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