CSSB 224(STA): "An Act relating to a minor operating a vehicle after consuming alcohol, to a minor refusing to submit to chemical tests, and to driving during the 24 hours after being cited for one of those offenses; and providing for an effective date."
00 CS FOR SENATE BILL NO. 224(STA) 01 "An Act relating to a minor operating a vehicle after consuming alcohol, to a minor 02 refusing to submit to chemical tests, and to driving during the 24 hours after being cited 03 for one of those offenses; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.35.280(d) is repealed and reenacted to read: 06 (d) The offense of a minor operating a vehicle after consuming alcohol is an 07 infraction and if the minor 08 (1) has not been previously convicted under this section, 09 AS 28.35.285, or 28.35.290, upon conviction, the court shall impose a 10 (A) fine of $500; and 11 (B) period of community work service of not less than 20 hours 12 nor more than 40 hours; the community work service under this subparagraph 13 must be related to education about or prevention or treatment of misuse of 14 alcohol if opportunities are available for that type of work service in the
01 community; if such opportunities are not available, the court shall make other 02 provisions for the work service; 03 (2) has been previously convicted once under this section, 04 AS 28.35.285, or 28.35.290, upon conviction, the court shall impose a 05 (A) fine of $1,000; and 06 (B) period of community work service of not less than 40 hours 07 nor more than 60 hours; the community work service under this subparagraph 08 must be related to education about or prevention or treatment of misuse of 09 alcohol if opportunities are available for that type of work service in the 10 community; if such opportunities are not available, the court shall make other 11 provisions for the work service; 12 (3) has been previously convicted two or more times under this 13 section, AS 28.35.285, or 28.35.290, upon conviction, the court shall impose a 14 (A) fine of $1,500; and 15 (B) period of community work service of not less than 60 hours 16 nor more than 80 hours; the community work service under this subparagraph 17 must be related to education about or prevention or treatment of misuse of 18 alcohol if opportunities are available for that type of work service in the 19 community; if such opportunities are not available, the court shall make other 20 provisions for the work service. 21 * Sec. 2. AS 28.35.285(d) is repealed and reenacted to read: 22 (d) Refusal to submit to a chemical test or tests of the person's breath 23 requested under AS 28.35.280 is an infraction and if the minor 24 (1) has not been previously convicted under this section, 25 AS 28.35.280, or 28.35.290, upon conviction, the court shall impose a 26 (A) fine of $500; and 27 (B) period of community work service of not less than 20 hours 28 nor more than 40 hours; the community work service under this subparagraph 29 must be related to education about or prevention or treatment of misuse of 30 alcohol if opportunities are available for that type of work service in the 31 community; if such opportunities are not available, the court shall make other
01 provisions for the work service; 02 (2) has been previously convicted once under this section, 03 AS 28.35.280, or 28.35.290, upon conviction, the court shall impose a 04 (A) fine of $1,000; and 05 (B) period of community work service of not less than 40 hours 06 nor more than 60 hours; the community work service under this subparagraph 07 must be related to education about or prevention or treatment of misuse of 08 alcohol if opportunities are available for that type of work service in the 09 community; if such opportunities are not available, the court shall make other 10 provisions for the work service. 11 (3) has been previously convicted two or more times under this 12 section, AS 28.35.280, or 28.35.290, upon conviction, the court shall impose a 13 (A) fine of $1,500; and 14 (B) period of community work service of not less than 60 hours 15 nor more than 80 hours; the community work service under this subparagraph 16 must be related to education about or prevention or treatment of misuse of 17 alcohol if opportunities are available for that type of work service in the 18 community; if such opportunities are not available, the court shall make other 19 provisions for the work service. 20 * Sec. 3. AS 28.35.290(b) is repealed and reenacted to read: 21 (b) Operating a motor vehicle during the 24 hours after being cited for minor 22 operating a vehicle after consuming alcohol or for minor's refusal to submit to a 23 chemical test is, an infraction and if the minor 24 (1) has not been previously convicted under this section, 25 AS 28.35.280, or 28.35.285, upon conviction, the court shall impose a 26 (A) fine of $500; and 27 (B) period of community work service of not less than 20 hours 28 nor more than 40 hours; the community work service under this subparagraph 29 must be related to education about or prevention or treatment of misuse of 30 alcohol if opportunities are available for that type of work service in the 31 community; if such opportunities are not available, the court shall make other
01 provisions for the work service; 02 (2) has been previously convicted once under this section, 03 AS 28.35.280, or 28.35.285, upon conviction, the court shall impose a 04 (A) fine of $1,000; and 05 (B) period of community work service of not less than 40 hours 06 nor more than 60 hours; the community work service under this subparagraph 07 must be related to education about or prevention or treatment of misuse of 08 alcohol if opportunities are available for that type of work service in the 09 community; if such opportunities are not available, the court shall make other 10 provisions for the work service; 11 (3) has been previously convicted two or more times under this 12 section, AS 28.35.280, or 28.35.285, upon conviction, the court shall impose a 13 (A) fine of $1,500; and 14 (B) period of community work service of not less than 60 hours 15 nor more than 80 hours; the community work service under this subparagraph 16 must be related to education about or prevention or treatment of misuse of 17 alcohol if opportunities are available for that type of work service in the 18 community; if such opportunities are not available, the court shall make other 19 provisions for the work service. 20 * Sec. 4. Sections 14 - 16 and 23, ch. 143, SLA 1996, are repealed. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. The changes made to AS 28.35.280, 28.35.285, and 28.35.290 by 24 this Act apply to offenses committed on or after the effective date of this Act. References to 25 prior convictions under AS 28.35.280, 28.35.285, and 28.35.290, as amended by this Act, 26 apply to convictions occurring before, on, or after the effective date of this Act. 27 * Sec. 6. This Act takes effect July 1, 2004.