HB 40: "An Act providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; amending Rules 43 and 43.1, Alaska Rules of Administration; and providing for an effective date."
00 HOUSE BILL NO. 40 01 "An Act providing for the revocation of driving privileges by a court for a driver 02 convicted of a violation of traffic laws in connection with a fatal motor vehicle or 03 commercial motor vehicle accident; amending Rules 43 and 43.1, Alaska Rules of 04 Administration; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.05.151 is amended by adding a new subsection to read: 07 (e) The supreme court, in establishing scheduled amounts of bail under this 08 section, and each municipality that establishes or has established a fine schedule under 09 this section, may not allow for the disposition of an offense without court appearance 10 for a person who is cited for violation of the traffic laws in connection with a motor 11 vehicle accident, if the accident resulted in the death of a person. In this subsection, 12 "traffic laws" has the meaning given in AS 28.15.261. 13 * Sec. 2. AS 28.15 is amended by adding a new section to read: 14 Sec. 28.15.182. Court revocation of license for accident causing death. (a)
01 A court convicting a person for a violation of the traffic laws shall revoke the driver's 02 license, privilege to drive, or privilege to obtain a license of a person if the court finds 03 by a preponderance of evidence that 04 (1) the person was operating a motor vehicle or commercial motor 05 vehicle that was involved in an accident; 06 (2) the accident caused the death of another; and 07 (3) the violation of traffic laws by the person contributed to the 08 accident. 09 (b) The period of revocation under (a) of this section is one year. This period 10 is concurrent with any other period of revocation under AS 28.15.165 or 28.15.181, or 11 any other action imposed by the department or court in connection with the accident. 12 (c) A court revoking a person's driver's license, privilege to drive, or privilege 13 to obtain a license under (a) of this section may consider a request for a limited license 14 by the person. A court may not grant a limited license if another statute prohibits a 15 limited license for violation of its provisions. A court shall require a certification of 16 employment to prove any claim based on the person's employment. After a review 17 has been made of the person's driving record and other relevant information, the court 18 may grant limited license privileges for all or part of the period of revocation if the 19 court finds that 20 (1) the person's ability to earn a livelihood would be severely impaired 21 without a limited license; and 22 (2) limitation can be placed on the license that will enable the person 23 to drive without danger to the public in order to earn a livelihood. 24 (d) When imposing a limitation under (c) of this section, the court shall 25 (1) require the surrender of the driver's license; and 26 (2) issue to the person a certificate valid for the duration of the 27 limitation specifying the terms of the limited license. 28 * Sec. 3. AS 28.15.219 is amended by adding a new paragraph to read: 29 (4) "traffic laws" has the meaning given in AS 28.15.261. 30 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 INDIRECT COURT RULE AMENDMENT. (a) AS 28.05.151(e), added by sec. 1 of 02 this Act, has the effect of amending Rules 43 and 43.1, Alaska Rules of Administration, by 03 not allowing for the disposition of an offense without a court appearance for certain violations 04 of traffic laws in connection with a motor vehicle accident or a commercial motor vehicle 05 accident resulting in the death of a person. 06 (b) Section 1 of this Act takes effect only if (a) of this section receives the two-thirds 07 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 08 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. This Act applies to actions taken regarding a motor vehicle or 11 commercial motor vehicle accident that caused the death of a person and that occurred on or 12 after the effective date of this Act. 13 * Sec. 6. This Act takes effect September 1, 2001.