CSHB 283(JUD): "An Act relating to the purchasing of and restrictions concerning alcoholic beverages."
00 CS FOR HOUSE BILL NO. 283(JUD) 01 "An Act relating to the purchasing of and restrictions concerning alcoholic beverages." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 04.16.047(a) is amended to read: 04 (a) A person who is restricted from purchasing alcohol under AS 04.16.160 05 may not 06 (1) knowingly enter or remain in premises licensed under this title to 07 obtain or consume alcohol; 08 (2) solicit another to purchase alcoholic beverages for the person; 09 (3) offer or present to a licensee or an agent or employee of the 10 licensee identification that misrepresents that the person is restricted from 11 purchasing alcoholic beverages, for the purpose of inducing the licensee or an 12 agent or employee of the licensee to sell, give, serve, or furnish alcoholic 13 beverages contrary to law. 14 * Sec. 2. AS 04.16.047 is amended by adding a new subsection to read: 15 (d) A person may not purchase alcoholic beverages for a person who is
01 restricted from purchasing alcoholic beverages under AS 04.16.160. 02 * Sec. 3. AS 04.16.160(a) is amended to read: 03 (a) Except as otherwise provided by law, a person who is 21 years of age or 04 older may not purchase alcoholic beverages if the person has been ordered to refrain 05 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 06 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 07 municipal ordinance or as a condition of probation or parole from a conviction under 08 AS 28.35.030, 28.35.032, or a similar municipal ordinance. The restriction on 09 purchasing alcoholic beverages applies during the period that the person is required to 10 refrain from consuming alcoholic beverages under the sentence or condition of 11 probation or parole. 12 * Sec. 4. AS 04.21.050(b) is amended to read: 13 (b) Except as provided in AS 04.16.160 and in (d) of this section, a valid 14 state driver's license or a valid state identification card is acceptable as proof of age or 15 that the person is not restricted from purchasing alcoholic beverages when used for 16 identification in the purchase of alcoholic beverages and for securing entry to and 17 remaining on premises where alcoholic beverages are sold if the state license or 18 identification card is made of or encased in plastic and contains a photograph of the 19 licensee or card holder and a statement of age or date of birth. A licensee, agent, or 20 employee may elect to not accept a passport, military identification card, or other 21 identification as proof that the person is not restricted from purchasing alcoholic 22 beverages and may require the person to furnish a valid driver's license or state 23 identification card or otherwise furnish proof that the person is not a resident of this 24 state. 25 * Sec. 5. AS 04.21.050 is amended by adding a new subsection to read: 26 (d) A state driver's license or a state identification card issued when a person 27 was under 21 years of age, regardless of the person's current age, is not acceptable as 28 proof of age under this title or proof that a person is not restricted from the purchase of 29 alcoholic beverages under this title. 30 * Sec. 6. AS 12.55.015(a) is amended to read: 31 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing
01 sentence on a defendant convicted of an offense, may singly or in combination 02 (1) impose a 03 (A) fine when authorized by law and as provided in 04 AS 12.55.035; or 05 (B) [REPEALED] 06 (2) order the defendant to be placed on probation under conditions 07 specified by the court that may include provision for active supervision; 08 (3) impose a definite term of periodic imprisonment, but only if an 09 employment obligation of the defendant preexisted sentencing and the defendant 10 receives a composite sentence of not more than two years to serve; 11 (4) impose a definite term of continuous imprisonment; 12 (5) order the defendant to make restitution under AS 12.55.045; 13 (6) order the defendant to carry out a continuous or periodic program 14 of community work under AS 12.55.055; 15 (7) suspend execution of all or a portion of the sentence imposed under 16 AS 12.55.080; 17 (8) suspend imposition of sentence under AS 12.55.085; 18 (9) order the forfeiture to the commissioner of public safety or a 19 municipal law enforcement agency of a deadly weapon that was in the actual 20 possession of or used by the defendant during the commission of an offense described 21 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 22 (10) order the defendant, while incarcerated, to participate in or 23 comply with the treatment plan of a rehabilitation program that is related to the 24 defendant's offense or to the defendant's rehabilitation if the program is made available 25 to the defendant by the Department of Corrections; 26 (11) order the forfeiture to the state of a motor vehicle, weapon, 27 electronic communication device, or money or other valuables, used in or obtained 28 through an offense that was committed for the benefit of, at the direction of, or in 29 association with a criminal street gang; 30 (12) order the defendant to have no contact, either directly or 31 indirectly, with a victim or witness of the offense until the defendant is
01 unconditionally discharged; 02 (13) order the defendant to refrain from consuming alcoholic 03 beverages for a period of time, including during the term of any sentence and as a 04 condition of probation, suspended sentence, and suspended imposition of 05 sentence, if 06 (A) the defendant was convicted of a felony and the court 07 finds by clear and convincing evidence that the defendant's conduct 08 constituting the offense was substantially influenced by the consumption 09 of alcoholic beverages; or 10 (B) the defendant was convicted of a misdemeanor and the 11 defendant has been previously convicted of crimes two or more times and 12 the court finds by clear and convincing evidence that, based on the 13 defendant's history, there is reason to believe that imposing a requirement 14 that the defendant refrain from consuming alcoholic beverages is 15 necessary to protect the public; in this subparagraph, "previously 16 convicted" has the meaning given in AS 28.35.030. 17 * Sec. 7. AS 12.55.015 is amended by adding a new subsection to read: 18 (k) Nothing in (a)(13) of this section limits or restricts the authority of a court 19 to order a person to refrain from the consumption of alcohol as a condition of sentence 20 or probation.