HB 321: "An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance and to refusal to submit to a chemical test."
00 HOUSE BILL NO. 321 01 "An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while 02 under the influence of an alcoholic beverage, inhalant, or controlled substance and to 03 refusal to submit to a chemical test." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.35.030(b) is amended to read: 06 (b) Except as provided under (n) of this section, driving while under the 07 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 08 misdemeanor. Except as provided under (p) of this section, upon conviction [,] 09 (1) under 10 (A) (a)(1) or (2) of this section, when the court finds there 11 was at least 0.08 percent but less than 0.16 percent by weight of alcohol in 12 the person's blood or at least 80 milligrams but less than 160 milligrams of 13 alcohol per 100 milliliters of blood, or if there was at least 0.08 grams but 14 less than 0.16 grams of alcohol per 210 liters of the person's breath, the
01 court shall impose a minimum sentence of imprisonment of 02 (i) [(A)] not less than 72 consecutive hours and a fine of 03 not less than $1,500 if the person has not been previously convicted; 04 (ii) [(B)] not less than 20 days and a fine of not less 05 than $3,000 if the person has been previously convicted once; 06 (iii) [(C)] not less than 60 days and a fine of not less 07 than $4,000 if the person has been previously convicted twice and is 08 not subject to punishment under (n) of this section; 09 (iv) [(D)] not less than 120 days and a fine of not less 10 than $5,000 if the person has been previously convicted three times and 11 is not subject to punishment under (n) of this section; 12 (v) [(E)] not less than 240 days and a fine of not less 13 than $6,000 if the person has been previously convicted four times and 14 is not subject to punishment under (n) of this section; 15 (vi) [(F)] not less than 360 days and a fine of not less 16 than $7,000 if the person has been previously convicted more than four 17 times and is not subject to punishment under (n) of this section; 18 (B) (a)(2) of this section, when the court finds there was 19 0.16 percent or more by weight of alcohol in the person's blood or 160 20 milligrams or more of alcohol per 100 milliliters of blood, or if there was 21 0.16 grams or more of alcohol per 210 liters of the person's breath, the 22 court shall impose a minimum sentence of imprisonment of 23 (i) not less than 144 consecutive hours and a fine of 24 not less than $1,500 if the person has not been previously 25 convicted; 26 (ii) not less than 40 days and a fine of not less than 27 $3,000 if the person has been previously convicted once; 28 (iii) not less than 80 days and a fine of not less than 29 $4,000 if the person has been previously convicted twice and is not 30 subject to punishment under (n) of this section; 31 (iv) not less than 140 days and a fine of not less than
01 $5,000 if the person has been previously convicted three times and 02 is not subject to punishment under (n) of this section; 03 (v) not less than 280 days and a fine of not less than 04 $6,000 if the person has been previously convicted four times and is 05 not subject to punishment under (n) of this section; 06 (vi) not less than 360 days and a fine of not less than 07 $7,000 if the person has been previously convicted more than four 08 times and is not subject to punishment under (n) of this section; 09 (2) the court may not 10 (A) suspend execution of sentence or grant probation except on 11 condition that the person 12 (i) serve the minimum imprisonment under (1) of this 13 subsection; and 14 (ii) pay the minimum fine required under (1) of this 15 subsection; 16 (B) suspend imposition of sentence; 17 (3) the court shall revoke the person's driver's license, privilege to 18 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 19 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 20 forfeited under AS 28.35.036; and 21 (4) the court may order that the person, while incarcerated or as a 22 condition of probation or parole, take a drug or combination of drugs intended to 23 prevent the consumption of an alcoholic beverage; a condition of probation or parole 24 imposed under this paragraph is in addition to any other condition authorized under 25 another provision of law. 26 * Sec. 2. AS 28.35.030(k) is amended to read: 27 (k) Imprisonment required under (b)(1)(A)(i) [(b)(1)(A)] of this section shall 28 be served at a community residential center or, if a community residential center is not 29 available, at another appropriate place determined by the commissioner of corrections. 30 Imprisonment required under (b)(1)(A)(ii) - (vi) or (b)(1)(B) [(b)(1)(B) - (F)] of this 31 section may be served at a community residential center or at a private residence if
01 approved by the commissioner of corrections. Imprisonment served at a private 02 residence must include electronic monitoring. The cost of imprisonment resulting from 03 the sentence imposed under (b)(1) of this section shall be paid to the state by the 04 person being sentenced provided, however, that the cost of imprisonment required to 05 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 06 the court shall include the costs of imprisonment as a part of the judgment of 07 conviction. Except for reimbursement from a permanent fund dividend as provided in 08 this subsection, payment of the cost of imprisonment is not required if the court 09 determines the person is indigent. For costs of imprisonment that are not paid by the 10 person as required by this subsection, the state shall seek reimbursement from the 11 person's permanent fund dividend as provided under AS 43.23.065. While at the 12 community residential center or other appropriate place, a person sentenced under 13 (b)(1)(A)(i) [(b)(1)(A)] of this section shall perform at least 24 hours of community 14 service work. A person sentenced under (b)(1)(A)(ii) or (b)(1)(B)(i) - (ii) [(b)(1)(B)] 15 of this section shall perform at least 160 hours of community service work, as required 16 by the director of the community residential center or other appropriate place, or as 17 required by the commissioner of corrections if the sentence is being served at a private 18 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 19 staff supervision that is specifically adapted to provide a residence, and includes a 20 correctional center, residential treatment facility, hospital, halfway house, group home, 21 work farm, work camp, or other place that provides varying levels of restriction. 22 * Sec. 3. AS 28.35.032(g) is amended to read: 23 (g) Except as provided under (r) of this section, upon conviction under this 24 section, 25 (1) the court shall impose a minimum sentence of imprisonment of 26 (A) not less than 144 [72] consecutive hours and a fine of not 27 less than $1,500 if the person has not been previously convicted; 28 (B) not less than 40 [20] days and a fine of not less than $3,000 29 if the person has been previously convicted once; 30 (C) not less than 80 [60] days and a fine of not less than $4,000 31 if the person has been previously convicted twice and is not subject to
01 punishment under (p) of this section; 02 (D) not less than 140 [120] days and a fine of not less than 03 $5,000 if the person has been previously convicted three times and is not 04 subject to punishment under (p) of this section; 05 (E) not less than 280 [240] days and a fine of not less than 06 $6,000 if the person has been previously convicted four times and is not 07 subject to punishment under (p) of this section; 08 (F) not less than 360 days and a fine of not less than $7,000 if 09 the person has been previously convicted more than four times and is not 10 subject to punishment under (p) of this section; 11 (2) the court may not 12 (A) suspend execution of the sentence required by (1) of this 13 subsection or grant probation, except on condition that the person 14 (i) serve the minimum imprisonment under (1) of this 15 subsection; and 16 (ii) pay the minimum fine required under (1) of this 17 subsection; or 18 (B) suspend imposition of sentence; 19 (3) the court shall revoke the person's driver's license, privilege to 20 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 21 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 22 forfeited under AS 28.35.036; 23 (4) the court may order that the person, while incarcerated or as a 24 condition of probation or parole, take a drug or combination of drugs intended to 25 prevent the consumption of an alcoholic beverage; a condition of probation or parole 26 imposed under this paragraph is in addition to any other condition authorized under 27 another provision of law; and 28 (5) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person. 30 * Sec. 4. AS 28.35.032(i) is repealed.