00                            SENATE BILL NO. 239                                                                         
01 "An Act relating to ignition interlock devices, to refusal to submit to a chemical test, and                            
02 to driving while under the influence."                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.55.102(a) is amended to read:                                                                   
05            (a)  The court shall [MAY] order as a condition of probation or generally as                             
06       part of a sentence that a defendant convicted of an offense involving the use,                                    
07       consumption, or possession of an alcoholic beverage may not operate a motor vehicle                               
08       during the period of probation unless the vehicle is equipped with a properly                                     
09       functioning, monitored, and maintained ignition interlock device. A condition of                                  
10       probation or sentence imposed under this subsection takes effect after any period of                              
11       license revocation imposed under AS 28.15.165(d) or 28.15.181(c).                                                 
12    * Sec. 2. AS 28.35.030(t) is amended to read:                                                                      
13            (t)  Notwithstanding (b) or [,] (n) [, OR (r)] of this section, the court shall                          
14       waive the requirement of the use of an ignition interlock device when a person                                    

01       operates a motor vehicle in a community included on the list published by the                                     
02       department under AS 28.22.011(b).                                                                                 
03    * Sec. 3. AS 28.35.030 is amended by adding a new subsection to read:                                              
04            (v)  When imposing sentence under this section, the court shall require the                                  
05       person to serve a period of probation following the period of imprisonment. The                                   
06       period of probation is the period that the person is required to use an ignition interlock                        
07       device or five years, whichever is greater.                                                                       
08    * Sec. 4. AS 28.35.032 is amended by adding a new subsection to read:                                              
09            (v)  When imposing sentence under this section, the court shall require the                                  
10       person to serve a period of probation following the period of imprisonment. The                                   
11       period of probation is the period that the person is required to use an ignition interlock                        
12       device or five years, whichever is greater.                                                                       
13    * Sec. 5. AS 12.55.102(e)(2) and AS 28.35.030(r) are repealed.