Enrolled HB 386: Establishing a uniform format and procedure for citations for certain violations of state law; relating to the form, issuance, and disposition of citations for certain violations; relating to certain crimes and penalties for noncompliance with citations; and providing for an effective date.
00Enrolled HB 386 01 Establishing a uniform format and procedure for citations for certain violations of state law; 02 relating to the form, issuance, and disposition of citations for certain violations; relating to 03 certain crimes and penalties for noncompliance with citations; and providing for an effective 04 date. 05 _______________ 06 * Section 1. AS 04.16.205(a) is amended to read: 07 (a) A person who possesses alcoholic beverages in a municipality or 08 established village in violation of AS 04.11.501 or an ordinance adopted under 09 AS 04.11.501 may, upon conviction, be punished by a fine not to exceed $1,000 and 10 shall forfeit the seized alcoholic beverages. When a peace officer stops or contacts a 11 person concerning a violation of AS 04.11.501 or an ordinance adopted under 12 AS 04.11.501, the peace officer shall seize the alcoholic beverages and may issue a 13 citation to the person as provided in AS 12.25.175 - 12.25.230 [AS 12.25.180]. 14 * Sec. 2. AS 04.16.205(b) is amended to read:
01 (b) If a [A] person cited for a violation of AS 04.11.501 or an ordinance 02 adopted under AS 04.11.501 for which a bail amount has been established under (c) of 03 this section does not contest the citation, the person may, within 30 days after the 04 date the citation is issued, 05 (1) mail or personally deliver to the clerk of the court in which the 06 citation is filed by the peace officer the amount of bail indicated on the citation and a 07 copy of the citation indicating that the right to an appearance is waived, a plea of no 08 contest is entered, and the bail and all alcoholic beverages seized are forfeited; or 09 (2) perform community work in lieu of payment of the fine or a 10 portion of the fine as provided in (d) of this section. 11 * Sec. 3. AS 04.16.205(f) is repealed and reenacted to read: 12 (f) A person cited under this section is guilty of failure to obey a citation under 13 AS 12.25.230 if the person fails to pay the fine, appear in court as required, or provide 14 proof of performance to the court as specified in (d)(1) of this section. 15 * Sec. 4. AS 04.21.065(d) is amended to read: 16 (d) A peace officer may issue a citation for a violation of this section. The 17 provisions of AS 12.25.175 - 12.25.230 [AS 12.25.180(b) AND 12.25.190 - 18 12.25.230] apply to the issuance of a citation under this subsection. 19 * Sec. 5. AS 04.21.065(h) is amended to read: 20 (h) If a [A] person cited for a violation under this section does not contest the 21 citation, the person may, on or before the 30th day [WITHIN 15 DAYS] after the 22 date of the citation, mail or personally deliver to the clerk of the court in which the 23 citation is filed 24 (1) the amount of bail indicated on the citation for the violation; and 25 (2) a copy of the citation indicating that the right to an appearance is 26 waived, a plea of no contest is entered, and the bail is forfeited. 27 * Sec. 6. AS 04.21.065(j) is repealed and reenacted to read: 28 (j) A person cited under this section is guilty of failure to obey a citation under 29 AS 12.25.230 if the person fails to pay the bail amount established under (g) of this 30 section or to appear in court as required. 31 * Sec. 7. AS 05.25.080(b) is amended to read:
01 (b) A peace officer may enforce this chapter and regulations adopted under 02 this chapter and, in the exercise of enforcement, may stop and, if the peace officer has 03 probable cause to believe a violation of this chapter has occurred, may board a boat 04 subject to this chapter. A peace officer may issue a citation as provided in 05 AS 12.25.175 - 12.25.230 [AS 12.25.180] to a person who violates a provision of this 06 chapter. 07 * Sec. 8. AS 05.25.080, as repealed and reenacted by sec. 18, ch. 28, SLA 2000, is amended 08 to read: 09 Sec. 05.25.080. Enforcement. A peace officer may enforce this chapter and, in 10 the exercise of enforcement, may stop and, if the peace officer has probable cause to 11 believe a violation of this chapter has occurred, board watercraft subject to this 12 chapter. A peace officer may issue a citation as provided in AS 12.25.175 - 13 12.25.230 to a person who violates a provision of this chapter. 14 * Sec. 9. AS 08.01.102 is amended to read: 15 Sec. 08.01.102. Citation for unlicensed practice or activity. The department 16 may issue a citation for a violation of a license requirement under this chapter, except 17 a requirement to have a license under AS 43.70, if there is probable cause to believe a 18 person has practiced a profession or engaged in business for which a license is 19 required without holding the license. Each day a violation continues after a citation for 20 the violation has been issued constitutes a separate violation. A citation issued under 21 this section must comply with the standards adopted under AS 12.25.175 - 22 12.25.230. 23 * Sec. 10. AS 08.01.103(a) is amended to read: 24 (a) [A CITATION ISSUED UNDER AS 08.01.102 MUST BE IN 25 WRITING.] A person receiving the citation issued under AS 08.01.102 is not 26 required to sign a notice to appear in court. 27 * Sec. 11. AS 08.01.103(b) is amended to read: 28 (b) The time specified in the notice to appear on a citation issued under 29 AS 08.01.102 shall be at least five working days [, NOT INCLUDING WEEKENDS 30 AND HOLIDAYS,] after the issuance of the citation [, UNLESS THE PERSON 31 CITED REQUESTS AN EARLIER HEARING].
01 * Sec. 12. AS 08.01.103(d) is amended to read: 02 (d) On or before the 10th working day after the issuance of a citation, the 03 [THE] department shall deposit the original or a copy of the citation with a court 04 having jurisdiction over the alleged offense. Upon its deposit with the court, the 05 citation may be disposed of only by trial in the court or other official action taken by 06 the magistrate, judge, or prosecutor. The department may not dispose of a citation, 07 copies of it, or [OF] the record of its issuance except as required under this subsection 08 and (e) of this section. 09 * Sec. 13. AS 08.01.103(f) is repealed and reenacted to read: 10 (f) A citation issued under AS 08.01.102 is considered to be a lawful 11 complaint for the purpose of prosecution. 12 * Sec. 14. AS 08.18.118(a) is amended to read: 13 (a) A citation issued under this chapter must comply with AS 12.25.175 - 14 12.25.230 [BE IN WRITING]. A person receiving the citation is not required to sign a 15 notice to appear in court. 16 * Sec. 15. AS 08.18.118(b) is amended to read: 17 (b) The time specified in the notice to appear on a citation issued under this 18 chapter must be at least five working days [, NOT INCLUDING WEEKENDS AND 19 HOLIDAYS,] after the issuance of the citation [, UNLESS THE PERSON CITED 20 REQUESTS AN EARLIER HEARING]. 21 * Sec. 16. AS 08.18.118(f) is repealed and reenacted to read: 22 (f) A citation issued under this chapter is considered to be a lawful complaint 23 for the purpose of prosecution. 24 * Sec. 17. AS 08.40.340 is amended to read: 25 Sec. 08.40.340. Issuance of citations. The department may issue a citation 26 that complies with AS 12.25.175 - 12.25.230 for a violation if there is probable cause 27 to believe a person has violated AS 08.40.210 - 08.40.490. Each day a violation 28 continues after a citation for the violation has been issued constitutes a separate 29 violation. 30 * Sec. 18. AS 08.40.350(a) is amended to read: 31 (a) [A CITATION ISSUED UNDER AS 08.40.340 MUST BE IN
01 WRITING.] A person receiving the citation under AS 08.40.340 is not required to 02 sign a notice to appear in court. 03 * Sec. 19. AS 08.40.350(b) is amended to read: 04 (b) The time specified in the notice to appear on a citation issued under 05 AS 08.40.340 must be at least five working days [, NOT INCLUDING WEEKENDS 06 AND HOLIDAYS,] after the issuance of the citation [, UNLESS THE PERSON 07 CITED REQUESTS AN EARLIER HEARING]. 08 * Sec. 20. AS 08.40.350(f) is repealed and reenacted to read: 09 (f) A citation issued under AS 08.40.340 is considered to be a lawful 10 complaint for the purpose of prosecution. 11 * Sec. 21. AS 12.25 is amended by adding a new section to article 2 to read: 12 Sec. 12.25.175. Uniform citation format and procedure. (a) 13 Notwithstanding any contrary provision of law, a citation issued by a peace officer and 14 by another person who is authorized by law to issue a citation in the state must comply 15 with standards concerning uniform citation format and procedure adopted by the 16 Department of Public Safety. The standards must include 17 (1) a statewide numbering system for citations; 18 (2) a requirement that a citation be made upon oath or affirmation 19 before a person authorized by law to administer oaths or affirmations or signed with a 20 certification under penalty of perjury that the citation is true and was personally served 21 on the person charged; 22 (3) a requirement that the citation contain information required by 23 AS 12.25.200(b). 24 (b) The commissioner of public safety shall provide or prescribe citation 25 forms for use by peace officers and other persons who are authorized by law to issue 26 citations. 27 (c) The commissioner of public safety shall adopt regulations under AS 44.62 28 to implement this section. 29 * Sec. 22. AS 12.25.180 is amended to read: 30 Sec. 12.25.180. When peace officer may issue citation or take person 31 before the court. (a) When a peace officer stops or contacts a person [IS STOPPED
01 OR CONTACTED BY A PEACE OFFICER] for the commission of a misdemeanor 02 or the violation of a municipal ordinance, the officer [PERSON] may, in the officer's 03 discretion, issue [OF THE CONTACTING PEACE OFFICER, BE ISSUED] a 04 citation to the person instead of taking the person [BEING TAKEN] before a judge 05 or magistrate under AS 12.25.150, unless 06 (1) the person does not furnish satisfactory evidence of identity; 07 (2) the contacting officer reasonably believes [HAS REASONABLE 08 AND PROBABLE CAUSE TO BELIEVE] the person is a danger to self or others; 09 (3) the crime for which the person is contacted is one involving 10 violence or harm to another person or to property; 11 (4) the person asks to be taken before a judge or magistrate under 12 AS 12.25.150; or 13 (5) the peace officer has probable cause to believe the person 14 committed a crime involving domestic violence; in this paragraph, "crime involving 15 domestic violence" has the meaning given in AS 18.66.990. 16 (b) When a [PERSON IS STOPPED OR CONTACTED BY A] peace officer 17 stops or contacts a person for the commission of an infraction or a violation, the 18 officer [PERSON] shall issue [BE ISSUED] a citation instead of taking the person 19 [BEING TAKEN] before a judge or magistrate under AS 12.25.150, unless 20 (1) the person does not furnish satisfactory evidence of identity; or 21 (2) the person refuses to accept service of the citation [OR TO GIVE 22 A WRITTEN PROMISE TO APPEAR AS PROVIDED FOR UNDER 23 AS 12.25.190(c)]. 24 * Sec. 23. AS 12.25.190 is amended to read: 25 Sec. 12.25.190. When person to be given five-day notice to appear in court. 26 (a) When a person is contacted by a peace officer and the peace officer exercises one 27 of the options [OPTION] provided for in AS 12.25.180, the officer shall prepare a 28 written citation and issue it to the person. 29 (b) The time specified in the notice to appear shall be at least five working 30 days after [THE ALLEGED VIOLATION OR] the issuance of the citation [, 31 WHICHEVER IS LATER, UNLESS THE PERSON CITED REQUESTS AN
01 EARLIER HEARING]. 02 (c) The person cited [FOR THE CRIME] shall accept [GIVE A WRITTEN 03 PROMISE TO APPEAR IN COURT BY SIGNING] at least one copy of the written 04 citation prepared by the peace officer [, AND THE OFFICER SHALL DELIVER A 05 COPY OF THE CITATION TO THE PERSON. THE WRITTEN PROMISE 06 REQUIREMENT OF THIS SUBSECTION DOES NOT APPLY TO BOATING 07 CITATIONS FOR WHICH A BAIL SCHEDULE HAS BEEN ESTABLISHED 08 UNDER AS 05.25.090(c), MOTOR VEHICLE AND TRAFFIC CITATIONS FOR 09 WHICH A BAIL OR FINE SCHEDULE HAS BEEN ESTABLISHED UNDER 10 AS 28.05.151, FISH AND GAME CITATIONS FOR WHICH A BAIL SCHEDULE 11 HAS BEEN ESTABLISHED UNDER AS 16.05.165, CITATIONS ISSUED UNDER 12 AS 04.21.065, CITATIONS FOR SKIING VIOLATIONS ISSUED UNDER 13 AS 05.45.100, CITATIONS ISSUED UNDER AS 18.35.341, CITATIONS ISSUED 14 IN STATE PARK AND RECREATIONAL FACILITIES UNDER AS 41.21.960, OR 15 LITTERING CITATIONS ISSUED UNDER AS 46.06.080]. 16 * Sec. 24. AS 12.25.190(c), as repealed and reenacted by sec. 26, ch. 28, SLA 2000, and by 17 sec. 41, ch. 12, SLA 2006, is amended to read: 18 (c) The person cited [FOR THE CRIME] shall accept [GIVE A WRITTEN 19 PROMISE TO APPEAR IN COURT BY SIGNING] at least one copy of the written 20 citation prepared by the peace officer [, AND THE OFFICER SHALL DELIVER A 21 COPY OF THE CITATION TO THE PERSON. THE WRITTEN PROMISE 22 REQUIREMENT OF THIS SUBSECTION DOES NOT APPLY TO MOTOR 23 VEHICLE AND TRAFFIC CITATIONS FOR WHICH A BAIL OR FINE 24 SCHEDULE HAS BEEN ESTABLISHED UNDER AS 28.05.151, FISH AND 25 GAME CITATIONS FOR WHICH A BAIL SCHEDULE HAS BEEN 26 ESTABLISHED UNDER AS 16.05.165, CITATIONS ISSUED UNDER 27 AS 04.21.065, CITATIONS FOR SKIING VIOLATIONS ISSUED UNDER 28 AS 05.45.100, CITATIONS ISSUED UNDER AS 18.35.341, CITATIONS ISSUED 29 IN STATE PARK AND RECREATIONAL FACILITIES UNDER AS 41.21.960, OR 30 LITTERING CITATIONS ISSUED UNDER AS 46.06.080]. 31 * Sec. 25. AS 12.25.195(a) is amended to read:
01 (a) If a [A] person cited for an offense for which a scheduled amount of bail 02 or a fine has been established does not contest the citation, the person may mail or 03 personally deliver to the clerk of the court with appropriate jurisdiction if a bailable 04 offense, or to the clerk of the municipality that issued the citation if a scheduled 05 municipal fine, the amount of the bail or fine indicated on the citation for the offense 06 together with a copy of the citation signed by the person indicating the person's waiver 07 of court appearance, entry of plea of no contest, and forfeiture of bail or fine. The 08 citation with the bail or fine shall be mailed or personally delivered on or before 09 the 30th day after the date the citation was issued [A MOTOR VEHICLE OR 10 TRAFFIC CITATION MAY BE MAILED OR PERSONALLY DELIVERED 11 WITHIN FIVE DAYS OF THE DATE OF THE CITATION. A CITATION FOR A 12 SCHEDULED OFFENSE OTHER THAN A MOTOR VEHICLE OR TRAFFIC 13 CITATION MAY BE MAILED OR PERSONALLY DELIVERED WITHIN 15 14 DAYS OF THE DATE OF THE CITATION]. 15 * Sec. 26. AS 12.25.200 is amended to read: 16 Sec. 12.25.200. Form for citations. (a) The chief administrative officer of 17 each law enforcement agency or other agency authorized to issue citations in the 18 state is responsible for the issuance of books containing appropriate citations, and shall 19 maintain a record of each book and each citation contained in it and shall require and 20 retain a receipt for every book issued to a peace officer or other person authorized to 21 issue citations. 22 (b) A citation issued under AS 12.25.180 or other law authorizing the 23 issuance of a citation must be in writing and indicate, if applicable, 24 (1) the amount of bail or fine and the surcharge applicable to the 25 offense; 26 (2) the procedure a person must follow in responding to the citation; 27 (3) that, if the person fails to pay the bail or fine, the person must 28 appear in court; 29 (4) that failure to pay the bail or fine or appear in court for an offense 30 involving a moving motor vehicle may result in 31 (A) suspension of the person's driver's license, privilege to
01 drive, or privilege to obtain a license; or 02 (B) attachment of the person's permanent fund dividend to pay 03 the fine plus court and collection costs under AS 28.05.155; and 04 (5) that the person has a right to 05 (A) a trial; 06 (B) engage counsel; 07 (C) confront and question witnesses; 08 (D) testify; [AND] 09 (E) subpoena witnesses on the person's behalf. 10 * Sec. 27. AS 12.25.210(a) is amended to read: 11 (a) A peace officer or other person authorized by law to issue a citation, 12 upon issuing a citation to an alleged violator under AS 12.25.180 or other law, on or 13 before the 10th working day after issuance, shall deposit the original or a copy of 14 the citation with a court having jurisdiction over the alleged offense. If the citation 15 charges an offense under a municipal ordinance for which a scheduled fine has been 16 established, the peace officer shall deposit the original or a copy of the citation with 17 the clerk of the municipality that issued the citation, unless otherwise provided under 18 rule adopted by the supreme court. Failure to file the citation within the prescribed 19 time is not a basis for dismissal of the citation. 20 * Sec. 28. AS 12.25.210(d) is amended to read: 21 (d) The chief administrative officer of each law enforcement or other agency 22 shall require each officer or other person in the agency to retain [RETURN] a copy 23 of every citation issued by the officer or other person to an alleged violator of a law 24 or ordinance and all copies of every citation that has been spoiled or upon which any 25 entry has been made and not issued to an alleged violator. 26 * Sec. 29. AS 12.25.210(e) is amended to read: 27 (e) The chief administrative officer of each law enforcement or other agency 28 shall also maintain, in connection with every citation issued by an officer or other 29 person in the agency, a record of the disposition of the charge by the court in which 30 the original or copy of the citation was deposited. 31 * Sec. 30. AS 12.25.230(a) is amended to read:
01 (a) Except as provided in (b) of this section or otherwise specifically 02 provided by law, a person who fails to appear in court to answer the citation, 03 regardless of the disposition of the charge for which the citation was issued, is guilty 04 of a class A misdemeanor [AND UPON CONVICTION IS PUNISHABLE BY A 05 FINE OF NOT MORE THAN $1,000, OR BY IMPRISONMENT FOR NOT MORE 06 THAN ONE YEAR, OR BY BOTH]. 07 * Sec. 31. AS 12.25.230(b) is repealed and reenacted to read: 08 (b) A person who fails to pay the bail or fine or appear in court in response to 09 a citation for which a scheduled bail or fine is established, regardless of the disposition 10 of the charge for which the citation was issued, is guilty of a class B misdemeanor. 11 * Sec. 32. AS 16.05.165(a) is amended to read: 12 (a) When a peace officer stops or contacts a person concerning a violation of 13 this title except AS 16.51 and AS 16.52 or of a regulation adopted under this title 14 except AS 16.51 and AS 16.52 that is a misdemeanor, the peace officer may, in the 15 officer's discretion, issue a citation to the person as provided in AS 12.25.175 - 16 12.25.230 [AS 12.25.180]. 17 * Sec. 33. AS 16.05.165(c) is amended to read: 18 (c) If a [A] person cited for a misdemeanor for which a bail amount has been 19 established under (b) of this section does not contest the citation, the person may, 20 on or before the 30th day [WITHIN 15 DAYS] after the date of the citation, mail or 21 personally deliver to the clerk of the court in which the citation is filed by the peace 22 officer 23 (1) the amount of bail indicated on the citation for that offense; and 24 (2) a copy of the citation indicating that the right to an appearance is 25 waived, a plea of no contest is entered, and the bail is forfeited. 26 * Sec. 34. AS 16.05.165(e) is repealed and reenacted to read: 27 (e) A person cited under this section is guilty of failure to obey a citation 28 under AS 12.25.230 if the person fails to pay the bail amount established under (b) of 29 this section or fails to appear in court as required. 30 * Sec. 35. AS 18.35.341(a) is amended to read: 31 (a) A peace officer may issue a citation for a violation of AS 18.35.300 or
01 18.35.305 committed in the officer's presence or for a violation of AS 18.35.330. The 02 provisions of AS 12.25.175 - 12.25.230 [AS 12.25.180(b) AND 12.25.190 - 03 12.25.230] apply to the issuance of a citation under this subsection. 04 * Sec. 36. AS 18.35.341(e) is amended to read: 05 (e) If a [A] person cited for a violation under this section does not contest the 06 citation, the person may, on or before the 30th day [WITHIN 15 DAYS] after the 07 date of the citation, mail or personally deliver to the clerk of the court in which the 08 citation is filed 09 (1) the amount of bail indicated on the citation for that violation; and 10 (2) a copy of the citation indicating that the right to an appearance is 11 waived, a plea of no contest is entered, and the bail is forfeited. 12 * Sec. 37. AS 18.35.341(g) is repealed and reenacted to read: 13 (g) A person cited under this section is guilty of failure to obey a citation 14 under AS 12.25.230 if the person fails to pay the bail amount established under (d) of 15 this section or fails to appear in court as required. 16 * Sec. 38. AS 28.01.010(h) is amended to read: 17 (h) A municipality may issue a citation for a traffic offense only if the citation 18 complies with the provisions of AS 12.25.175 and 12.25.200 [AS 12.25.200]. 19 * Sec. 39. AS 28.05.041(a) is amended to read: 20 (a) The commissioner of administration shall prescribe and provide suitable 21 application forms, certificates of title and registration, driver's licenses, and all other 22 forms necessary to carry out the provisions of this title and regulations adopted under 23 this title, the administration of which is vested in the Department of Administration. 24 The commissioner of public safety shall prescribe and provide suitable forms 25 necessary to carry out the provisions of this title and regulations adopted under this 26 title, the administration of which is vested in the Department of Public Safety, 27 including a standard citation form that meets the requirements of AS 12.25.175 and 28 12.25.200 [AS 12.25.200] and that is in a form necessary to identify the offender and 29 the offense and otherwise necessary to meet the needs of the public safety and the 30 administration of justice as required under AS 12.25.175 and 12.25.200 [THAT 31 SECTION].
01 * Sec. 40. AS 28.32.010(b) is amended to read: 02 (b) A peace officer, or an employee of the Department of Public Safety who is 03 authorized by the commissioner of that department to enforce both hazardous 04 materials and commercial vehicle safety regulations, may issue a citation under 05 AS 12.25.175 - 12.25.230 [AS 12.25.180 - 12.25.230] to a person who violates a 06 regulation adopted under AS 28.05.011(a)(2). An employee of the Department of 07 Public Safety who is authorized by the commissioner of public safety to enforce both 08 hazardous materials and commercial vehicle safety regulations may not take a person 09 into custody under AS 12.25.180(b). 10 * Sec. 41. AS 41.21.960(a) is amended to read: 11 (a) When a peace officer stops or contacts a person concerning the 12 commission of a misdemeanor offense committed within a park or recreational facility 13 subject to the department's supervision, the officer may issue a citation to the person, 14 subject to the provisions of AS 12.25.175 - 12.25.230 [AS 12.25.180 - 12.25.230]. The 15 person receiving the citation may not be required to endorse the citation. 16 * Sec. 42. AS 41.21.960(c) is amended to read: 17 (c) If a [A] person cited for an offense for which a bail amount has been 18 established under (b) of this section does not contest the citation, the person may, 19 on or before the 30th day after [WITHIN 15 DAYS FROM] the date of the citation, 20 mail or personally deliver to the clerk of the court having jurisdiction over the place 21 where the offense occurred 22 (1) the amount of bail indicated on the citation for that offense; and 23 (2) a copy of the citation indicating the offender's waiver of 24 appearance, plea of no contest, and direction to forfeit the bail and any items seized 25 from the offender. 26 * Sec. 43. AS 41.21.960(e) is repealed and reenacted to read: 27 (e) A person cited under this section is guilty of failure to obey a citation 28 under AS 12.25.230 if the person fails to pay the bail amount established under (b) of 29 this section or fails to appear in court as required. 30 * Sec. 44. AS 41.23.210(b) is amended to read: 31 (b) A person designated in (a) of this section may, when enforcing the
01 provisions of AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 - 02 41.23.230, 03 (1) execute a warrant or other process issued by an officer or court of 04 competent jurisdiction; 05 (2) administer or take an oath, affirmation, or affidavit; and 06 (3) issue a citation or arrest a person who violates a provision of 07 AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 - 41.23.230. 08 * Sec. 45. AS 41.23.210 is amended by adding a new subsection to read: 09 (c) A citation issued under (b) of this section must comply with the provisions 10 of AS 12.25.175 - 12.25.230. 11 * Sec. 46. AS 44.29.094(a) is amended to read: 12 (a) A citation issued under AS 44.29.092 must comply with the standards 13 adopted under AS 12.25.175 and 12.25.200 [BE IN WRITING] and must contain a 14 notice to appear in court. A person receiving the citation is not required to sign the 15 notice. 16 * Sec. 47. AS 44.29.094(b) is amended to read: 17 (b) The time specified in the notice to appear in court on the citation shall be 18 at least five working days [, NOT INCLUDING WEEKENDS AND HOLIDAYS,] 19 after the issuance of the citation [, UNLESS THE PERSON CITED REQUESTS AN 20 EARLIER APPEARANCE IN COURT]. 21 * Sec. 48. AS 44.29.094(f) is repealed and reenacted to read: 22 (f) A citation issued under AS 44.29.092 is considered to be a lawful 23 complaint for the purpose of prosecution. 24 * Sec. 49. AS 44.41.020 is amended by adding a new subsection to read: 25 (f) The Department of Public Safety shall establish by regulation standardized 26 forms for citations issued by law enforcement officers and other persons authorized by 27 law to issue citations in the state. 28 * Sec. 50. AS 45.75.131(b) is amended to read: 29 (b) A citation issued under this section must comply with the standards 30 adopted under AS 12.25.175 - 12.25.230 [BE IN WRITING]. A person receiving the 31 citation is not required to sign a promise to appear in court.
01 * Sec. 51. AS 45.75.131(c) is amended to read: 02 (c) The time specified in the notice to appear on a citation issued under this 03 section must be at least five working [15] days after the issuance of the citation [, 04 UNLESS THE PERSON CITED REQUESTS AN EARLIER HEARING]. 05 * Sec. 52. AS 45.75.131(e) is amended to read: 06 (e) On or before the 10th working day after issuance, a [A] peace officer or 07 an employee who issues a citation under this section shall deposit the original or a 08 copy of the citation with a court having jurisdiction over the alleged offense. Upon its 09 deposit with the court, the citation may be disposed of only by trial in the court or 10 other official action taken by the magistrate, judge, or prosecutor. The peace officer or 11 employee who issued the citation may not dispose of it or copies of it or of the record 12 of its issuance except as required under this subsection and (f) of this section. 13 * Sec. 53. AS 45.75.131(g) is repealed and reenacted to read: 14 (g) A citation issued under this section is considered to be a lawful complaint 15 for the purpose of prosecution. 16 * Sec. 54. AS 45.75.131(h) is amended to read: 17 (h) Unless the citation has been voided or otherwise dismissed by the 18 magistrate, judge, or prosecutor, or bail has been forfeited under AS 45.75.133, a 19 person who fails to appear in court to answer a citation issued under this section, 20 regardless of the disposition of the charge for which the citation was issued, is guilty 21 of failure to obey a citation under AS 12.25.230(b) [A CLASS B 22 MISDEMEANOR]. 23 * Sec. 55. AS 45.75.133(b) is amended to read: 24 (b) If a [A] person cited for a violation for which a bail forfeiture amount has 25 been established under (a) of this section does not contest the citation, the person 26 may, within 30 [15] days after the date of the citation, mail or personally deliver to the 27 clerk of the court in which the citation is filed by the employee 28 (1) the amount of bail indicated on the citation for that offense; and 29 (2) a copy of the citation indicating that the right to an appearance is 30 waived, a plea of no contest is entered, and the bail is forfeited. 31 * Sec. 56. AS 45.75.133(d) is repealed and reenacted to read:
01 (d) A person cited under this section is guilty of failure to obey a citation 02 under AS 12.25.230(b) if the person fails to pay the bail amount established under (a) 03 of this section or fails to appear in court as required. 04 * Sec. 57. AS 46.06.080(d) is amended to read: 05 (d) A peace officer shall issue a citation as provided in AS 12.25.175 - 06 12.25.230 [AS 12.25.180] to a person who violates this section. If a citation is for a 07 minor littering violation and the person does not contest the charge, [THEN] the 08 person to whom the citation is issued may, on or before the 30th day after the date 09 of the citation [WITHIN 15 DAYS], mail or personally deliver to the clerk of the 10 court in which the citation is filed 11 (1) a fine of $50; and 12 (2) a copy of the citation indicating that the right to an appearance is 13 waived and a plea of no contest is entered. 14 * Sec. 58. AS 46.06.080(f) is repealed and reenacted to read: 15 (f) A person cited under this section is guilty of failure to obey a citation under 16 AS 12.25.230 if the person fails to pay the fine or to appear in court as required. 17 * Sec. 59. AS 46.06.110(b) is amended to read: 18 (b) The department shall prescribe a citation form, which shall be used by all 19 peace officers and persons in the state who are authorized to enforce the provisions of 20 this chapter. The citation form must meet the requirements of AS 12.25.175 - 21 12.25.230. 22 * Sec. 60. AS 04.16.205(i) and 04.16.205(j) are repealed. 23 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. This Act applies to all citations issued by peace officers and other 26 persons authorized under state law to issue citations for violations occurring on or after July 1, 27 2010. 28 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of Public Safety 31 may proceed to adopt regulations necessary to implement this Act. The regulations take effect
01 under AS 44.62 (Administrative Procedure Act), but not before July 1, 2010. 02 * Sec. 63. Section 62 of this Act takes effect immediately under AS 01.10.070(c). 03 * Sec. 64. Sections 8 and 24 of this Act take effect on the date that secs. 18 and 26, ch. 28, 04 SLA 2000, take effect under sec. 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 05 2004, and by sec. 1, ch. 19, SLA 2009. 06 * Sec. 65. Except as provided in secs. 63 and 64 of this Act, this Act takes effect July 1, 07 2010.