CSSB 170(JUD): "An Act relating to murder in the second degree, the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; and providing for an effective date."
00 CS FOR SENATE BILL NO. 170(JUD) 01 "An Act relating to murder in the second degree, the justification of defense of self or 02 others, immunity from prosecution, sentencing, probation, discretionary parole, and the 03 right to representation in certain criminal proceedings; relating to violation of a 04 custodian's duty; relating to sexual abuse of a minor; relating to release of information 05 concerning certain cases involving a minor; relating to local options regarding alcoholic 06 beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 07 21 years of age, and forfeiture of property used in, and money or other items of value 08 used in financial transactions derived from, violation of certain laws relating to alcoholic 09 beverages; relating to assault by means of a dangerous instrument; relating to operating 10 or driving a motor vehicle, aircraft, or watercraft while under the influence of an 11 alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a 12 chemical test, and to the presumptions concerning the chemical analysis of breath or
01 blood; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.11.010(c) is amended to read: 04 (c) Unless a municipality or established village has adopted a more 05 restrictive local option under AS 04.11.491(g), in [IN] a criminal prosecution for 06 possession of alcoholic beverages for sale in violation of (a) of this section, the fact 07 that a person 08 (1) possessed more than 12 liters of distilled spirits, 24 liters or more 09 of wine, or 12 gallons or more of malt beverages in an area where the sale of alcoholic 10 beverages is restricted or prohibited under AS 04.11.491 creates a presumption that 11 the person possessed the alcoholic beverages for sale; 12 (2) sends, transports, or brings more than 12 liters of distilled 13 spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages to an 14 area where the sale of alcoholic beverages is restricted or prohibited under 15 AS 04.11.491 creates a presumption that the person sent, transported, or brought 16 the alcoholic beverages for sale in the area. 17 * Sec. 2. AS 04.11.010 is amended by adding a new subsection to read: 18 (d) In this section, 19 (1) "bring" has the meaning given in AS 04.11.499; 20 (2) "send" has the meaning given in AS 04.11.499; 21 (3) "transport" has the meaning given in AS 04.11.499. 22 * Sec. 3. AS 04.11.150(g) is amended to read: 23 (g) If a shipment is to an area that has restricted the sale of alcoholic 24 beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), a package store 25 licensee, agent, or employee may not ship to a purchaser more than 10 and one-half 26 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt 27 beverages in a calendar month, or a lower amount of distilled spirits, wine, or malt 28 beverages if the municipality or established village has adopted the lower amount 29 by local option under AS 04.11.491(g). 30 * Sec. 4. AS 04.11.491 is amended by adding a new subsection to read:
01 (g) If a municipality or established village has adopted a local option under 02 (a)(1), (2), (3), or (4), or (b)(1), (2), or (3) of this section, the municipality or 03 established village, as part of the local option question or questions placed before the 04 voters, may 05 (1) adopt an amount of alcoholic beverages that may be imported that 06 is less than the amounts set out in AS 04.11.150(g); 07 (2) adopt an amount of alcoholic beverages that would give rise to a 08 presumption that the person possessed the alcoholic beverages for sale; the amounts 09 adopted under this paragraph may be lower than those set out in AS 04.11.010(c). 10 * Sec. 5. AS 04.11.508(b) is amended to read: 11 (b) If the perimeter of an established village determined under (a) of this 12 section includes any area that is 13 (1) within a municipality 14 (A) that has adopted a local option, the local option adopted 15 by the municipality applies in the overlapping area; 16 (B) the local option adopted by the established village does 17 not apply in the overlapping area; 18 (2) within the perimeter of another established village and, if the 19 other established village has 20 (A) also adopted a local option under AS 04.11.491, the 21 local option of the established village that is less restrictive applies in the 22 overlapping area; 23 (B) not adopted a local option under AS 04.11.491, the local 24 option does not apply in the overlapping area [OR WITHIN THE 25 PERIMETER OF ANOTHER ESTABLISHED VILLAGE, THE 26 PERIMETER DESCRIBED UNDER (a) OF THIS SECTION IS LIMITED 27 TO AN AREA THAT INCLUDES ONLY THE ESTABLISHED VILLAGE]. 28 * Sec. 6. AS 04.11.508(c) is amended to read: 29 (c) If the board determines that the perimeter of an established village as 30 provided under (a) and (b) of this section does not accurately reflect the perimeter of 31 the established village, the board may establish the perimeter of the established village
01 and the areas of overlapping perimeter described under (b) of this section for 02 purposes of applying a local option selected under this chapter. 03 * Sec. 7. AS 04.16.051(d) is amended to read: 04 (d) A person acting with criminal negligence who violates this section is guilty 05 of a class C felony if 06 (1) within the five years preceding the violation, the person has been 07 previously convicted under 08 (A) this section; or 09 (B) a law or ordinance of this or another jurisdiction with 10 elements substantially similar to this section; [OR] 11 (2) the person who receives the alcoholic beverage negligently causes 12 serious physical injury to or the death of another person while under the influence of 13 the alcoholic beverage received in violation of this section; in this paragraph, 14 (A) "negligently" means acting with civil negligence; and 15 (B) "serious physical injury" has the meaning given in 16 AS 11.81.900; or 17 (3) the violation occurs within the boundaries of a municipality or 18 the perimeter of an established village that has adopted a local option under 19 AS 04.11.491. 20 * Sec. 8. AS 04.16.220(a) is amended to read: 21 (a) The following are subject to forfeiture: 22 (1) alcoholic beverages manufactured, sold, offered for sale or 23 possessed for sale, bartered or exchanged for goods and services in this state in 24 violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or 25 otherwise stored in violation of AS 04.21.060; alcoholic beverages sold, or offered for 26 sale in violation of a local option adopted under AS 04.11.491; alcoholic beverages 27 transported into the state and sold to persons not licensed under this chapter in 28 violation of AS 04.16.170(b); 29 (2) materials and equipment used in the manufacture, sale, offering for 30 sale, possession for sale, barter or exchange of alcoholic beverages for goods and 31 services in this state in violation of AS 04.11.010; materials and equipment used in the
01 stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; 02 materials and equipment used in the sale or offering for sale of an alcoholic beverage 03 in an area in violation of a local option adopted under AS 04.11.491; 04 (3) aircraft, vehicles, or vessels used to transport, or facilitate the 05 transportation of 06 (A) alcoholic beverages manufactured, sold, offered for sale or 07 possessed for sale, bartered or exchanged for goods and services in this state in 08 violation of AS 04.11.010; 09 (B) property stocked, warehoused, or otherwise stored in 10 violation of AS 04.21.060; 11 (C) alcoholic beverages imported into a municipality or 12 established village in violation of AS 04.11.499; 13 (4) alcoholic beverages found on licensed premises that do not bear 14 federal excise stamps if excise stamps are required under federal law; 15 (5) alcoholic beverages, materials or equipment used in violation of 16 AS 04.16.175; 17 (6) money, securities, negotiable instruments, or other things of 18 value used in financial transactions derived from activity prohibited under 19 AS 04.11.010 or in violation of a local option adopted under AS 04.11.491. 20 * Sec. 9. AS 04.16.220(e) is amended to read: 21 (e) The owner of property subject to forfeiture under (a) or (i) of this section 22 is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in 23 an action under (d) of this section, the owner shows that the owner 24 (1) was not a party to the violation; 25 (2) [AND] had no actual knowledge or reasonable cause to believe 26 that the property was used or was to be used in violation of the law; and 27 (3) had no actual knowledge or reasonable cause to believe that the 28 person committing the violation had 29 (A) a criminal record for violating this title; or 30 (B) committed other violations of this title. 31 * Sec. 10. AS 04.16.220(f) is amended to read:
01 (f) A person other than the owner holding, or the assignee of, a lien, mortgage, 02 conditional sales contract on, or the right to possession to property subject to forfeiture 03 under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of 04 remission of the forfeiture if, in an action under (d) of this section, the person shows 05 that the person 06 (1) was not a party to the violation subjecting the property to 07 forfeiture; 08 (2) [AND] had no actual knowledge or reasonable cause to believe 09 that the property was [USED OR WAS] to be used in violation of the law; and 10 (3) had no actual knowledge or reasonable cause to believe that the 11 person committing the violation had 12 (A) a criminal record for violating this title; or 13 (B) committed other violations of this title. 14 * Sec. 11. AS 04.16.220 is amended by adding new subsections to read: 15 (i) Upon conviction for a violation of AS 04.11.010 or 04.11.499, if an 16 aircraft, vehicle, or watercraft is subject to forfeiture under (a) of this section, the court 17 shall, subject to remission to innocent parties under this section, 18 (1) order the forfeiture of an aircraft to the state; 19 (2) order the forfeiture of a vehicle or watercraft if 20 (A) the defendant has a prior felony conviction for a violation 21 of AS 11.41 or a similar law in another jurisdiction; 22 (B) the defendant is on felony probation or parole; 23 (C) the defendant has a prior conviction for violating 24 AS 04.11.010 or 04.11.499; or 25 (D) the quantity of alcohol transported in violation of this title 26 was twice the presumptive amounts in AS 04.11.010(c). 27 (j) Notwithstanding (i) of this section, a court is not required to order the 28 forfeiture of a vehicle or watercraft if the court determines that 29 (1) the vehicle or watercraft is the sole means of transportation for a 30 family residing in a village; 31 (2) the court may impose conditions that will prevent the defendant's
01 use of the vehicle or watercraft; and 02 (3) either 03 (A) a member of the family would be entitled to remission 04 under this section if the family member were an owner of or held a security 05 interest in the vehicle or watercraft; or 06 (B) if a member of the family would not be entitled to 07 remission, the family member was unable as a practical matter to stop the 08 violation making the vehicle or watercraft subject to forfeiture. 09 (k) When forfeiting property under (a), (d), or (i) of this section, a court may 10 award to a municipal law enforcement agency that participated in the arrest or 11 conviction of the defendant, the seizure of property, or the identification of property 12 for seizure, (1) the property if the property is worth $5,000 or less and is not money or 13 some other thing that is divisible, or (2) up to 75 percent of the property or the value of 14 the property if the property is worth more than $5,000 or is money or some other thing 15 that is divisible. In determining the percentage a municipal law enforcement agency 16 may receive under this subsection, the court shall consider the municipal law 17 enforcement agency's total involvement in the case relative to the involvement of the 18 state. 19 (l) In this section, "village" means a community of fewer than 1,000 persons 20 located off the interconnected state road system. 21 * Sec. 12. AS 09.50.020(a) is amended to read: 22 (a) A person who is guilty of contempt is punishable by a fine of not more 23 than $300 or by imprisonment for not more than six months. However, when the 24 contempt is one mentioned in AS 09.50.010(3) - (12), or in an action before a 25 magistrate, the person is punishable by a fine of not more than $100 unless it appears 26 that a right or remedy of a party to an action or proceeding was defeated or prejudiced 27 by the contempt, in which case the penalty shall be as prescribed for contempts 28 described in AS 09.50.010(1) and [,] (2) [, AND (13)]. 29 * Sec. 13. AS 11.41.110(a) is amended to read: 30 (a) A person commits the crime of murder in the second degree if 31 (1) with intent to cause serious physical injury to another person or
01 knowing that the conduct is substantially certain to cause death or serious physical 02 injury to another person, the person causes the death of any person; 03 (2) the person knowingly engages in conduct that results in the death 04 of another person under circumstances manifesting an extreme indifference to the 05 value of human life; 06 (3) under circumstances not amounting to murder in the first degree 07 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 08 person commits or attempts to commit arson in the first degree, kidnapping, sexual 09 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 10 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 11 degree, escape in the first or second degree, robbery in any degree, or misconduct 12 involving a controlled substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) 13 or (2), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 14 in immediate flight from that crime, any person causes the death of a person [OTHER 15 THAN ONE OF THE PARTICIPANTS]; 16 (4) acting with a criminal street gang, the person commits or attempts 17 to commit a crime that is a felony and, in the course of or in furtherance of that crime 18 or in immediate flight from that crime, any person causes the death of a person 19 [OTHER THAN ONE OF THE PARTICIPANTS]; or 20 (5) the person with criminal negligence causes the death of a child 21 under the age of 16, and the person has been previously convicted of a crime involving 22 a child under the age of 16 that was 23 (A) a felony violation of AS 11.41; 24 (B) in violation of a law or ordinance in another jurisdiction 25 with elements similar to a felony under AS 11.41; or 26 (C) an attempt, a solicitation, or a conspiracy to commit a 27 crime listed in (A) or (B) of this paragraph. 28 * Sec. 14. AS 11.41.220(a) is amended to read: 29 (a) A person commits the crime of assault in the third degree if that person 30 (1) recklessly 31 (A) places another person in fear of imminent serious physical
01 injury by means of a dangerous instrument; 02 (B) causes physical injury to another person by means of a 03 dangerous instrument; or 04 (C) while being 18 years of age or older 05 (i) causes physical injury to a child under 10 years of 06 age and the injury reasonably requires medical treatment; 07 (ii) causes physical injury to a child under 10 years of 08 age on more than one occasion; 09 (2) with intent to place another person in fear of death or serious 10 physical injury to the person or the person's family member makes repeated threats to 11 cause death or serious physical injury to another person; [OR] 12 (3) while being 18 years of age or older, knowingly causes physical 13 injury to a child under 16 years of age but at least 10 years of age and the injury 14 reasonably requires medical treatment; or 15 (4) with criminal negligence causes serious physical injury to 16 another person by means of a dangerous instrument. 17 * Sec. 15. AS 11.41.438(a) is amended to read: 18 (a) An offender commits the crime of sexual abuse of a minor in the third 19 degree if 20 (1) being under 16 years of age, the offender engages in sexual 21 penetration with a person who is under 13 years of age and at least three years 22 younger than the offender; 23 (2) being 16 years of age or older, the offender engages in sexual 24 contact with a person who is 13, 14, or 15 years of age and at least three years younger 25 than the offender; or 26 (3) [(2)] being 18 years of age or older, the offender engages in sexual 27 penetration with a person who is 16 or 17 years of age and at least three years younger 28 than the offender, and the offender occupies a position of authority in relation to the 29 victim. 30 * Sec. 16. AS 11.41.440(a) is amended to read: 31 (a) An offender commits the crime of sexual abuse of a minor in the fourth
01 degree if 02 (1) being under 16 years of age, the offender engages in [SEXUAL 03 PENETRATION OR] sexual contact with a person who is under 13 years of age and 04 at least three years younger than the offender; or 05 (2) being 18 years of age or older, the offender engages in sexual 06 contact with a person who is 16 or 17 years of age and at least three years younger 07 than the offender, and the offender occupies a position of authority in relation to the 08 victim. 09 * Sec. 17. AS 11.56 is amended by adding a new section to read: 10 Sec. 11.56.758. Violation of custodian's duty. (a) A person commits the 11 crime of violation of custodian's duty if the person knowingly fails, when acting as a 12 custodian appointed by the court for a released person under AS 12.30, to report 13 immediately as directed by the court that the person released has violated a condition 14 of release. 15 (b) Violation of custodian's duty is 16 (1) a class A misdemeanor if the released person is charged with a 17 felony; 18 (2) a class B misdemeanor if the released person is charged with a 19 misdemeanor. 20 * Sec. 18. AS 11.81.330(a) is amended to read: 21 (a) A person may use nondeadly force upon another when and to the extent the 22 person reasonably believes it is necessary for self defense against what the person 23 reasonably believes to be the use of unlawful force by the other, unless 24 (1) the force involved was the product of mutual combat not 25 authorized by law; 26 (2) the person claiming the defense of justification provoked the 27 other's conduct with intent to cause physical injury to the other; [OR] 28 (3) the person claiming the defense of justification was the initial 29 aggressor; or 30 (4) the force applied was the result of using a deadly weapon the 31 person claiming the defense of justification possessed while
01 (A) acting alone or with others to further a felony criminal 02 objective of the person or one or more other persons; or 03 (B) a participant in a felony transaction or purported 04 transaction or in immediate flight from a felony transaction or purported 05 transaction in violation of AS 11.71. 06 * Sec. 19. AS 12.50.101(a) is amended to read: 07 (a) If a witness refuses, on the basis of the privilege against self-incrimination, 08 to testify or provide other information in a criminal proceeding before or ancillary to a 09 court or grand jury of this state, and a judge issues an order under (b) of this section, 10 the witness may not refuse to comply with the order on the basis of the privilege 11 against self-incrimination. If the witness fully complies with the order, the witness 12 may not be prosecuted for an offense about which the witness is compelled to 13 testify [NO TESTIMONY OR OTHER INFORMATION COMPELLED UNDER 14 THE ORDER, OR INFORMATION DIRECTLY OR INDIRECTLY DERIVED 15 FROM THAT TESTIMONY OR OTHER INFORMATION, MAY BE USED 16 AGAINST THE WITNESS IN A CRIMINAL CASE], except in a prosecution based 17 on perjury, giving a false statement [,] or otherwise knowingly providing false 18 information, or hindering prosecution. 19 * Sec. 20. AS 12.50.101(e) is amended to read: 20 (e) In [AS USED IN] this section, 21 (1) "other information" means books, papers, documents, records, 22 recordings, or other similar material; 23 (2) "proffer" means a written or oral statement by the attorney for 24 the witness, stating the attorney's good faith belief of the substance of the 25 witness's testimony or other information. 26 * Sec. 21. AS 12.50.101 is amended by adding new subsections to read: 27 (f) If a witness refuses, or there is reason to believe the witness will refuse, to 28 testify or provide other information based on the privilege against self-incrimination, 29 and if the attorney general or the attorney general's designee has not applied for an 30 order under (b) of this section, the court shall inform the witness of the right to be 31 represented by an attorney, and that an attorney will be appointed for the witness if the
01 witness qualifies for counsel under AS 18.85. The court shall recess the proceeding to 02 allow the witness to consult with the attorney for the witness. 03 (g) If the attorney general or the attorney general's designee declines to seek 04 an order under (b) of this section after the witness has had an opportunity to consult 05 with an attorney, and the witness continues to refuse to testify or provide other 06 information, the court shall hold a hearing to determine the validity of the claim of 07 privilege by the witness. The hearing shall be in camera. 08 (h) At the hearing under (g) of this section, the attorney for the witness, in the 09 form of a proffer, shall describe the testimony or other information that the witness 10 claims is privileged. The proffer must include a description of how the testimony or 11 other information could connect the witness with a crime. The proffer is privileged 12 and inadmissible for any other purpose. If the proffer establishes a factual basis that 13 there is a real or substantial danger that the testimony or other information to be 14 compelled would support a conviction or would furnish a link in the chain of evidence 15 leading to conviction for a crime, the court may find that the witness has a valid claim 16 of privilege. 17 (i) If the court finds that the witness has a valid claim of privilege, it shall 18 advise the prosecution of that finding. 19 * Sec. 22. AS 12.55.025(c) is amended to read: 20 (c) Except as provided in (d) [AND (e)] of this section, when a defendant is 21 sentenced to imprisonment, the term of confinement commences on the date of 22 imposition of sentence unless the court specifically provides that the defendant must 23 report to serve the sentence on another date. If the court provides another date to 24 begin the term of confinement, the court shall provide the defendant with written 25 notice of the date, time, and location of the correctional facility to which the defendant 26 must report. A defendant shall receive credit for time spent in custody pending trial, 27 sentencing, or appeal, if the detention was in connection with the offense for which 28 sentence was imposed. A defendant may not receive credit for more than the actual 29 time spent in custody pending trial, sentencing, or appeal. The time during which a 30 defendant is voluntarily absent from official detention after the defendant has been 31 sentenced may not be credited toward service of the sentence.
01 * Sec. 23. AS 12.55 is amended by adding a new section to read: 02 Sec. 12.55.127. Consecutive and concurrent terms of imprisonment. (a) If 03 a defendant is required to serve a term of imprisonment under a separate judgment, a 04 term of imprisonment imposed in a later judgment, amended judgment, or probation 05 revocation shall be consecutive. 06 (b) Except as provided in (c) of this section, if a defendant is being sentenced 07 for two or more crimes in a single judgment, terms of imprisonment may be 08 concurrent or partially concurrent. 09 (c) If the defendant is being sentenced for 10 (1) escape, the term of imprisonment shall be consecutive to the term 11 for the underlying crime; 12 (2) two or more crimes under AS 11.41, a consecutive term of 13 imprisonment shall be imposed for at least 14 (A) the mandatory minimum term under AS 12.55.125(a) for 15 each additional crime that is murder in the first degree; 16 (B) the mandatory minimum term for each additional crime 17 that is an unclassified felony governed by AS 12.55.125(b); 18 (C) the presumptive term specified in AS 12.55.125(c) or the 19 active term of imprisonment, whichever is less, for each additional crime that 20 is 21 (i) manslaughter; or 22 (ii) kidnapping that is a class A felony; 23 (D) two years or the active term of imprisonment, whichever is 24 less, for each additional crime that is criminally negligent homicide; 25 (E) one-fourth of the presumptive term under AS 12.55.125(c) 26 or (i) for each additional crime that is sexual assault in the first degree under 27 AS 11.41.410 or sexual abuse of a minor in the first degree under 28 AS 11.41.434, or an attempt, solicitation or conspiracy to commit those 29 offenses; and 30 (F) some additional term of imprisonment for each additional 31 crime, or each additional attempt or solicitation to commit the offense, under
01 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 02 11.41.500 - 11.41.520. 03 (d) In this section, 04 (1) "active term of imprisonment" means the total term of 05 imprisonment imposed for a crime, minus suspended imprisonment; 06 (2) "additional crime" means a crime that is not the primary crime; 07 (3) "primary crime" means the crime 08 (A) for which the sentencing court imposes the longest active 09 term of imprisonment; or 10 (B) that is designated by the sentencing court as the primary 11 crime when no single crime has the longest active term of imprisonment. 12 * Sec. 24. AS 18.85.100 is amended by adding a new subsection to read: 13 (f) Notwithstanding (a) of this section, an indigent person is entitled to the 14 representation and necessary services and facilities of representation as provided in (a) 15 of this section when the person is a witness who refuses or there is reason to believe 16 will refuse to testify or provide other information based on the privilege against self- 17 incrimination. 18 * Sec. 25. 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 if the person operates or drives a 21 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) if [WHEN], as determined by a chemical test taken within four 25 hours after the alleged offense was committed, there is 0.08 percent or more by weight 26 of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters 27 of blood, or if [WHEN] there is 0.08 grams or more of alcohol per 210 liters of the 28 person's breath; or 29 (3) while the person is under the combined influence of an alcoholic 30 beverage, an intoxicating liquor, an inhalant, or [AND] a controlled substance. 31 * Sec. 26. AS 28.35.030(n) is amended to read:
01 (n) A person is guilty of a class C felony if the person is convicted under (a) of 02 this section and either has been previously convicted two or more times since 03 January 1, 1996, and within the 10 years preceding the date of the present offense, or 04 punishment under this subsection or under AS 28.35.032(p) was previously 05 imposed on the person. For purposes of determining minimum sentences based on 06 previous convictions, the provisions of (r)(4) of this section apply. Upon conviction, 07 the court 08 (1) shall impose a fine of not less than $10,000 and a minimum 09 sentence of imprisonment of not less than 10 (A) 120 days if the person has been previously convicted twice; 11 (B) 240 days if the person has been previously convicted three 12 times; 13 (C) 360 days if the person has been previously convicted four 14 or more times; 15 (2) may not 16 (A) suspend execution of sentence or grant probation except on 17 condition that the person serve the minimum imprisonment under (1) of this 18 subsection; or 19 (B) suspend imposition of sentence; 20 (3) shall permanently revoke the person's driver's license, privilege to 21 drive, or privilege to obtain a license subject to restoration of the license under (o) of 22 this section; 23 (4) may order that the person, while incarcerated or as a condition of 24 probation or parole, take a drug or combination of drugs, intended to prevent the 25 consumption of an alcoholic beverage; a condition of probation or parole imposed 26 under this paragraph is in addition to any other condition authorized under another 27 provision of law; 28 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 29 or aircraft used in the commission of the offense, subject to remission under 30 AS 28.35.037; and 31 (6) shall order the department to revoke the registration for any vehicle
01 registered by the department in the name of the person convicted under this 02 subsection; if a person convicted under this subsection is a registered co-owner of a 03 vehicle or is registered as a co-owner under a business name, the department shall 04 reissue the vehicle registration and omit the name of the person convicted under this 05 subsection. 06 * Sec. 27. AS 28.35.030 is amended by adding a new subsection to read: 07 (s) In a prosecution under (a) of this section, a person may introduce evidence 08 of having consumed alcohol before operating or driving the motor vehicle, aircraft, or 09 watercraft to rebut or explain the results of a chemical test, but it is not a defense that 10 the chemical test did not measure the blood alcohol at the time of the driving or 11 operating. 12 * Sec. 28. AS 28.35.032(p) is amended to read: 13 (p) A person is guilty of a class C felony if the person is convicted under this 14 section and either has been previously convicted two or more times since January 1, 15 1996, and within the 10 years preceding the date of the present offense, or 16 punishment under this subsection or under AS 28.35.030(n) was previously 17 imposed on the person. For purposes of determining minimum sentences based on 18 previous convictions, the provisions of AS 28.35.030(r)(4) apply. Upon conviction, 19 (1) the court shall impose a fine of not less than $10,000 and a 20 minimum sentence of imprisonment of not less than 21 (A) 120 days if the person has been previously convicted twice; 22 (B) 240 days if the person has been previously convicted three 23 times; 24 (C) 360 days if the person has been previously convicted four 25 or more times; 26 (2) the court may not 27 (A) suspend execution of the sentence required by (1) of this 28 subsection or grant probation, except on condition that the person serve the 29 minimum imprisonment under (1) of this subsection; or 30 (B) suspend imposition of sentence; 31 (3) the court shall permanently revoke the person's driver's license,
01 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 02 this section; 03 (4) the court may order that the person, while incarcerated or as a 04 condition of probation or parole, take a drug, or combination of drugs, intended to 05 prevent consumption of an alcoholic beverage; a condition of probation or parole 06 imposed under this paragraph is in addition to any other condition authorized under 07 another provision of law; 08 (5) the sentence imposed by the court under this subsection shall run 09 consecutively with any other sentence of imprisonment imposed on the person; 10 (6) the court shall order forfeiture under AS 28.35.036, of the motor 11 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 12 remission under AS 28.35.037; and 13 (7) the court shall order the department to revoke the registration for 14 any vehicle registered by the department in the name of the person convicted under 15 this subsection; if a person convicted under this subsection is a registered co-owner of 16 a vehicle, the department shall reissue the vehicle registration and omit the name of 17 the person convicted under this subsection. 18 * Sec. 29. AS 28.35.033(c) is amended to read: 19 (c) Except as provided in AS 28.35.030(s), the [THE] provisions of (a) of 20 this section may not be construed to limit the introduction of any other competent 21 evidence bearing upon the question of whether the person was or was not under the 22 influence of intoxicating liquor. 23 * Sec. 30. AS 33.16.090(b) is amended to read: 24 (b) Except as provided in (e) of this section, a prisoner is not eligible for 25 discretionary parole during the term of a presumptive sentence; however, a prisoner is 26 eligible for discretionary parole during a term of sentence enhancement imposed under 27 AS 12.55.155(a) or during the term of a consecutive or partially consecutive 28 presumptive sentence imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)]. A 29 prisoner sentenced to a mandatory 99-year term under AS 12.55.125(a) or a definite 30 term under AS 12.55.125(l) is not eligible for discretionary parole during the entire 31 term.
01 * Sec. 31. AS 33.16.090(c) is amended to read: 02 (c) Except as provided in (e) of this section, a prisoner eligible for 03 discretionary parole during a period of sentence enhancement imposed under 04 AS 12.55.155(a) or during a consecutive or partially consecutive presumptive sentence 05 imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall serve the unenhanced 06 portion of the sentence or the initial presumptive sentence before being otherwise 07 eligible for discretionary parole under AS 33.16.100(c) or (d). For purposes of this 08 subsection, the sentence for the most serious offense in the case of consecutive or 09 partially consecutive presumptive sentences shall be considered the initial presumptive 10 sentence. The unenhanced sentence or the initial presumptive sentence is considered 11 served for purposes of discretionary parole on the date the unenhanced or initial 12 presumptive sentence is due to expire less good time earned under AS 33.20.010. 13 * Sec. 32. AS 47.12.310 is amended by adding a new subsection to read: 14 (k) A state or municipal agency, other than a state or municipal law 15 enforcement agency, or authorized employee may disclose to the public information 16 regarding a case as may be necessary to protect the safety of the public provided the 17 disclosure is authorized by regulations adopted by the department. 18 * Sec. 33. (a) AS 09.50.010(13) is repealed. 19 (b) AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are repealed. 20 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) The changes made in secs. 7 - 11, 13 - 16, 18, 22, 23, 25, 30, 23 31, and 33(b) of this Act apply to offenses committed on or after the respective effective date 24 of those sections. 25 (b) Sections 26 and 28 of this Act apply to offenses occurring on or after the effective 26 date of those sections, except that previous punishment, referred to in AS 28.35.030(n), as 27 amended by sec. 26 of this Act, and in AS 28.35.032(p), as amended by sec. 28 of this Act, 28 includes punishment imposed before, on, or after the effective date of secs. 26 and 28 of this 29 Act. 30 (c) Section 17 of this Act applies to custodians who fail to report on or after the 31 effective date of sec. 17 of this Act, for persons released for offenses committed before, on, or
01 after the effective date of sec. 17 of this Act. 02 (d) The changes made in secs. 19, 21, 24, 27, and 29 of this Act apply to criminal 03 proceedings for offenses committed before, on, or after the effective date of those sections. 04 (e) Section 32 of this Act applies to an offense occurring before, on, or after the 05 effective date of this Act. 06 * Sec. 35. This Act takes effect July 1, 2004.