SCS 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 SENATE CS FOR 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 (8) district courts in Anchorage and Juneau have been applying therapeutic 06 court models to municipal offenders charged with driving while intoxicated and other alcohol- 07 related offenses; 08 (9) judges throughout Alaska have expressed interest in using therapeutic 09 court models to reduce recidivism among alcoholic offenders. 10 (b) It is the intent of this Act to 11 (1) reduce the number of alcohol-related traffic accidents and fatalities; 12 (2) encourage the effort described under (1) of this subsection by creating a 13 treatment process to be used by the court system; 14 (3) assist the development and operation of therapeutic courts approved by the 15 presiding judge in the judicial district by using the existing Alaska nonprofit corporation that 16 currently funds and coordinates the noncourt, community-related functions for the existing 17 Anchorage Wellness Court or other similar Alaska nonprofit corporation for offenders 18 charged with driving while intoxicated and other alcohol-related offenses; these functions 19 include case coordination, sobriety monitoring, and community liaison to provide medical 20 treatment and other services; 21 (4) modify the existing laws on impoundment and forfeiture of a motor 22 vehicle by following the municipal impoundment and forfeiture process established in 23 Anchorage and Fairbanks. 24 * Sec. 2. AS 09.60.070(c)(14) is amended to read: 25 (14) driving while under the influence of an alcoholic beverage, 26 inhalant, or controlled substance [INTOXICATED] or another crime resulting from 27 the operation of a motor vehicle, boat, or airplane when the offender is under the 28 influence of an alcoholic beverage, inhalant, or controlled substance 29 [INTOXICATED]; 30 * Sec. 3. AS 12.25.033 is amended to read: 31 Sec. 12.25.033. Arrest without warrant for operating vehicle while under
01 the influence of an alcoholic beverage, inhalant, or controlled substance 02 [INTOXICATED]. A peace officer may arrest a person without a warrant, whether 03 or not the offense is committed in the presence of the officer, when the officer has 04 probable cause to believe that the person to be arrested has committed the crime of 05 operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a 06 similar city or borough ordinance, if the violation is alleged to have occurred less than 07 eight hours before the time of arrest. 08 * Sec. 4. AS 12.55.125(c) is amended to read: 09 (c) A defendant convicted of a class A felony may be sentenced to a definite 10 term of imprisonment of not more than 20 years, and shall be sentenced to the 11 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 12 12.55.175: 13 (1) if the offense is a first felony conviction and does not involve 14 circumstances described in (2) of this subsection, five years; 15 (2) if the offense is a first felony conviction 16 (A) other than for manslaughter and the defendant possessed a 17 firearm, used a dangerous instrument, or caused serious physical injury during 18 the commission of the offense, or knowingly directed the conduct constituting 19 the offense at a uniformed or otherwise clearly identified peace officer, fire 20 fighter, correctional employee, emergency medical technician, paramedic, 21 ambulance attendant, or other emergency responder who was engaged in the 22 performance of official duties at the time of the offense, seven years; 23 (B) for manslaughter and the conduct resulting in the 24 conviction was knowingly directed towards a child under the age of 16, seven 25 years; 26 (C) for manslaughter and the conduct resulting in the 27 conviction involved driving while under the influence of an alcoholic 28 beverage, inhalant, or controlled substance, seven years; 29 (3) if the offense is a second felony conviction, 10 years; 30 (4) if the offense is a third felony conviction and the defendant is not 31 subject to sentencing under (l) of this section, 15 years.
01 * Sec. 5. AS 18.67.101 is amended to read: 02 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 03 board may order the payment of compensation in accordance with the provisions of 04 this chapter for personal injury or death that resulted from 05 (1) an attempt on the part of the applicant to prevent the commission of 06 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 07 officer to do so, or aiding a victim of crime; or 08 (2) the commission or attempt on the part of one other than the 09 applicant to commit any of the following offenses: 10 (A) murder in any degree; 11 (B) manslaughter; 12 (C) criminally negligent homicide; 13 (D) assault in any degree; 14 (E) kidnapping; 15 (F) sexual assault in any degree; 16 (G) sexual abuse of a minor; 17 (H) robbery in any degree; 18 (I) threats to do bodily harm; or 19 (J) driving while under the influence of an alcoholic 20 beverage, inhalant, or controlled substance [INTOXICATED] or another 21 crime resulting from the operation of a motor vehicle, boat, or airplane when 22 the offender is under the influence of an alcoholic beverage, inhalant, or 23 controlled substance [INTOXICATED]. 24 * Sec. 6. AS 28.01 is amended by adding a new section to read: 25 Sec. 28.01.015. Municipal impoundment and forfeiture. (a) 26 Notwithstanding other provisions in this title, a municipality may adopt an ordinance 27 providing for the impoundment or forfeiture of a 28 (1) motor vehicle, watercraft, or aircraft involved in the commission of 29 an offense under AS 28.35.030, 28.35.032, or an ordinance with elements substantially 30 similar to AS 28.35.030 or 28.35.032; 31 (2) motor vehicle involved in the commission of an offense under
01 AS 28.15.291 or an ordinance with elements similar to AS 28.15.291; 02 (3) motor vehicle used by a person whose license is suspended under 03 AS 28.22.041; or 04 (4) motor vehicle used by a person who fails to carry proof of 05 insurance as required under AS 28.22.019. 06 (b) An ordinance adopted under (a) of this section may 07 (1) include a fee for the administrative costs incurred by the 08 municipality; and 09 (2) be more stringent than or the same as but may not be less stringent 10 than applicable provisions under this title or regulations adopted under this title. 11 * Sec. 7. AS 28.10.041 is amended by adding a new subsection to read: 12 (d) The department shall refuse to register a vehicle if the applicant fails to 13 register the vehicle using the applicant's full first, middle, and last name or a business 14 name. 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(g) is amended to read: 05 (g) The hearing for review of action by the department under AS 28.15.165 06 shall be limited to the issues of whether the law enforcement officer had probable 07 cause [REASONABLE GROUNDS] to believe that the person was operating a motor 08 vehicle or commercial motor vehicle that was involved in an accident causing death or 09 serious physical injury to another, or that the person was operating a motor vehicle, 10 commercial motor vehicle, or aircraft while under the influence of an alcoholic 11 beverage, inhalant, or controlled substance [INTOXICATED] in violation of 12 AS 28.33.030 or AS 28.35.030 and whether 13 (1) the person refused to submit to a chemical test authorized under 14 AS 28.33.031(a) or AS 28.35.031(a) or (g) after being advised that refusal would 15 result in disqualification or the suspension, revocation, or denial of the person's 16 license, privilege to drive, or privilege to obtain a license, and that the refusal is a 17 misdemeanor; 18 (2) the chemical test administered under AS 28.33.031(a) or 19 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2); or 20 (3) the chemical test administered under AS 28.33.031(a) produced a 21 result described in AS 28.33.030(a)(2). 22 * Sec. 12. AS 28.15.181(a) is amended to read: 23 (a) Conviction of any of the following offenses is grounds for the immediate 24 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 25 (1) manslaughter or negligent homicide resulting from driving a motor 26 vehicle; 27 (2) a felony in the commission of which a motor vehicle is used; 28 (3) failure to stop and give aid as required by law when a motor 29 vehicle accident results in the death or personal injury of another; 30 (4) perjury or making a false affidavit or statement under oath to the 31 department under a law relating to motor vehicles;
01 (5) operating a motor vehicle or aircraft while under the influence of 02 an alcoholic beverage, inhalant, or controlled substance [INTOXICATED]; 03 (6) reckless driving; 04 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 05 officer; 06 (8) refusal to submit to a chemical test authorized under 07 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 08 commercial motor vehicle, or aircraft while under the influence of an alcoholic 09 beverage, inhalant, or controlled substance [INTOXICATED], or authorized under 10 AS 28.35.031(g); 11 (9) driving while license, privilege to drive, or privilege to obtain a 12 license, canceled, suspended, or revoked, or in violation of a limitation; 13 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 14 vehicle theft in the second degree in violation of AS 11.46.365. 15 * Sec. 13. AS 28.15.181(c) is amended to read: 16 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 17 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 18 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 19 obtain a license. The revocation may be concurrent with or consecutive to an 20 administrative revocation under AS 28.15.165. The court may not, except as provided 21 in AS 28.15.201, grant limited license privileges during the minimum period of 22 revocation. Except as provided under AS 28.35.030(n)(3) and 28.35.032(p)(3), the 23 [THE] minimum periods of revocation are [:] 24 (1) not less than 90 days if the person has not been previously 25 convicted; 26 (2) not less than one year if the person has been previously convicted 27 once; 28 (3) not less than 3 years if the person has been previously convicted 29 twice; 30 (4) not less than 5 years if the person has been previously convicted 31 more than twice.
01 * Sec. 14. AS 28.15.191(a) is amended to read: 02 (a) A court that convicts a person of an offense under this title or a regulation 03 adopted under this title, or another law or regulation of this state, or a municipal 04 ordinance that regulates the driving of vehicles, shall forward a record of the 05 conviction to the department within five working days. A conviction of a standing or 06 parking offense need not be reported. 07 * Sec. 15. AS 28.15.201(d) is amended to read: 08 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 09 a license under AS 28.15.181(c), or the department when revoking a driver's license, 10 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 11 limited license privileges for the final 60 days during which the license is revoked if 12 (1) the revocation was for a misdemeanor conviction under 13 AS 28.35.030(a) [VIOLATION OF AS 28.15.181(a)(5)] and not for a violation of 14 AS 28.35.032 [AS 28.15.181(a)(8)]; 15 (2) the person has not been previously convicted; in this paragraph, 16 "previously convicted" has the meaning given in AS 28.35.030 and also includes 17 convictions based on laws presuming that the person was under the influence of 18 intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the 19 person's blood; 20 (3) the court or the department determines that the person's ability to 21 earn a livelihood would be severely impaired without a limited license; 22 (4) the court or the department determines that a limitation under (a) of 23 this section can be placed on the license that will enable the person to earn a livelihood 24 without excessive danger to the public; and 25 (5) the court or the department determines that the person is enrolled in 26 and is in compliance with, or has successfully completed the [, AN] alcoholism 27 screening, evaluation, referral, and [EDUCATION AND REHABILITATION 28 TREATMENT] program requirements of the Department of Health and Social 29 Services under AS 28.35.030(h). 30 * Sec. 16. AS 28.15.211(d) is amended to read: 31 (d) At the end of a period of revocation or limitation following a revocation, a
01 person whose driver's license has been revoked may apply to the department for the 02 issuance of a new license, but shall submit to reexamination, pay all required fees 03 including a reinstatement fee, and, if the license was revoked under 04 AS 28.15.181(a)(5) or (8), submit proof to the court or the department that the 05 person has met the alcoholism screening, evaluation, referral, and program 06 requirements of the Department of Health and Social Services under 07 AS 28.35.030(h) [OF 08 (1) ENROLLMENT IN AND COMPLIANCE WITH OR 09 COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION 10 TREATMENT PROGRAM APPROVED UNDER AS 47.37 IF THE PERSON WAS 11 SENTENCED UNDER AS 28.15.181(c)(1); OR 12 (2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM 13 EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED 14 UNDER AS 47.37 IF THE PERSON WAS CONVICTED UNDER 15 AS 28.15.181(c)(2) - (4)]. 16 * Sec. 17. AS 28.15.271(b) is amended to read: 17 (b) In addition to the fees under (a) of this section, 18 (1) a person who renews a driver's license by mail shall pay a fee of 19 $1; 20 (2) a person who applies for a limited driver's license under 21 AS 28.15.201 shall pay a fee of $100; and 22 (3) a person who applies for reinstatement of a driver's license under 23 AS 28.15.211 shall pay a fee of 24 (A) $100 if the person's driver's license has, within the 10 years 25 preceding the application, been suspended, revoked, or limited under the 26 provisions of this chapter, except as provided by (C) of this paragraph, only 27 once; [OR] 28 (B) $250 if the person's driver's license has, within the 10 years 29 preceding the application, been suspended, revoked, or limited under the 30 provisions of this chapter, except as provided by (D) of this paragraph, two 31 or more times;
01 (C) $200 if the person's driver's license has, within the 10 02 years preceding the application, been revoked under AS 28.35.030 or 03 28.35.032 only once; or 04 (D) $500 if the person's driver's license has, within the 10 05 years preceding the application, been revoked under AS 28.35.030 or 06 28.35.032 two or more times. 07 * Sec. 18. AS 28.15.291(b) is amended to read: 08 (b) Upon conviction under (a) of this section, the court 09 (1) shall impose a minimum sentence of imprisonment 10 (A) if the person has not been previously convicted, of not less 11 than 10 days with 10 days suspended, including a mandatory condition of 12 probation that the defendant complete not less than 80 hours of community 13 work service; 14 (B) if the person has been previously convicted, of not less than 15 10 days; 16 (C) if the person's driver's license, privilege to drive, or 17 privilege to obtain a license was revoked under circumstances described in 18 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 19 license issued under AS 28.15.201(d) following that revocation, of not less 20 than 20 days with 10 days suspended, and a fine of not less than $500, 21 including a mandatory condition of probation that the defendant complete not 22 less than 80 hours of community work service; 23 (D) if the person's driver's license, privilege to drive, or 24 privilege to obtain a license was revoked under circumstances described in 25 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 26 limited license issued under AS 28.15.201(d) following that revocation, of not 27 less than 30 days and a fine of not less than $1,000; 28 (2) may impose additional conditions of probation; 29 (3) may not 30 (A) suspend execution of sentence or grant probation except on 31 condition that the person serve a minimum term of imprisonment and perform
01 required community work service as provided in (1) of this subsection; 02 (B) suspend imposition of sentence; [AND] 03 (4) shall revoke the person's license, privilege to drive, or privilege to 04 obtain a license, and the person may not be issued a new license or a limited license 05 nor may the privilege to drive or obtain a license be restored for an additional period 06 of not less than 90 days after the date that the person would have been entitled to 07 restoration of driving privileges; and 08 (5) may order that the motor vehicle that was used in commission 09 of the offense be forfeited under AS 28.35.036. 10 * Sec. 19. AS 28.20.230 is amended by adding a new subsection to read: 11 (c) Notwithstanding any other provisions of this chapter, a person convicted of 12 driving under the influence of an alcoholic beverage, inhalant, or controlled substance 13 in violation of AS 28.35.030, or convicted of refusal to submit to a chemical test of 14 breath under AS 28.35.032, shall maintain proof of financial responsibility for the 15 future for (1) five years if the person has not been previously convicted; (2) 10 years if 16 the person has been previously convicted once; (3) 20 years if the person has been 17 previously convicted twice; (4) for as long as the person is licensed to drive under 18 AS 28.15 if the person has been previously convicted three or more times. In this 19 subsection, "previously convicted" has the meaning given in AS 28.35.030. 20 * Sec. 20. AS 28.22 is amended by adding a new section to read: 21 Sec. 28.22.019. Proof of insurance to be carried and exhibited on demand. 22 (a) A person shall have proof of motor vehicle liability insurance in the person's 23 immediate possession at all times when driving a motor vehicle, and shall present the 24 proof for inspection upon the demand of a peace officer or other authorized 25 representative of the Department of Public Safety. However, a person charged with 26 violating this section may not be convicted if the person produces in court or in the 27 office of the arresting or citing officer proof of motor vehicle liability insurance 28 previously issued to the person that was valid at the time of the person's arrest or 29 citation. 30 (b) A municipality may adopt an ordinance 31 (1) requiring a person to display a decal on the person's motor vehicle
01 indicating compliance with (a) of this section; or 02 (2) that is substantially similar to (a) of this section and may impose a 03 penalty for violating the ordinance as provided under AS 29.25.070. 04 (c) In this section, "proof" means a copy of the insurance policy or certificate 05 of self-insurance that is in effect or a printed card or electronic certification from an 06 insurance company, insurance agent, insurance broker, or surplus lines broker that a 07 policy that complies with AS 28.22.011 is in effect. 08 * Sec. 21. AS 28.33.030 is amended to read: 09 Sec. 28.33.030. Operating a commercial motor vehicle while under the 10 influence of an alcoholic beverage, inhalant, or controlled substance 11 [INTOXICATED]. (a) A person commits the crime of operating a commercial 12 motor vehicle while under the influence of an alcoholic beverage, inhalant, or 13 controlled substance [INTOXICATED] if the person operates a commercial motor 14 vehicle 15 (1) while under the influence of an alcoholic beverage, inhalant, 16 [INTOXICATING LIQUOR] or any controlled substance; 17 (2) when, as determined by a chemical test taken within four hours 18 after the alleged offense was committed, there is 0.04 percent or more by weight of 19 alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of 20 blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's 21 breath; or 22 (3) while under the combined influence of an alcoholic beverage, 23 inhalant, [INTOXICATING LIQUOR] and a controlled substance. 24 (b) Operating a commercial motor vehicle while under the influence of an 25 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class 26 A misdemeanor. 27 (c) The sentencing of a person convicted under this section shall be in 28 accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, 29 and other provisions of AS 28.35.030, as if the person had been convicted of a 30 violation of AS 28.35.030. For purposes of sentencing, convictions for operating a 31 commercial motor vehicle while under the influence of an alcoholic beverage,
01 inhalant, or controlled substance [INTOXICATED] under this section, and for 02 refusal to submit to a chemical test under AS 28.33.032, if arising out of a single 03 transaction, are considered one previous conviction. 04 * Sec. 22. AS 28.33.031(a) is amended to read: 05 (a) A person who operates a commercial motor vehicle in this state is 06 considered to have given consent to a chemical test or tests 07 (1) of the person's breath if lawfully arrested for an offense arising out 08 of acts alleged to have been committed when the person was operating the commercial 09 motor vehicle while under the influence of an alcoholic beverage, inhalant, or 10 controlled substance [INTOXICATED]; the test or tests may be administered at the 11 direction of a law enforcement officer who has probable cause [REASONABLE 12 GROUNDS] to believe that the person was operating a commercial motor vehicle 13 while under the influence of an alcoholic beverage, inhalant, or controlled 14 substance [INTOXICATED] in violation of AS 28.33.030 or AS 28.35.030; 15 (2) of the person's breath and blood for the purpose of determining the 16 alcoholic content of the person's breath and blood and is considered to have given 17 consent to a chemical test or tests of the person's blood and urine for the purpose of 18 determining the presence of controlled substances in the person's blood and urine if 19 the person is involved in a motor vehicle accident that causes death or serious physical 20 injury to another person; the test or tests may be administered at the direction of a law 21 enforcement officer who has probable cause [REASONABLE GROUNDS] to 22 believe that the person was operating a commercial motor vehicle that was involved in 23 an accident causing death or serious physical injury to another person. 24 * Sec. 23. AS 28.33.031(c) is amended to read: 25 (c) A person who operates a commercial motor vehicle is considered to have 26 given consent to a preliminary breath test, at the direction of a law enforcement 27 officer, for the purpose of determining the alcoholic content of the person's blood or 28 breath. A law enforcement officer may administer a preliminary breath test if the 29 officer has probable cause [REASONABLE GROUNDS] to believe that the person's 30 ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic 31 beverages and that
01 (1) the commercial motor vehicle caused injury to person or property; 02 (2) the person violated the provisions of AS 28.33.130(a) or violated 03 the terms of an out-of-service order issued under AS 28.33.130; or 04 (3) the person unlawfully operated a commercial motor vehicle; in this 05 paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, 06 regulation, or ordinance. 07 * Sec. 24. AS 28.33.033(a) is amended to read: 08 (a) Upon the trial of a civil or criminal action or proceedings arising out of 09 acts alleged to have been committed by a person operating a commercial motor 10 vehicle while under the influence of an alcoholic beverage [INTOXICATED] in 11 violation of AS 28.33.030, the following rules apply with regard to the amount of 12 alcohol in the person's blood or breath at the time alleged: 13 (1) if there was less than 0.04 percent by weight of alcohol in the 14 person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's 15 blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact 16 does not give rise to a presumption that the person was or was not under the influence 17 of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be 18 considered with other competent evidence in determining whether the person was 19 under the influence of an alcoholic beverage [INTOXICATING LIQUOR]; 20 (2) if there was 0.04 percent or more by weight of alcohol in the 21 person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's 22 blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is 23 presumed that the person was under the influence of an alcoholic beverage 24 [INTOXICATING LIQUOR]. 25 * Sec. 25. AS 28.33.033(c) is amended to read: 26 (c) The provisions of (a) of this section may not be construed to limit the 27 introduction of any other competent evidence bearing upon the question of whether 28 the person was or was not under the influence of an alcoholic beverage 29 [INTOXICATING LIQUOR]. 30 * Sec. 26. AS 28.33.140(a) is amended to read: 31 (a) In addition to the court action provided in AS 28.15.181, conviction of any
01 of the following offenses is grounds for immediate disqualification from driving a 02 commercial motor vehicle for the periods set out in this section: 03 (1) operating a commercial motor vehicle while under the influence 04 of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in 05 violation of AS 28.33.030; 06 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 07 (3) operating a motor vehicle while under the influence of an 08 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in 09 violation of AS 28.35.030; 10 (4) leaving the scene of an accident in violation of AS 28.35.060, or 11 failing to file, or providing false information in, an accident report in violation of 12 AS 28.35.110; 13 (5) a felony under state or federal law, which was facilitated because 14 the person used a commercial motor vehicle; 15 (6) a serious traffic violation; or 16 (7) driving after being placed out of service in violation of regulations 17 adopted under AS 28.05.011. 18 * Sec. 27. AS 28.35.030(a) is amended to read: 19 (a) A person commits the crime of driving while under the influence of an 20 alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the 21 person operates or drives a motor vehicle or operates an aircraft or a watercraft 22 (1) while under the influence of an alcoholic beverage, intoxicating 23 liquor, inhalant, 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 0.08 percent or more by weight of 26 alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of 27 blood, or when there is 0.08 grams or more of alcohol per 210 liters of the person's 28 breath; or 29 (3) while the person is under the combined influence of an alcoholic 30 beverage, an intoxicating liquor, an inhalant, and a controlled substance. 31 * Sec. 28. AS 28.35.030(b) is amended to read:
01 (b) Except as provided under (n) of this section, driving while under the 02 influence of an alcoholic beverage, inhalant, or controlled substance 03 [INTOXICATED] is a class A misdemeanor. Except as provided under (q) of this 04 section, upon [UPON] conviction, 05 (1) the court shall impose a minimum sentence of imprisonment of 06 (A) not less than 72 consecutive hours and a fine of not less 07 than $1,500 [$250] if the person has not been previously convicted; 08 (B) not less than 20 days and a fine of not less than $3,000 09 [$500] if the person has been previously convicted once; 10 (C) not less than 60 days and a fine of not less than $4,000 11 [$1,000] if the person has been previously convicted twice and is not subject to 12 punishment under (n) of this section; 13 (D) not less than 120 days and a fine of not less than $5,000 14 [$2,000] if the person has been previously convicted three times and is not 15 subject to punishment under (n) of this section; 16 (E) not less than 240 days and a fine of not less than $6,000 17 [$3,000] if the person has been previously convicted four times and is not 18 subject to punishment under (n) of this section; 19 (F) not less than 360 days and a fine of not less than $7,000 20 [$4,000] if the person has been previously convicted more than four times and 21 is not subject to punishment under (n) of this section; 22 (2) the court may not 23 (A) suspend execution of sentence or grant probation except on 24 condition that the person serve the minimum imprisonment under (1) of this 25 subsection; 26 (B) suspend imposition of sentence; 27 (3) the court shall revoke the person's driver's license, privilege to 28 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 29 motor vehicle, [OR] aircraft, or watercraft that was used in commission of the 30 offense [TO] be forfeited under AS 28.35.036; and 31 (4) the court may order that the person, while incarcerated or as a
01 condition of probation or parole, take a drug or combination of drugs intended to 02 prevent the consumption of an alcoholic beverage; a condition of probation or 03 parole imposed under this paragraph is in addition to any other condition 04 authorized under another provision of law. 05 * Sec. 29. AS 28.35.030(d) is amended to read: 06 (d) Except as prohibited by federal law or regulation, every provider of 07 treatment programs to which persons are ordered under [(h) OF] this section shall 08 supply the judge, prosecutor, defendant, and an agency involved in the 09 defendant's treatment with information and reports concerning the defendant's 10 past and present assessment, treatment, and progress [ALASKA COURT 11 SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND 12 TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY 13 REQUIRE BY RULE]. Information compiled under this subsection is confidential 14 and may only be used in connection with court proceedings involving the 15 defendant's treatment, including use by a court in sentencing a person convicted 16 under this section, or by an officer of the court in preparing a presentence report for 17 the use of the court in sentencing a person convicted under this section. 18 * Sec. 30. AS 28.35.030(k) is amended to read: 19 (k) Imprisonment required under (b)(1)(A) [OR (B)] of this section shall be 20 served at a community residential center or, if a community residential center is not 21 available, at another appropriate place determined by the commissioner of corrections. 22 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 23 community residential center or at a private residence if approved by the 24 commissioner of corrections. Imprisonment served at a private residence must 25 include electronic monitoring. The cost of imprisonment resulting from the sentence 26 imposed under (b)(1) of this section shall be paid to the state by the person being 27 sentenced provided, however, that the cost of imprisonment required to be paid under 28 this subsection may not exceed $2,000 [$1,000]. Upon the person's conviction, the 29 court shall include the costs of imprisonment as a part of the judgment of conviction. 30 Except for reimbursement from a permanent fund dividend as provided in this 31 subsection, payment of the cost of imprisonment is not required if the court determines
01 the person is indigent. For costs of imprisonment that are not paid by the person as 02 required by this subsection, the state shall seek reimbursement from the person's 03 permanent fund dividend as provided under AS 43.23.065. While at the community 04 residential center or other appropriate place, a person sentenced under (b)(1)(A) of this 05 section shall perform at least 24 hours of community service work. A [AND A] 06 person sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 07 community service work, as required by the director of the community residential 08 center or other appropriate place, or as required by the commissioner of corrections 09 if the sentence is being served at a private residence. In this subsection, 10 "appropriate place" means a facility with 24-hour on-site staff supervision that is 11 specifically adapted to provide a residence, and includes a correctional center, 12 residential treatment facility, hospital, halfway house, group home, work farm, work 13 camp, or other place that provides varying levels of restriction. 14 * Sec. 31. AS 28.35.030(n) is amended to read: 15 (n) A person is guilty of a class C felony if the person is convicted under (a) of 16 this section and has been previously convicted two or more times since January 1, 17 1996, and within the 10 years preceding the date of the present offense. For purposes 18 of determining minimum sentences based on previous convictions, the provisions of 19 (o)(4) of this section apply. Upon conviction, the court 20 (1) shall impose a fine of not less than $10,000 [$5,000] and a 21 minimum sentence of imprisonment of not less than 22 (A) 120 days if the person has been previously convicted twice; 23 (B) 240 days if the person has been previously convicted three 24 times; 25 (C) 360 days if the person has been previously convicted four 26 or more times; 27 (2) may not 28 (A) suspend execution of sentence or grant probation except on 29 condition that the person serve the minimum imprisonment under (1) of this 30 subsection; or 31 (B) suspend imposition of sentence;
01 (3) shall permanently revoke the person's driver's license, privilege to 02 drive, or privilege to obtain a license subject to restoration of the license under (p) 03 of this section [UNDER AS 28.15.181(c)]; 04 (4) may order [AS A CONDITION OF PROBATION OR PAROLE] 05 that the person, while incarcerated or as a condition of probation or parole, take a 06 drug or combination of drugs, intended to prevent the consumption of an alcoholic 07 beverage; a condition of probation or parole imposed under this paragraph is in 08 addition to any other condition authorized under another provision of law; [AND] 09 (5) shall [MAY ALSO] order forfeiture under AS 28.35.036 of the 10 vehicle, watercraft, or aircraft used in the commission of the offense, subject to 11 remission under AS 28.35.037; and 12 (6) shall order the department to revoke the registration for any 13 vehicle registered by the department in the name of the person convicted under 14 this subsection; if a person convicted under this subsection is a registered co- 15 owner of a vehicle or is registered as a co-owner under a business name, the 16 department shall reissue the vehicle registration and omit the name of the person 17 convicted under this subsection. 18 * Sec. 32. AS 28.35.030(o) is amended to read: 19 (o) In this section, 20 (1) "inhalant" has the meaning given to the phrase "hazardous 21 volatile material or substance" in AS 47.37.270; [REPEALED] 22 (2) "operate an aircraft" means to navigate, pilot, or taxi an aircraft in 23 the airspace over this state, or upon the land or water inside this state; 24 (3) "operate a watercraft" means to navigate a vessel used or capable 25 of being used as a means of transportation on water for recreational or commercial 26 purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or 27 under the jurisdiction of the state; 28 (4) "previously convicted" means having been convicted in this or 29 another jurisdiction of any of the following offenses; however, convictions for any of 30 these offenses, if arising out of a single transaction and a single arrest, are considered 31 one previous conviction:
01 (A) operating a motor vehicle, aircraft, or watercraft [WHILE 02 INTOXICATED,] in violation of this section or in violation of another law or 03 ordinance with similar elements, except that the other law or ordinance may 04 provide for a lower level of alcohol in the person's blood or breath than 05 imposed under (a)(2) of this section; 06 (B) refusal to submit to a chemical test in violation of 07 AS 28.35.032 or in violation of another law or ordinance with similar 08 elements; or 09 (C) operating a commercial motor vehicle [WHILE 10 INTOXICATED] in violation of AS 28.33.030 or in violation of another law 11 or ordinance with similar elements, except that the other law or ordinance may 12 provide for a lower level of alcohol in the person's blood or breath than 13 imposed under AS 28.33.030(a)(2). 14 * Sec. 33. AS 28.35.030 is amended by adding new subsections to read: 15 (p) Upon request, the department shall review a driver's license revocation 16 imposed under (n)(3) of this section and may restore the driver's license if 17 (1) the license has been revoked for a period of at least 10 years; 18 (2) the person has not been convicted of a criminal offense since the 19 license was revoked; and 20 (3) the person provides proof of financial responsibility. 21 (q) If the court determines that the person has successfully completed a court- 22 ordered treatment program, the court may suspend up to 75 percent of the mandatory 23 minimum sentence required under (b)(1) of this section and up to 50 percent of the 24 minimum fines required under (b)(1) of this section. This subsection does not apply to 25 a person who has already participated in a court-ordered treatment program two or 26 more times. In this subsection, "court-ordered treatment" means a treatment program 27 for a person who consumes alcohol or drugs and that 28 (1) requires participation for at least 18 consecutive months; 29 (2) includes planning and treatment for alcohol or drug addiction; 30 (3) includes emphasis on personal responsibility; 31 (4) provides in-court recognition of progress and sanctions for
01 relapses; 02 (5) requires payment of restitution to victims and completion of 03 community work service; 04 (6) includes physician approved treatment of physical addiction and 05 treatment of the psychological causes of addiction; 06 (7) includes a monitoring program and physical placement or housing; 07 and 08 (8) requires adherence to conditions of probation. 09 (r) For purposes of this section, the director of the division within the 10 department responsible for administration of this section or a person designated by the 11 director may request and receive criminal justice information available under 12 AS 12.62. In this subsection, "criminal justice information" has the meaning given in 13 AS 12.62.900. 14 * Sec. 34. AS 28.35.031(a) is amended to read: 15 (a) A person who operates or drives a motor vehicle in this state or who 16 operates an aircraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(2)] or who 17 operates a watercraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(3)] shall be 18 considered to have given consent to a chemical test or tests of the person's breath for 19 the purpose of determining the alcoholic content of the person's blood or breath if 20 lawfully arrested for an offense arising out of acts alleged to have been committed 21 while the person was operating or driving a motor vehicle or operating an aircraft or a 22 watercraft while under the influence of an alcoholic beverage, inhalant, or 23 controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280 24 for the offense of minor operating a vehicle after consuming alcohol. The test or tests 25 shall be administered at the direction of a law enforcement officer who has probable 26 cause [REASONABLE GROUNDS] to believe that the person was operating or 27 driving a motor vehicle or operating an aircraft or a watercraft in this state while 28 under the influence of an alcoholic beverage, inhalant, or controlled substance 29 [INTOXICATED] or that the person was a minor operating a vehicle after consuming 30 alcohol. 31 * Sec. 35. AS 28.35.031(b) is amended to read:
01 (b) A person who operates or drives a motor vehicle in this state or who 02 operates an aircraft or watercraft shall be considered to have given consent to a 03 preliminary breath test for the purpose of determining the alcoholic content of the 04 person's blood or breath. A law enforcement officer may administer a preliminary 05 breath test at the scene of the incident if the officer has probable cause 06 [REASONABLE GROUNDS] to believe that a person's ability to operate a motor 07 vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and 08 that the person 09 (1) was operating or driving a motor vehicle, aircraft, or watercraft that 10 is involved in an accident; 11 (2) committed a moving traffic violation or unlawfully operated an 12 aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any 13 federal, state, or municipal statute, regulation, or ordinance, except for violations that 14 do not provide reason to believe that the operator's ability to operate the aircraft or 15 watercraft was impaired by the ingestion of alcoholic beverages; or 16 (3) was operating or driving a motor vehicle in violation of 17 AS 28.35.029(a). 18 * Sec. 36. AS 28.35.031(g) is amended to read: 19 (g) A person who operates or drives a motor vehicle in this state shall be 20 considered to have given consent to a chemical test or tests of the person's breath and 21 blood for the purpose of determining the alcoholic content of the person's breath and 22 blood and shall be considered to have given consent to a chemical test or tests of the 23 person's blood and urine for the purpose of determining the presence of controlled 24 substances in the person's blood and urine if the person is involved in a motor vehicle 25 accident that causes death or serious physical injury to another person. The test or 26 tests may be administered at the direction of a law enforcement officer who has 27 probable cause [REASONABLE GROUNDS] to believe that the person was 28 operating or driving a motor vehicle in this state that was involved in an accident 29 causing death or serious physical injury to another person. 30 * Sec. 37. AS 28.35.032(a) is amended to read: 31 (a) If a person under arrest for operating a motor vehicle or aircraft while
01 under the influence of an alcoholic beverage, inhalant, or controlled substance 02 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 03 chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person 04 involved in a motor vehicle accident that causes death or serious physical injury to 05 another person refuses the request of a law enforcement officer to submit to a 06 chemical test authorized under AS 28.33.031(a)(2) or AS 28.35.031(g), after being 07 advised by the officer that the refusal will result in the denial or revocation of the 08 driver's license, privilege to drive, or privilege to obtain a license, that the refusal may 09 be used against the person in a civil or criminal action or proceeding arising out of an 10 act alleged to have been committed by the person while operating a motor vehicle or 11 aircraft while under the influence of an alcoholic beverage, inhalant, or controlled 12 substance [INTOXICATED], and that the refusal is a crime, a chemical test may not 13 be given, except as provided by AS 28.35.035. If a person under arrest for operating a 14 watercraft while under the influence of an alcoholic beverage, inhalant, or 15 controlled substance [INTOXICATED] refuses the request of a law enforcement 16 officer to submit to a chemical test authorized under AS 28.35.031(a), after being 17 advised by the officer that the refusal may be used against the person in a civil or 18 criminal action or proceeding arising out of an act alleged to have been committed by 19 the person while operating a watercraft while under the influence of an alcoholic 20 beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal 21 is a crime, a chemical test may not be given, except as provided by AS 28.35.035. 22 * Sec. 38. AS 28.35.032(e) is amended to read: 23 (e) The refusal of a person to submit to a chemical test authorized under 24 AS 28.33.031(a) or AS 28.35.031(a) or (g) is admissible evidence in a civil or criminal 25 action or proceeding arising out of an act alleged to have been committed by the 26 person while operating or driving a motor vehicle or operating an aircraft or watercraft 27 while under the influence of an alcoholic beverage, inhalant, or controlled 28 substance [INTOXICATED]. 29 * Sec. 39. AS 28.35.032(g) is amended to read: 30 (g) Except as provided under (s) of this section, upon [UPON] conviction 31 under this section,
01 (1) the court shall impose a minimum sentence of imprisonment of 02 (A) not less than 72 consecutive hours and a fine of not less 03 than $1,500 [$250] if the person has not been previously convicted; 04 (B) not less than 20 days and a fine of not less than $3,000 05 [$500] if the person has been previously convicted once; 06 (C) not less than 60 days and a fine of not less than $4,000 07 [$1,000] if the person has been previously convicted twice and is not subject to 08 punishment under (p) of this section; 09 (D) not less than 120 days and a fine of not less than $5,000 10 [$2,000] if the person has been previously convicted three times and is not 11 subject to punishment under (p) of this section; 12 (E) not less than 240 days and a fine of not less than $6,000 13 [$3,000] if the person has been previously convicted four times and is not 14 subject to punishment under (p) of this section; 15 (F) not less than 360 days and a fine of not less than $7,000 16 [$4,000] if the person has been previously convicted more than four times and 17 is not subject to punishment under (p) of this section; 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 revoke the person's driver's license, privilege to 24 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 25 motor vehicle, [OR] aircraft, or watercraft that was used in commission of the 26 offense be forfeited under AS 28.35.036; [AND] 27 (4) the court may order that the person, while incarcerated or as a 28 condition of probation or parole, take a drug or combination of drugs intended to 29 prevent the consumption of an alcoholic beverage; a condition of probation or 30 parole imposed under this paragraph is in addition to any other condition 31 authorized under another provision of law; and
01 (5) the sentence imposed by the court under this subsection shall run 02 consecutively with any other sentence of imprisonment imposed on the person. 03 * Sec. 40. AS 28.35.032(h) is amended to read: 04 (h) Except as prohibited by federal law or regulation, every provider of 05 treatment programs to which persons are ordered under [(l) OF] this section shall 06 supply the judge, prosecutor, defendant, and an agency involved in the 07 defendant's treatment with information and reports concerning the defendant's 08 past and present assessment, treatment, and progress [ALASKA COURT 09 SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND 10 TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY 11 REQUIRE BY RULE]. Information compiled under this subsection is confidential 12 and may only be used in connection with court proceedings involving the 13 defendant's treatment, including use by a court in sentencing a person convicted 14 under this section, or by an officer of the court in preparing a pre-sentence report for 15 the use of the court in sentencing a person convicted under this section. 16 * Sec. 41. AS 28.35.032(j) is amended to read: 17 (j) For purposes of this section, convictions [FOR OPERATING OR 18 DRIVING WHILE INTOXICATED] under AS 28.33.030 or AS 28.35.030 and for 19 refusal to submit to a chemical test under this section, if arising out of a single 20 transaction and a single arrest, are considered one previous conviction. 21 * Sec. 42. AS 28.35.032(o) is amended to read: 22 (o) Imprisonment required under (g)(1)(A) [OR (B)] of this section shall be 23 served at a community residential center, or if a community residential center is not 24 available, at another appropriate place determined by the commissioner of corrections. 25 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 26 community residential center or at a private residence if approved by the 27 commissioner of corrections. Imprisonment served at a private residence must 28 include electronic monitoring. The cost of imprisonment resulting from the sentence 29 imposed under (g)(1) of this section shall be paid to the state by the person being 30 sentenced provided, however, that the cost of imprisonment required to be paid under 31 this subsection may not exceed $2,000 [$1,000]. Upon the person's conviction, the
01 court shall include the costs of imprisonment as a part of the judgment of conviction. 02 Except for reimbursement from a permanent fund dividend as provided in this 03 subsection, payment of the cost of imprisonment is not required if the court determines 04 the person is indigent. For costs of imprisonment that are not paid by the person as 05 required by this subsection, the state shall seek reimbursement from the person's 06 permanent fund dividend as provided under AS 43.23.065. While at the community 07 residential center or other appropriate place, a person sentenced under (g)(1)(A) of this 08 section shall perform at least 24 hours of community service work. A [AND A] 09 person sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 10 community service work, as required by the director of the community residential 11 center or other appropriate place, or as required by the commissioner of corrections 12 if the sentence is being served at a private residence. In this subsection, 13 "appropriate place" means a facility with 24-hour on-site staff supervision that is 14 specifically adapted to provide a residence, and includes a correctional center, 15 residential treatment facility, hospital, halfway house, group home, work farm, work 16 camp, or other place that provides varying levels of restriction. 17 * Sec. 43. AS 28.35.032(p) is amended to read: 18 (p) A person is guilty of a class C felony if the person is convicted under this 19 section and has been previously convicted two or more times since January 1, 1996, 20 and within the 10 years preceding the date of the present offense. For purposes of 21 determining minimum sentences based on previous convictions, the provisions of 22 AS 28.35.030(o)(4) apply. Upon conviction, 23 (1) the court shall impose a fine of not less than $10,000 [$5,000] and 24 a minimum sentence of imprisonment of not less than 25 (A) 120 days if the person has been previously convicted twice; 26 (B) 240 days if the person has been previously convicted three 27 times; 28 (C) 360 days if the person has been previously convicted four 29 or more times; 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 permanently revoke the person's driver's license, 05 privilege to drive, or privilege to obtain a license subject to restoration under (r) of 06 this section [UNDER AS 28.15.181(c)]; 07 (4) the court may order [AS A CONDITION OF PROBATION OR 08 PAROLE] that the person, while incarcerated or as a condition of probation or 09 parole, take a drug, or combination of drugs, intended to prevent consumption of an 10 alcoholic beverage; a condition of probation or parole imposed under this paragraph 11 is in addition to any other condition authorized under another provision of law; 12 (5) the sentence imposed by the court under this subsection shall run 13 consecutively with any other sentence of imprisonment imposed on the person; [AND] 14 (6) the court shall [MAY ALSO] order forfeiture under AS 28.35.036, 15 of the motor vehicle, [OR] aircraft, or watercraft used in the commission of the 16 offense, subject to remission under AS 28.35.037; and 17 (7) the court shall order the department to revoke the registration 18 for any vehicle registered by the department in the name of the person convicted 19 under this subsection; if a person convicted under this subsection is a registered 20 co-owner of a vehicle, the department shall reissue the vehicle registration and 21 omit the name of the person convicted under this subsection. 22 * Sec. 44. AS 28.35.032 is amended by adding new subsections to read: 23 (r) Upon request, the department shall review a driver's license revocation 24 imposed under (p)(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 (s) If the court determines that the person has successfully completed a court- 30 ordered treatment program, the court may suspend up to 75 percent of the mandatory 31 minimum sentence required under (g)(1) of this section and up to 50 percent of the
01 minimum fine required under (g)(1) of this section. This subsection does not apply to 02 a person who has already participated in a court-ordered treatment program two or 03 more times. In this subsection, "court-ordered treatment" has the meaning given in 04 AS 28.35.030(q). 05 (t) For purposes of this section, the director of the division within the 06 department responsible for administration of this section or a person designated by the 07 director may request and receive criminal justice information available under 08 AS 12.62. In this subsection, "criminal justice information" has the meaning given in 09 AS 12.62.900. 10 * Sec. 45. AS 28.35.033(a) is amended to read: 11 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 12 alleged to have been committed by a person while operating or driving a motor vehicle 13 or operating an aircraft or a watercraft while under the influence of an alcoholic 14 beverage, inhalant, or controlled substance [INTOXICATED], the amount of 15 alcohol in the person's blood or breath at the time alleged shall give rise to the 16 following presumptions: 17 (1) If there was 0.04 percent or less by weight of alcohol in the 18 person's blood, or 40 milligrams or less of alcohol per 100 milliliters of the person's 19 blood, or 0.04 grams or less of alcohol per 210 liters of the person's breath, it shall be 20 presumed that the person was not under the influence of an alcoholic beverage 21 [INTOXICATING LIQUOR]. 22 (2) If there was in excess of 0.04 percent but less than 0.08 percent by 23 weight of alcohol in the person's blood, or in excess of 40 but less than 80 milligrams 24 of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 grams but less 25 than 0.08 grams of alcohol per 210 liters of the person's breath, that fact does not give 26 rise to any presumption that the person was or was not under the influence of an 27 alcoholic beverage [INTOXICATING LIQUOR], but that fact may be considered 28 with other competent evidence in determining whether the person was under the 29 influence of an alcoholic beverage [INTOXICATING LIQUOR]. 30 (3) If there was 0.08 percent or more by weight of alcohol in the 31 person's blood, or 80 milligrams or more of alcohol per 100 milliliters of the person's
01 blood, or 0.08 grams or more of alcohol per 210 liters of the person's breath, it shall be 02 presumed that the person was under the influence of an alcoholic beverage 03 [INTOXICATING LIQUOR]. 04 * Sec. 46. AS 28.35.033(e) is amended to read: 05 (e) The person tested may have a physician, or a qualified technician, chemist, 06 registered nurse, or other qualified person of the person's own choosing administer a 07 chemical test in addition to the test administered at the direction of a law enforcement 08 officer. The failure or inability to obtain an additional test by a person does not 09 preclude the admission of evidence relating to the test taken at the direction of a law 10 enforcement officer; the fact that the person under arrest sought to obtain such an 11 additional test, and failed or was unable so to do, is likewise admissible in evidence. 12 The person who administers the chemical test shall clearly and expressly inform 13 the person tested of that person's right to an independent test described under 14 this subsection, and, if the person being tested requests an independent test, the 15 department shall make reasonable and good-faith efforts to assist the person 16 being tested in contacting a person qualified to perform an independent chemical 17 test of the person's breath or blood. 18 * Sec. 47. AS 28.35.035(a) is amended to read: 19 (a) If a person is under arrest for an offense arising out of acts alleged to have 20 been committed while the person was operating a motor vehicle, aircraft, or watercraft 21 while under the influence of an alcoholic beverage, inhalant, or controlled 22 substance [INTOXICATED], and that arrest results from an accident that causes 23 death or physical injury to another person, a chemical test may be administered 24 without the consent of the person arrested to determine the amount of alcohol in that 25 person's breath or blood or to determine the presence of controlled substances in that 26 person's blood and urine. 27 * Sec. 48. AS 28.35.036 is repealed and reenacted to read: 28 Sec. 28.35.036. Forfeiture of vehicle, aircraft, or watercraft. (a) After 29 conviction of an offense under AS 28.15.291(b), AS 28.35.030, or 28.35.032, a motor 30 vehicle, aircraft, or watercraft involved in the commission of the offense is subject to 31 forfeiture as provided under AS 28.15.291(b), AS 28.35.030, and 28.35.032.
01 (b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall 02 schedule a hearing on the matter and shall notify the state and the convicted person of 03 the time and place set for the hearing. Except for a motor vehicle, aircraft, or 04 watercraft that is required to be forfeited under AS 28.35.030 or 28.35.032, the court 05 may order the forfeiture of the motor vehicle if the court, sitting without a jury, 06 determines, by a preponderance of the evidence, that the forfeiture of the motor 07 vehicle, aircraft, or watercraft will serve one or more of the following purposes: 08 (1) deterrence of the convicted person from the commission of future 09 offenses under AS 28.15.291(b), AS 28.35.030, or 28.35.032; 10 (2) protection of the safety and welfare of the public; 11 (3) deterrence of other persons who are potential offenders under 12 AS 28.15.291(b), AS 28.35.030, or 28.35.032; or 13 (4) expression of public condemnation of the serious or aggravated 14 nature of the convicted person's conduct. 15 (c) Upon forfeiture of a motor vehicle, aircraft, or watercraft, the court shall 16 require the 17 (1) surrender of the registration and certificate of title of that motor 18 vehicle; the registration and certificate of title shall be delivered to the department; 19 (2) convicted person to pay all administrative costs incurred by the 20 state in forfeiting the motor vehicle, aircraft, or watercraft, including costs incurred by 21 the department, law enforcement personnel, or the court system. 22 (d) If not released under AS 28.35.037, a motor vehicle, aircraft, or watercraft 23 forfeited under this section may be disposed of at the discretion of the Department of 24 Public Safety. 25 (e) Disposal under this subsection includes, by way of example and not of 26 limitation, 27 (1) sale, as a unit or in parts, including sale at an auction, and the 28 proceeds deposited into the general fund; 29 (2) transfer to a state or municipal law enforcement agency; 30 (3) being declared surplus and transferred to the Department of 31 Administration;
01 (4) being destroyed; or 02 (5) transfer to a charitable organization; in this paragraph, "charitable 03 organization" means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3) 04 (Internal Revenue Code). 05 * Sec. 49. AS 28.35.037 is amended to read: 06 Sec. 28.35.037. Remission of forfeitures. (a) Upon receiving notice from 07 the court of the time and place set for a hearing under AS 28.35.036, the state shall 08 provide to every person who has an ascertainable ownership or security interest in the 09 motor vehicle, [OR] aircraft, or watercraft written notice that includes 10 (1) a description of the motor vehicle, [OR] aircraft, or watercraft; 11 (2) the time and place of the forfeiture hearing; 12 (3) the legal authority under which the motor vehicle, [OR] aircraft, or 13 watercraft, may be forfeited; 14 (4) notice of the right to intervene to protect the interest in the motor 15 vehicle, [OR] aircraft, or watercraft. 16 (b) At the hearing, a person who claims an ownership or security interest in 17 the motor vehicle, [OR] aircraft, or watercraft, must establish by a preponderance of 18 the evidence that 19 (1) the petitioner has an interest in the motor vehicle, [OR] aircraft, or 20 watercraft, acquired in good faith; 21 (2) a person other than the petitioner was convicted of the offense that 22 resulted in the forfeiture; and 23 (3) before parting with the motor vehicle, [OR] aircraft, or watercraft, 24 the petitioner did not know or have reasonable cause to believe that it would be used 25 in the commission of an offense. 26 (c) If a person satisfies the requirements of (b) of this section, the court shall 27 order that an amount equal to the value of the petitioner's interest in the motor vehicle, 28 [OR] aircraft, or watercraft be paid to the petitioner, or the court shall order that the 29 motor vehicle, [OR] aircraft, or watercraft be released to the petitioner together with 30 title to the motor vehicle, [OR] aircraft or watercraft. 31 (d) Forfeiture of a motor vehicle, [OR] aircraft, or watercraft under
01 AS 28.35.036 is without prejudice to the rights [,] and does not extinguish the claims 02 of a creditor with an interest in the motor vehicle, [OR] aircraft, or watercraft. 03 * Sec. 50. AS 28.35.039(2) is amended to read: 04 (2) "alcohol safety action program" means a program for alcohol and 05 substance abuse screening, referral, and monitoring developed and implemented 06 or approved by the Department of Health and Social Services under AS 47.37 07 [DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL 08 SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM]. 09 * Sec. 51. AS 47.37.040(14) is amended to read: 10 (14) cooperate with the Department of Public Safety and the 11 Department of Transportation and Public Facilities in establishing and conducting 12 programs designed to deal with the problem of persons operating motor vehicles while 13 under the influence of an alcoholic beverage, inhalant, or controlled substance 14 [INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and 15 approve alcohol information courses required to be taken by drivers under AS 28.15 or 16 made available to drivers to reduce points assessed for violation of traffic laws; 17 * Sec. 52. AS 47.37.040 is amended by adding a new paragraph to read: 18 (21) develop and implement, or designate, in cooperation with other 19 state or local agencies, an alcohol safety action program that provides alcohol and 20 substance abuse screening, referral, and monitoring services to persons who have been 21 referred by a court in connection with a charge or conviction of a misdemeanor 22 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled 23 substance, or referred by an agency of the state with the responsibility for 24 administering motor vehicle laws in connection with a driver's license action involving 25 the use of alcohol or a controlled substance. 26 * Sec. 53. AS 47.37.130(b) is amended to read: 27 (b) The program of the division must include 28 (1) emergency treatment provided by a facility affiliated with or part of 29 the medical service of a general hospital; 30 (2) inpatient treatment; 31 (3) intermediate treatment; [AND]
01 (4) outpatient and follow-up treatment; and 02 (5) standards for alcohol safety action programs; the standards 03 may vary in their requirements and stringency according to the population, price 04 level, remoteness, access to transportation, and availability of ancillary services of 05 the area to be served; a program must meet the applicable standards before it is 06 approved by the division as an alcohol safety action program; the standards 07 required under this paragraph shall be established in a manner that provides 08 protection of the health, safety, and well-being of clients of the affected programs 09 and protection for the affected programs from exposure to malpractice and 10 liability actions. 11 * Sec. 54. AS 47.37.130 is amended by adding new subsections to read: 12 (h) The division shall 13 (1) inspect, on a regular basis, approved public and private alcohol 14 safety action programs at reasonable times and in a reasonable manner; and 15 (2) maintain a list of approved public and private alcohol safety action 16 programs. 17 (i) An approved public and private alcohol safety action program shall file 18 with the division on request data, statistics, schedules, and information that the 19 division reasonably requires. An approved program that fails without good cause to 20 furnish any data, statistics, schedules, or information as requested, or files fraudulent 21 returns of them, shall be removed from the list of approved programs. 22 (j) The director, after holding a hearing under the provisions of AS 44.62 23 (Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant 24 an approval for an alcohol safety action program for failure to meet standards 25 established under (b) of this section. 26 * Sec. 55. AS 28.35.038 is repealed. 27 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 PILOT DRUNK DRIVER PROGRAM IN THE DEPARTMENT OF 30 CORRECTIONS; REPORT. (a) In addition to a rehabilitation program established under 31 AS 33.30.011(3), the commissioner of corrections may, beginning July 1, 2002, and ending
01 June 30, 2007, provide a drug or combination of drugs intended to prevent the consumption 02 of an alcoholic beverage to a prisoner committed to the commissioner's custody if the prisoner 03 has been convicted of violating AS 28.35.030 or 28.35.032, and voluntarily agrees to take the 04 drug or combination of drugs. 05 (b) The commissioner of corrections shall report back to the legislature by January 1, 06 2005, with a summary of the program described under (a) of this section, including the 07 number of prisoners in the program and statistics on how many prisoners in the program 08 reoffended after being released. 09 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. (a) Section 7 of this Act applies to registration of a motor vehicle 12 that occurs on or after the effective date of this Act. 13 (b) This Act applies to offenses committed on or after the effective date of this Act, 14 except that references to previous convictions include convictions occurring before, on, or 15 after the effective date of this Act. 16 * Sec. 58. This Act takes effect July 1, 2002.