CSHB 342(FIN) am: "An Act relating to driving while under the influence, to the definition of 'previously convicted,' to alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 342(FIN) am 01 "An Act relating to driving while under the influence, to the definition of 'previously 02 convicted,' to alcohol-related offenses, to ignition interlock devices, and to the issuance 03 of limited driver's licenses; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.102 is amended to read: 06 Sec. 12.55.102. Alcohol-related [ALCOHOL RELATED] offenses. (a) The 07 court may order as a condition of probation or generally as part of a sentence that a 08 defendant convicted of an offense involving the use, consumption, or possession of an 09 alcoholic beverage may not operate a motor vehicle during the period of probation 10 unless the vehicle is equipped with a properly functioning, monitored, and maintained 11 ignition interlock device. A condition of probation or sentence imposed under this 12 subsection takes effect after any period of license revocation imposed under 13 AS 28.15.165(d) or 28.15.181(c). 14 (b) The court, in imposing probation or a condition of a sentence under (a) of
01 this section, may allow the defendant limited privileges to drive a motor vehicle 02 without an ignition interlock device if the court determines that the defendant is 03 required as a condition of employment to drive a motor vehicle owned or leased by the 04 defendant's employer and that the defendant's driving will not create substantial 05 danger. If the court imposes probation described by this subsection, the court shall 06 require the defendant to notify the defendant's employer of the probation, and shall 07 require that the defendant, while driving the employer's vehicle, carry a letter from the 08 employer authorizing the defendant to drive that vehicle. 09 (c) A court imposing a condition of probation under this section shall require 10 the surrender of the driver's license and shall issue to the defendant a certificate valid 11 for the duration of the probation or a copy of the defendant's judgment of conviction. 12 The defendant shall pay all costs associated with fulfilling the condition of probation, 13 including installation, repair, and monitoring of an ignition interlock device. 14 (d) The court may include the cost of the ignition interlock device as a part of 15 the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 16 28.35.032(g) or (p). 17 (e) In this section, 18 (1) "ignition interlock device" means equipment designed to prevent a 19 motor vehicle from being operated by a person who has consumed an alcoholic 20 beverage, and that has been certified by the commissioner of corrections under 21 AS 33.05.020(c); 22 (2) "motor vehicle" has the meaning given in AS 28.40.100, but 23 does not include snow machines and all-terrain vehicles not designed for and not 24 operated on highways or roads. 25 * Sec. 2. AS 28.15.201(d) is amended to read: 26 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 27 a license under AS 28.15.181(c), or the department when revoking a driver's license, 28 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 29 limited license privileges [FOR THE FINAL 60 DAYS DURING WHICH THE 30 LICENSE IS REVOKED] if 31 (1) the revocation was for a misdemeanor conviction under
01 AS 28.35.030(a) and not for a violation of AS 28.35.032; 02 (2) the person has 03 (A) not been previously convicted and the limited license is 04 not granted during the first 30 days of the period of revocation; 05 (B) been previously convicted, the limited license is not 06 granted during the first 90 days of the period of revocation, and 07 (i) the person has successfully completed a court- 08 ordered treatment program under AS 28.35.030(p); or 09 (ii) the court or department requires the person to 10 use an ignition interlock device during the period of the limited 11 license[; IN THIS PARAGRAPH, "PREVIOUSLY CONVICTED" 12 HAS THE MEANING GIVEN IN AS 28.35.030 AND ALSO 13 INCLUDES CONVICTIONS BASED ON LAWS PRESUMING 14 THAT THE PERSON WAS UNDER THE INFLUENCE OF 15 INTOXICATING LIQUOR IF THERE WAS 0.08 PERCENT OR 16 MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD]; 17 (3) the court or the department determines that 18 (A) the person's ability to earn a livelihood would be severely 19 impaired without a limited license; or 20 (B) the person has successfully completed a court-ordered 21 treatment program described under AS 28.35.030(p) and the person's 22 ability to earn a livelihood, attend school, or provide for family health 23 would be severely impaired without a limited license; 24 (4) the court or the department determines that a limitation under (a) of 25 this section can be placed on the license that will enable the person to earn a livelihood 26 without excessive danger to the public; [AND] 27 (5) the court or the department determines that the person is enrolled in 28 and is in compliance with, or has successfully completed the alcoholism screening, 29 evaluation, referral, and program requirements of the Department of Health and Social 30 Services under AS 28.35.030(h); and 31 (6) the person has not been previously convicted under
01 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a 02 vehicle, aircraft, or watercraft under a limited license issued under this section. 03 * Sec. 3. AS 28.15.201 is amended by adding a new subsection to read: 04 (e) In (d)(2) of this section, "previously convicted" has the meaning given in 05 AS 28.35.030 and also includes convictions under laws presuming that the person was 06 under the influence of intoxicating liquor if there was 0.08 percent or more by weight 07 of alcohol in the person's blood. 08 * Sec. 4. AS 28.35.030(r)(4) is amended to read: 09 (4) "previously convicted" means having been convicted in this or 10 another jurisdiction within the 15 years preceding the date of the present offense of 11 any of the following offenses; however, convictions for any of these offenses, if 12 arising out of a single transaction and a single arrest, are considered one previous 13 conviction: 14 (A) operating a motor vehicle, aircraft, or watercraft in 15 violation of this section or in violation of another law or ordinance with similar 16 elements, except that the other law or ordinance may provide for a lower level 17 of alcohol in the person's blood or breath than imposed under (a)(2) of this 18 section; 19 (B) refusal to submit to a chemical test in violation of 20 AS 28.35.032 or in violation of another law or ordinance with similar 21 elements; or 22 (C) operating a commercial motor vehicle in violation of 23 AS 28.33.030 or in violation of another law or ordinance with similar 24 elements, except that the other law or ordinance may provide for a lower level 25 of alcohol in the person's blood or breath than imposed under 26 AS 28.33.030(a)(2). 27 * Sec. 5. AS 28.35.030 is amended by adding a new subsection to read: 28 (s) If a person is convicted under (a) of this section and it is determined by the 29 trier of fact that, as determined by a chemical test taken within four hours after the 30 offense was committed, 31 (1) there was at least 0.16 percent by weight of alcohol in the person's
01 blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 02 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of 03 alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol 04 per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters 05 of the person's breath, require the person to use an ignition interlock device as 06 provided in AS 12.55.102 for a minimum of six months after the person regains the 07 privilege, including any limited privilege, to operate a motor vehicle; 08 (2) there was 0.24 percent or more by weight of alcohol in the person's 09 blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there 10 was 0.24 grams or more of alcohol per 210 liters of the person's breath, require the 11 person to use an ignition interlock device as provided in AS 12.55.102 for a minimum 12 of one year after the person regains the privilege, including any limited privilege, to 13 operate a motor vehicle. 14 * Sec. 6. The uncodified law of the State of Alaska enacted in sec. 1, ch. 64, SLA 2001, is 15 amended by adding a new subsection to read: 16 (q) Notwithstanding AS 28.15.201, the court may grant limited license privileges to a 17 defendant if the court (1) determines that the defendant's ability to earn a livelihood, attend 18 school or provide for family health would be severely impaired without a limited license, (2) 19 requires the defendant to use an ignition interlock device, and (3) determines that there will 20 not be excessive danger to the public. The court may impose further conditions and 21 restrictions to a limited license if the court determines that the conditions and restrictions are 22 necessary to ensure public safety and to monitor the continuing sobriety of the defendant. 23 The court shall immediately revoke limited license privileges for any violation of any 24 conditions or restrictions of the limited license privileges. 25 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. Sections 1 and 5 of this Act apply only to acts committed on or 28 after the effective date of secs. 1 and 5 of this Act. Sections 2 - 4 and 6 of this Act apply to 29 persons seeking limited licenses as a result of revocations for convictions occurring before, 30 on, or after the effective date of secs. 2 - 4 and 6 of this Act. References to previous 31 convictions in AS 28.15.201(d)(6), added by sec. 2 of this Act, and in AS 28.15.201(e), added
01 by sec. 3 of this Act, include those occurring before, on, or after the effective date of secs. 2 02 and 3 of this Act. 03 * Sec. 8. Sections 2 - 4 and 6 of this Act take effect immediately under AS 01.10.070(c). 04 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect January 1, 2005.