 29 [$1,000] if the person has been previously convicted twice and is not subject to 30 punishment under (n) of this section; 31 (D) not less than 120 days and a fine of not less than $5,000
01 [$2,000] if the person has been previously convicted three times and is not 02 subject to punishment under (n) of this section; 03 (E) not less than 240 days and a fine of not less than $6,000 04 [$3,000] if the person has been previously convicted four times and is not 05 subject to punishment under (n) of this section; 06 (F) not less than 360 days and a fine of not less than $7,000 07 [$4,000] if the person has been previously convicted more than four times and 08 is not subject to punishment under (n) of this section; 09 (2) the court may not 10 (A) suspend execution of sentence or grant probation except on 11 condition that the person serve the minimum imprisonment under (1) of this 12 subsection; 13 (B) suspend imposition of sentence; 14 (3) the court shall revoke the person's driver's license, privilege to 15 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 16 motor vehicle, [OR] aircraft, or watercraft that was used in commission of the 17 offense to be forfeited under AS 28.35.036; 18 (4) the court shall, if the person has been previously convicted 19 (A) order the motor vehicle, aircraft, or watercraft used in 20 the commission of the offense forfeited under AS 28.35.036 or shall order 21 the motor vehicle, aircraft, or watercraft taken to the owner's residence or 22 property and immobilized for the period of time that the person's driver's 23 license is revoked; the court shall also require the person to pay any 24 administrative costs of keeping the motor vehicle, aircraft, or watercraft 25 immobilized; or 26 (B) two or more times, order the motor vehicle, aircraft, or 27 watercraft used in the commission of the offense forfeited under 28 AS 28.35.036. 29 * Sec. 30. AS 28.35.030(d) is amended to read: 30 (d) Except as prohibited by federal law or regulation, every provider of 31 treatment programs to which persons are ordered under [(h) OF] this section shall
01 supply the judge, prosecutor, defendant, and an agency involved in the 02 defendant's treatment with information and reports concerning the defendant's 03 past and present assessment, treatment, and progress [ALASKA COURT 04 SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND 05 TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY 06 REQUIRE BY RULE]. Information compiled under this subsection is confidential 07 and may only be used in connection with court proceedings involving the 08 defendant's treatment [BY A COURT IN SENTENCING A PERSON 09 CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN 10 PREPARING A PRESENTENCE REPORT FOR THE USE OF THE COURT IN 11 SENTENCING A PERSON CONVICTED UNDER THIS SECTION]. 12 * Sec. 31. AS 28.35.030(h) is amended to read: 13 (h) The court shall order a person convicted under this section to satisfy the 14 screening, evaluation, referral, and program requirements of an alcohol safety action 15 program if such a program is available in the community where the person resides, or 16 a private or public treatment facility approved by the division of alcoholism and drug 17 abuse, of the Department of Health and Social Services, under AS 47.37 to make 18 referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person 19 is convicted under (n) of this section, the court shall order the person to be evaluated 20 as required by this subsection before the court imposes sentence for the offense. 21 Treatment required under this subsection shall occur, as much as possible, when 22 the person is incarcerated. The cost of treatment required under this subsection 23 shall be paid to the state by the person being treated. The cost of treatment 24 required to be paid to the state under this subsection may not exceed $10,000; 25 however, the cost of treatment must include at least $150 for the cost of an 26 alcohol safety action program if the program is available. Upon the person's 27 conviction, the court shall include reimbursement of the cost of treatment as a 28 part of the sentence. Except for reimbursement from a permanent fund dividend 29 as provided in this subsection, payment of the cost of treatment is not required if 30 the court determines the person is indigent. For costs of treatment that are not 31 paid by the person as required by this subsection, the state shall seek
01 reimbursement from the person's permanent fund dividend as provided in 02 AS 43.23.065. This subsection does not apply to costs of treatment incurred by a 03 person if the cost is incurred as a result of treatment not required under this 04 subsection. 05 * Sec. 32. AS 28.35.030(k) is amended to read: 06 (k) Imprisonment required under (b)(1)(A) or (B) of this section shall be 07 served at a community residential center or, if a community residential center is not 08 available, at another appropriate place determined by the commissioner of corrections. 09 The cost of imprisonment resulting from the sentence imposed under (b)(1) of this 10 section shall be paid to the state by the person being sentenced provided, however, that 11 the cost of imprisonment required to be paid under this subsection may not exceed 12 $2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of 13 imprisonment as a part of the judgment of conviction. Except for reimbursement from 14 a permanent fund dividend as provided in this subsection, payment of the cost of 15 imprisonment is not required if the court determines the person is indigent. For costs 16 of imprisonment that are not paid by the person as required by this subsection, the 17 state shall seek reimbursement from the person's permanent fund dividend as provided 18 under AS 43.23.065. While at the community residential center or other appropriate 19 place, a person sentenced under (b)(1)(A) of this section shall perform at least 24 20 hours of community service work, and a person sentenced under (b)(1)(B) of this 21 section shall perform at least 160 hours of community service work, as required by the 22 director of the community residential center or other appropriate place. In this 23 subsection, "appropriate place" means a facility with 24-hour on-site staff supervision 24 that is specifically adapted to provide a residence, and includes a correctional center, 25 residential treatment facility, hospital, halfway house, group home, work farm, work 26 camp, or other place that provides varying levels of restriction. 27 * Sec. 33. AS 28.35.030(n) is amended to read: 28 (n) A person is guilty of a class C felony if the person is convicted under (a) 29 of this section [OF DRIVING WHILE INTOXICATED] and has been previously 30 convicted two or more times since January 1, 1996, and within the 10 [FIVE] years 31 preceding the date of the present offense. For purposes of determining minimum
01 sentences based on previous convictions, the provisions of (o)(4) of this section apply. 02 Except as provided under (r) of this section, upon [UPON] conviction, the court 03 (1) shall impose a fine of not less than $10,000 [$5,000] and a 04 minimum sentence of imprisonment of not less than 05 (A) 180 [120] days if the person has been previously convicted 06 twice; 07 (B) 360 [240] days if the person has been previously convicted 08 three times; 09 (C) 440 [360] days if the person has been previously convicted 10 four or more times; 11 (2) may not 12 (A) suspend execution of sentence or grant probation except on 13 condition that the person serve the minimum imprisonment under (1) of this 14 subsection; or 15 (B) suspend imposition of sentence; 16 (3) shall permanently revoke the person's driver's license, privilege to 17 drive, or privilege to obtain a license subject to restoration of the license under (p) 18 of this section [UNDER AS 28.15.181(c)]; 19 (4) may order as a condition of probation or parole that the person take 20 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 21 beverage; a condition of probation imposed under this paragraph is in addition to any 22 other condition authorized under another provision of law; [AND] 23 (5) shall [MAY] also order forfeiture under AS 28.35.036 of the 24 vehicle, watercraft, or aircraft used in the commission of the offense, subject to 25 remission under AS 28.35.037; and 26 (6) shall order the department to revoke the registration for any 27 vehicle registered by the department in the name of the person convicted under 28 this subsection; if a person convicted under this subsection is a registered co- 29 owner of a vehicle or is registered as a co-owner under a business name, the 30 department shall reissue the vehicle registration and omit the name of the person 31 convicted under this subsection.
01 * Sec. 34. AS 28.35.030(o) is amended to read: 02 (o) In this section, 03 (1) "inhalant" has the meaning given to the phrase "hazardous 04 volatile material or substance" in AS 47.37.270; [REPEALED] 05 (2) "operate an aircraft" means to [USE,] navigate, pilot, or taxi an 06 aircraft in the airspace over this state, or upon the land or water inside this state; 07 (3) "operate a watercraft" means to navigate [OR USE] a vessel used 08 or capable of being used as a means of transportation on water for recreational or 09 commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial 10 limits or under the jurisdiction of the state; 11 (4) "previously convicted" means having been convicted in this or 12 another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE 13 PRESENT OFFENSE,] of any of the following offenses; however, convictions for any 14 of these offenses, if arising out of a single transaction and a single arrest, are 15 considered one previous conviction: 16 (A) operating a motor vehicle, aircraft, or watercraft while 17 under the influence of an alcoholic beverage, inhalant, or controlled 18 substance [INTOXICATED,] in violation of this section or in violation of 19 another law or ordinance with similar elements, except that the other law or 20 ordinance may provide for a lower level of alcohol in the person's blood or 21 breath than imposed under (a)(2) of this section; 22 (B) refusal to submit to a chemical test in violation of 23 AS 28.35.032 or in violation of another law or ordinance with similar 24 elements; or 25 (C) operating a commercial motor vehicle while under the 26 influence of an alcoholic beverage, inhalant, or controlled substance 27 [INTOXICATED] in violation of AS 28.33.030 or in violation of another law 28 or ordinance with similar elements, except that the other law or ordinance may 29 provide for a lower level of alcohol in the person's blood or breath than 30 imposed under AS 28.33.030(a)(2). 31 * Sec. 35. AS 28.35.030 is amended by adding new subsections to read:
01 (p) Upon request, the department shall review a driver's license revocation 02 imposed under (n)(3) of this section and may restore the driver's license if 03 (1) the license has been revoked for a period of at least 10 years; 04 (2) the person has not been convicted of a criminal offense since the 05 license was revoked; and 06 (3) the person provides proof of financial responsibility. 07 (q) If a person is convicted under this section and has been previously 08 convicted, the court shall order the person to surrender the registration plates for any 09 vehicle registered or co-registered in the person's name. The person shall surrender 10 the registration plates to the department by the close of the next business day. A 11 person other than the person convicted under this section who applies to register a 12 motor vehicle that has registration plates that were required to be surrendered under 13 this section but that were not surrendered as required by this subsection may not 14 register the vehicle unless the person registering the vehicle provides proof 15 satisfactory to the department that the person did not know that the registration plates 16 were required to be surrendered under this subsection or the person pays twice the 17 applicable registration fee required under AS 28.10.421. 18 (r) The court may suspend 19 (1) a portion of the mandatory minimum sentence required under 20 (b)(1) or (n)(1) of this section if the court determines that the person has successfully 21 completed a therapeutic court program; and 22 (2) up to 50 percent of the minimum fines required under (b)(1) or 23 (n)(1) of this section. 24 (s) For purposes of this section, the director of the division within the 25 department responsible for administration of this section or a person designated by the 26 director may request and receive criminal justice information available under 27 AS 12.62. In this subsection, "criminal justice information" has the meaning given in 28 AS 12.62.900. 29 * Sec. 36. AS 28.35.031(a) is amended to read: 30 (a) A person who operates or drives a motor vehicle in this state or who 31 operates an aircraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(2)] or who
01 operates a watercraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(3)] shall be 02 considered to have given consent to a chemical test or tests of the person's breath for 03 the purpose of determining the alcoholic content of the person's blood or breath if 04 lawfully arrested for an offense arising out of acts alleged to have been committed 05 while the person was operating or driving a motor vehicle or operating an aircraft or a 06 watercraft while under the influence of an alcoholic beverage, inhalant, or 07 controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280 08 for the offense of minor operating a vehicle after consuming alcohol. The test or tests 09 shall be administered at the direction of a law enforcement officer who has probable 10 cause [REASONABLE GROUNDS] to believe that the person was operating or 11 driving a motor vehicle or operating an aircraft or a watercraft in this state while 12 under the influence of an alcoholic beverage, inhalant, or controlled substance 13 [INTOXICATED] or that the person was a minor operating a vehicle after consuming 14 alcohol. 15 * Sec. 37. AS 28.35.031(b) is amended to read: 16 (b) A person who operates or drives a motor vehicle in this state or who 17 operates an aircraft or watercraft shall be considered to have given consent to a 18 preliminary breath test for the purpose of determining the alcoholic content of the 19 person's blood or breath. A law enforcement officer may administer a preliminary 20 breath test at the scene of the incident if the officer has probable cause 21 [REASONABLE GROUNDS] to believe that a person's ability to operate a motor 22 vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and 23 that the person 24 (1) was operating or driving a motor vehicle, aircraft, or watercraft that 25 is involved in an accident; 26 (2) committed a moving traffic violation or unlawfully operated an 27 aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any 28 federal, state, or municipal statute, regulation, or ordinance, except for violations that 29 do not provide reason to believe that the operator's ability to operate the aircraft or 30 watercraft was impaired by the ingestion of alcoholic beverages; or 31 (3) was operating or driving a motor vehicle in violation of
01 AS 28.35.029(a). 02 * Sec. 38. AS 28.35.031(g) is amended to read: 03 (g) A person who operates or drives a motor vehicle in this state shall be 04 considered to have given consent to a chemical test or tests of the person's breath and 05 blood for the purpose of determining the alcoholic content of the person's breath and 06 blood and shall be considered to have given consent to a chemical test or tests of the 07 person's blood and urine for the purpose of determining the presence of controlled 08 substances in the person's blood and urine if the person is involved in a motor vehicle 09 accident that causes death or serious physical injury to another person. The test or 10 tests may be administered at the direction of a law enforcement officer who has 11 probable cause [REASONABLE GROUNDS] to believe that the person was 12 operating or driving a motor vehicle in this state that was involved in an accident 13 causing death or serious physical injury to another person. 14 * Sec. 39. AS 28.35.031 is amended by adding a new subsection to read: 15 (h) Nothing in this section shall be construed to restrict searches or seizures 16 under a warrant issued by a judicial officer, in addition to a test permitted under this 17 section. 18 * Sec. 40. AS 28.35.032(a) is amended to read: 19 (a) If a person under arrest for operating a motor vehicle or aircraft while 20 under the influence of an alcoholic beverage, inhalant, or controlled substance 21 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 22 chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person 23 involved in a motor vehicle accident that causes death or serious physical injury to 24 another person refuses the request of a law enforcement officer to submit to a 25 chemical test authorized under AS 28.33.031(a)(2) or AS 28.35.031(g), after being 26 advised by the officer that the refusal will result in the denial or revocation of the 27 driver's license, privilege to drive, or privilege to obtain a license, that the refusal may 28 be used against the person in a civil or criminal action or proceeding arising out of an 29 act alleged to have been committed by the person while operating a motor vehicle or 30 aircraft while under the influence of an alcoholic beverage, inhalant, or controlled 31 substance [INTOXICATED], and that the refusal is a crime, a chemical test may not
01 be given, except as provided by AS 28.35.035. If a person under arrest for operating a 02 watercraft while under the influence of an alcoholic beverage, inhalant, or 03 controlled substance [INTOXICATED] refuses the request of a law enforcement 04 officer to submit to a chemical test authorized under AS 28.35.031(a), after being 05 advised by the officer that the refusal may be used against the person in a civil or 06 criminal action or proceeding arising out of an act alleged to have been committed by 07 the person while operating a watercraft while under the influence of an alcoholic 08 beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal 09 is a crime, a chemical test may not be given, except as provided by AS 28.35.035. 10 * Sec. 41. AS 28.35.032(e) is amended to read: 11 (e) The refusal of a person to submit to a chemical test authorized under 12 AS 28.33.031(a) or AS 28.35.031(a) or (g) is admissible evidence in a civil or criminal 13 action or proceeding arising out of an act alleged to have been committed by the 14 person while operating or driving a motor vehicle or operating an aircraft or watercraft 15 while under the influence of an alcoholic beverage, inhalant, or controlled 16 substance [INTOXICATED]. 17 * Sec. 42. AS 28.35.032(g) is amended to read: 18 (g) Except as provided under (t) of this section, upon [UPON] conviction 19 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 $1,500 [$250] if the person has not been previously convicted; 23 (B) not less than 30 days, or not less than 20 days if the court 24 orders the person to perform 10 days of community service as authorized 25 under AS 12.55.055, and a fine of not less than $3,000 [$500] if the person 26 has been previously convicted once; 27 (C) not less than 60 days and a fine of not less than $4,000 28 [$1,000] if the person has been previously convicted twice and is not subject to 29 punishment under (p) of this section; 30 (D) not less than 120 days and a fine of not less than $5,000 31 [$2,000] if the person has been previously convicted three times and is not
01 subject to punishment under (p) of this section; 02 (E) not less than 240 days and a fine of not less than $6,000 03 [$3,000] if the person has been previously convicted four times and is not 04 subject to punishment under (p) of this section; 05 (F) not less than 360 days and a fine of not less than $7,000 06 [$4,000] if the person has been previously convicted more than four times and 07 is not subject to punishment under (p) of this section; 08 (2) the court may not 09 (A) suspend execution of the sentence required by (1) of this 10 subsection or grant probation, except on condition that the person serve the 11 minimum imprisonment under (1) of this subsection; or 12 (B) suspend imposition of sentence; 13 (3) the court shall revoke the person's driver's license, privilege to 14 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 15 motor vehicle, [OR] aircraft, or watercraft that was used in commission of the 16 offense be forfeited under AS 28.35.036; [AND] 17 (4) the court shall, if the person has been previously convicted 18 (A) order the motor vehicle, aircraft, or watercraft used in 19 the commission of the offense forfeited under AS 28.35.036 or shall order 20 the motor vehicle, aircraft, or watercraft taken to the owner's residence or 21 property and immobilized for the period of time that the person's driver's 22 license is revoked; the court shall also require the person to pay any 23 administrative costs of keeping the motor vehicle, aircraft, or watercraft 24 immobilized; or 25 (B) two or more times, order the motor vehicle, aircraft, or 26 watercraft used in the commission of the offense forfeited under 27 AS 28.35.036; 28 (5) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person. 30 * Sec. 43. AS 28.35.032(h) is amended to read: 31 (h) Except as prohibited by federal law or regulation, every provider of
01 treatment programs to which persons are ordered under [(l) OF] this section shall 02 supply the judge, prosecutor, defendant, and an agency involved in the 03 defendant's treatment with information and reports concerning the defendant's 04 past and present assessment, treatment, and progress [ALASKA COURT 05 SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND 06 TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY 07 REQUIRE BY RULE]. Information compiled under this subsection is confidential 08 and may only be used in connection with court proceedings involving the 09 defendant's treatment [BY A COURT IN SENTENCING A PERSON 10 CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN 11 PREPARING A PRE-SENTENCE REPORT FOR THE USE OF THE COURT IN 12 SENTENCING A PERSON CONVICTED UNDER THIS SECTION]. 13 * Sec. 44. AS 28.35.032(j) is amended to read: 14 (j) For purposes of this section, convictions for operating or driving while 15 under the influence of an alcoholic beverage, inhalant, or controlled substance 16 [INTOXICATED] under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 17 chemical test under this section, if arising out of a single transaction and a single 18 arrest, are considered one previous conviction. 19 * Sec. 45. AS 28.35.032(l) is amended to read: 20 (l) The court shall order a person convicted under this section to satisfy the 21 screening, evaluation, referral, and program requirements of an alcohol safety action 22 program if such a program is available in the community where the person resides, or 23 a private or public treatment facility approved by the division of alcoholism and drug 24 abuse, of the Department of Health and Social Services, under AS 47.37 to make 25 referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person 26 is convicted under (p) of this section, the court shall order the person to be evaluated 27 as required by this subsection before the court imposes sentence for the offense. 28 Treatment required under this subsection shall occur, as much as possible, when 29 the person is incarcerated. The cost of treatment required under this subsection 30 shall be paid to the state by the person being treated. The cost of treatment 31 required to be paid to the state under this subsection may not exceed $10,000;
01 however, the cost of treatment must include at least $150 for the cost of an 02 alcohol safety action program if the program is available. Upon the person's 03 conviction, the court shall include reimbursement of the cost of treatment as a 04 part of the sentence. Except for reimbursement from a permanent fund dividend 05 as provided in this subsection, payment of the cost of treatment is not required if 06 the court determines the person is indigent. For costs of treatment that are not 07 paid by the person as required by this subsection, the state shall seek 08 reimbursement from the person's permanent fund dividend as provided in 09 AS 43.23.065. This subsection does not apply to costs of treatment incurred by a 10 person if the cost is incurred as a result of treatment not required under this 11 subsection. 12 * Sec. 46. AS 28.35.032(o) is amended to read: 13 (o) Imprisonment required under (g)(1)(A) or (B) of this section shall be 14 served at a community residential center, or if a community residential center is not 15 available, at another appropriate place determined by the commissioner of corrections. 16 The cost of imprisonment resulting from the sentence imposed under (g)(1) of this 17 section shall be paid to the state by the person being sentenced provided, however, that 18 the cost of imprisonment required to be paid under this subsection may not exceed 19 $2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of 20 imprisonment as a part of the judgment of conviction. Except for reimbursement from 21 a permanent fund dividend as provided in this subsection, payment of the cost of 22 imprisonment is not required if the court determines the person is indigent. For costs 23 of imprisonment that are not paid by the person as required by this subsection, the 24 state shall seek reimbursement from the person's permanent fund dividend as provided 25 under AS 43.23.065. While at the community residential center or other appropriate 26 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24 27 hours of community service work and a person sentenced under (g)(1)(B) of this 28 section shall perform at least 160 hours of community service work, as required by the 29 director of the community residential center or other appropriate place. In this 30 subsection, "appropriate place" means a facility with 24-hour on-site staff supervision 31 that is specifically adapted to provide a residence, and includes a correctional center,
01 residential treatment facility, hospital, halfway house, group home, work farm, work 02 camp, or other place that provides varying levels of restriction. 03 * Sec. 47. AS 28.35.032(p) is amended to read: 04 (p) A person is guilty of a class C felony if the person is convicted under this 05 section and has been previously convicted two or more times since January 1, 1996, 06 and within the 10 [FIVE] years preceding the date of the present offense. For 07 purposes of determining minimum sentences based on previous convictions, the 08 provisions of AS 28.35.030(o)(4) apply. Except as provided under (t) of this 09 section, upon [UPON] conviction, 10 (1) the court shall impose a fine of not less than $10,000 [$5,000] and 11 a minimum sentence of imprisonment of not less than 12 (A) 180 [120] days if the person has been previously convicted 13 twice; 14 (B) 360 [240] days if the person has been previously convicted 15 three times; 16 (C) 440 [360] days if the person has been previously convicted 17 four or more times; 18 (2) the court may not 19 (A) suspend execution of the sentence required by (1) of this 20 subsection or grant probation, except on condition that the person serve the 21 minimum imprisonment under (1) of this subsection; or 22 (B) suspend imposition of sentence; 23 (3) the court shall permanently revoke the person's driver's license, 24 privilege to drive, or privilege to obtain a license subject to restoration under (r) of 25 this section [UNDER AS 28.15.181(c)]; 26 (4) the court may order as a condition of probation or parole that the 27 person take a drug, or combination of drugs, intended to prevent consumption of an 28 alcoholic beverage; a condition of probation imposed under this paragraph is in 29 addition to any other condition authorized under another provision of law; 30 (5) the sentence imposed by the court under this subsection shall run 31 consecutively with any other sentence of imprisonment imposed on the person; [AND]
01 (6) the court shall [MAY] also order forfeiture under AS 28.35.036, of 02 the motor vehicle, [OR] aircraft, or watercraft used in the commission of the offense, 03 subject to remission under AS 28.35.037; and 04 (7) shall order the department to revoke the registration for any 05 vehicle registered by the department in the name of the person convicted under 06 this subsection; if a person convicted under this subsection is a registered co- 07 owner of a vehicle, the department shall reissue the vehicle registration and omit 08 the name of the person convicted under this subsection. 09 * Sec. 48. AS 28.35.032 is amended by adding new subsections to read: 10 (r) Upon request, the department shall review a driver's license revocation 11 imposed under (p)(3) of this section and may restore the driver's license if 12 (1) the license has been revoked for a period of at least 10 years; 13 (2) the person has not been convicted of a criminal offense since the 14 license was revoked; and 15 (3) the person provides proof of financial responsibility. 16 (s) If a person is convicted under this section and has been previously 17 convicted, the court shall order the person to surrender the registration plates for any 18 vehicle registered or co-registered in the person's name. The person shall surrender 19 the registration plates to the department by the close of the next business day. A 20 person other than the person convicted under this section who applies to register a 21 motor vehicle that has registration plates that were required to be surrendered under 22 this section but that were not surrendered as required by this subsection may not 23 register the vehicle unless the person registering the vehicle provides proof 24 satisfactory to the department that the person did not know that the registration plates 25 were required to be surrendered under this subsection or the person pays twice the 26 applicable registration fee required under AS 28.10.421. 27 (t) The court may suspend 28 (1) a portion of the mandatory minimum sentence required under 29 (g)(1) or (p)(1) of this section if the court determines that the person has successfully 30 completed a therapeutic court program; and 31 (2) up to 50 percent of the minimum fine required under (g)(1) and
01 (p)(1) of this section. 02 * Sec. 49. AS 28.35.033(a) is amended to read: 03 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 04 alleged to have been committed by a person while operating or driving a motor vehicle 05 or operating an aircraft or a watercraft while under the influence of an alcoholic 06 beverage, inhalant, or controlled substance [INTOXICATED], the amount of 07 alcohol in the person's blood or breath at the time alleged shall give rise to the 08 following presumptions: 09 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 10 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 11 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 12 breath, it shall be presumed that the person was not under the influence of an 13 alcoholic beverage [INTOXICATING LIQUOR]. 14 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 15 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 16 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or in 17 excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of 18 the person's breath, that fact does not give rise to any presumption that the person was 19 or was not under the influence of an alcoholic beverage [INTOXICATING 20 LIQUOR], but that fact may be considered with other competent evidence in 21 determining whether the person was under the influence of an alcoholic beverage 22 [INTOXICATING LIQUOR]. 23 (3) [REPEALED 24 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 25 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 26 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 27 breath, it shall be presumed that the person was under the influence of an alcoholic 28 beverage [INTOXICATING LIQUOR]. 29 * Sec. 50. AS 28.35.033(e) is amended to read: 30 (e) The person tested may have a physician, or a qualified technician, chemist, 31 registered nurse, or other qualified person of the person's own choosing administer a
01 chemical test in addition to the test administered at the direction of a law enforcement 02 officer. The failure or inability to obtain an additional test by a person does not 03 preclude the admission of evidence relating to the test taken at the direction of a law 04 enforcement officer; the fact that the person under arrest sought to obtain such an 05 additional test, and failed or was unable so to do, is likewise admissible in evidence. 06 The person who administers the chemical test shall clearly and expressly inform 07 the person tested of that person's right to an independent test described under 08 this subsection, and, if the person being tested requests an independent test, the 09 department shall make reasonable and good-faith efforts to assist the person 10 being tested in contacting a person qualified to perform an independent chemical 11 test of the person's breath or blood. 12 * Sec. 51. AS 28.35.035(a) is amended to read: 13 (a) If a person is under arrest for an offense arising out of acts alleged to have 14 been committed while the person was operating a motor vehicle, aircraft, or watercraft 15 while under the influence of an alcoholic beverage, inhalant, or controlled 16 substance [INTOXICATED], and that arrest results from an accident that causes 17 death or physical injury to another person, a chemical test may be administered 18 without the consent of the person arrested to determine the amount of alcohol in that 19 person's breath or blood or to determine the presence of controlled substances in that 20 person's blood and urine. 21 * Sec. 52. AS 28.35.036(a) is amended to read: 22 (a) After conviction of an offense under AS 28.35.030 or 28.35.032, the court 23 [STATE] may [MOVE THE COURT TO] order the forfeiture of the motor vehicle, 24 [OR] aircraft, or watercraft involved in the commission of the offense and shall 25 order forfeiture of the motor vehicle, aircraft, or watercraft if the convicted 26 person has been previously convicted twice in this or another jurisdiction [OF MORE 27 THAN ONE OF THE FOLLOWING OFFENSES] or has [MORE THAN ONCE] 28 been previously convicted twice of one of the following offenses: 29 (1) driving while under the influence of an alcoholic beverage, 30 inhalant, or controlled substance [INTOXICATED] under AS 28.35.030 or another 31 law or ordinance with substantially similar elements; or
01 (2) refusal to submit to a chemical test under AS 28.35.032 or another 02 law or ordinance with substantially similar elements. 03 * Sec. 53. AS 28.35.036(e) is amended to read: 04 (e) If not released under AS 28.35.037, a motor vehicle, aircraft, or 05 watercraft forfeited under this section may be disposed of at the discretion of the 06 Department of Public Safety. Disposal under this subsection includes, by way of 07 example and not of limitation, 08 (1) sale, as a unit or in parts, including sale at an auction, and the 09 proceeds deposited into the general fund; 10 (2) transfer to a state or municipal law enforcement agency; 11 (3) being declared surplus and transferred to the Department of 12 Administration; or 13 (4) being destroyed. 14 * Sec. 54. AS 28.35.038 is amended to read: 15 Sec. 28.35.038. Municipal impoundment and forfeiture. Notwithstanding 16 other provisions in this title, a municipality may adopt an ordinance providing for the 17 impoundment or forfeiture of a motor vehicle [,] or aircraft [,] involved in the 18 commission of an offense under AS 28.35.030, 28.35.032, or an ordinance with 19 elements substantially similar to AS 28.35.030 or 28.35.032. An ordinance adopted 20 under this section may include a fee for the administrative costs incurred by the 21 municipality and is not required to be consistent with this title or regulations adopted 22 under this title. 23 * Sec. 55. AS 28.35.039(2) is amended to read: 24 (2) "alcohol safety action program" means a program for alcohol and 25 substance abuse screening, referral, and monitoring developed and implemented 26 or approved by the Department of Health and Social Services under AS 47.37 27 [DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL 28 SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM]. 29 * Sec. 56. AS 47.37.040(14) is amended to read: 30 (14) cooperate with the Department of Public Safety and the 31 Department of Transportation and Public Facilities in establishing and conducting
01 programs designed to deal with the problem of persons operating motor vehicles while 02 under the influence of an alcoholic beverage, inhalant, or controlled substance 03 [INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and 04 approve alcohol information courses required to be taken by drivers under AS 28.15 or 05 made available to drivers to reduce points assessed for violation of traffic laws; 06 * Sec. 57. AS 47.37.040 is amended by adding a new paragraph to read: 07 (20) develop and implement, or designate, in cooperation with other 08 state or local agencies, an alcohol safety action program that provides alcohol and 09 substance abuse screening, referral, and monitoring services to persons who have been 10 referred by a court in connection with a charge or conviction of a misdemeanor 11 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled 12 substance, or referred by an agency of the state with the responsibility for 13 administering motor vehicle laws in connection with a driver's license action involving 14 the use of alcohol or a controlled substance. 15 * Sec. 58. AS 47.37.130(b) is amended to read: 16 (b) The program of the division must include 17 (1) emergency treatment provided by a facility affiliated with or part of 18 the medical service of a general hospital; 19 (2) inpatient treatment; 20 (3) intermediate treatment; [AND] 21 (4) outpatient and follow-up treatment; and 22 (5) standards for alcohol safety action programs; the standards 23 may vary in their requirements and stringency according to the population, price 24 level, remoteness, access to transportation, and availability of ancillary services of 25 the area to be served; a program must meet the applicable standards before it is 26 approved by the division as an alcohol safety action program; the standards 27 required under this paragraph shall be established in a manner that provides 28 protection of the health, safety, and well-being of clients of the affected programs 29 and protection for the affected programs from exposure to malpractice and 30 liability actions. 31 * Sec. 59. AS 47.37.130 is amended by adding new subsections to read:
01 (h) The division shall 02 (1) inspect, on a regular basis, approved public and private alcohol 03 safety action programs at reasonable times and in a reasonable manner; and 04 (2) maintain a list of approved public and private alcohol safety action 05 programs. 06 (i) An approved public and private alcohol safety action program shall file 07 with the division on request data, statistics, schedules, and information that the 08 division reasonably requires. An approved program that fails without good cause to 09 furnish any data, statistics, schedules, or information as requested, or files fraudulent 10 returns of them, shall be removed from the list of approved programs. 11 (j) The director, after holding a hearing under the provisions of AS 44.62 12 (Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant 13 an approval for an alcohol safety action program for failure to meet standards 14 established under (b) of this section. 15 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. (a) Section 6 of this Act applies to registration of a motor vehicle 18 that occurs on or after the effective date of this Act. 19 (b) This Act applies to offenses committed on or after the effective date of this Act, 20 except that references to previous convictions include convictions occurring before, on, or 21 after the effective date of this Act. 22 * Sec. 61. This Act takes effect July 1, 2001.