Enrolled SB 239: Relating to ignition interlock devices, to refusal to submit to a chemical test, and to driving while under the influence.
00Enrolled SB 239 01 Relating to ignition interlock devices, to refusal to submit to a chemical test, and to driving 02 while under the influence. 03 _______________ 04 * Section 1. AS 11.76.140(a) is amended to read: 05 (a) A person commits the crime of avoidance of ignition interlock device if the 06 person knowingly 07 (1) circumvents or tampers with an ignition interlock device in a 08 manner intended to allow a person on probation under AS 12.55.102, with a condition 09 of sentence under AS 12.55.102 or another section, or who has an ignition interlock 10 limited license to avoid using the device; 11 (2) rents a motor vehicle to a person and with criminal negligence 12 disregards the fact that the person is on probation under AS 12.55.102, has a condition 13 of sentence under AS 12.55.102 or another section, or has an ignition interlock 14 limited license, unless the vehicle is equipped with an ignition interlock device
01 described in AS 12.55.102; or 02 (3) loans a motor vehicle to a person and knowingly disregards the fact 03 that the person is on probation under AS 12.55.102, has a condition of sentence under 04 AS 12.55.102 or another section, or has an ignition interlock limited license, unless 05 the vehicle is equipped with an ignition interlock device described in AS 12.55.102. 06 * Sec. 2. AS 28.15.291(b) is amended to read: 07 (b) Upon conviction under (a) of this section, the court 08 (1) shall impose a minimum sentence of imprisonment 09 (A) if the person has not been previously convicted, of not less 10 than 10 days with 10 days suspended, including a mandatory condition of 11 probation that the defendant complete not less than 80 hours of community 12 work service; 13 (B) if the person has been previously convicted, of not less than 14 10 days; 15 (C) if the person's driver's license, privilege to drive, or 16 privilege to obtain a license was revoked under circumstances described in 17 AS 28.15.181(c)(1), [OR] if the person was driving in violation of a limited 18 license issued under AS 28.15.201(d) following that revocation, or if the 19 person was driving in violation of an ignition interlock device requirement 20 following that revocation, of not less than 20 days with 10 days suspended, 21 and a fine of not less than $500, including a mandatory condition of probation 22 that the defendant complete not less than 80 hours of community work service; 23 (D) if the person's driver's license, privilege to drive, or 24 privilege to obtain a license was revoked under circumstances described in 25 AS 28.15.181(c)(2), (3), or (4), [OR] if the person was driving in violation of a 26 limited license issued under AS 28.15.201(d) following that revocation, or if 27 the person was driving in violation of an ignition interlock device 28 requirement following that revocation, of not less than 30 days and a fine of 29 not less than $1,000; 30 (2) may impose additional conditions of probation; 31 (3) may not
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person serve a minimum term of imprisonment and perform 03 required community work service as provided in (1) of this subsection; 04 (B) suspend imposition of sentence; 05 (4) shall revoke the person's license, privilege to drive, or privilege to 06 obtain a license, and the person may not be issued a new license or a limited license 07 nor may the privilege to drive or obtain a license be restored for an additional period 08 of not less than 90 days after the date that the person would have been entitled to 09 restoration of driving privileges; and 10 (5) may order that the motor vehicle that was used in commission of 11 the offense be forfeited under AS 28.35.036. 12 * Sec. 3. AS 28.35.030(b) is amended to read: 13 (b) Except as provided under (n) of this section, driving while under the 14 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 15 misdemeanor. Upon conviction, 16 (1) the court shall impose a minimum sentence of imprisonment of 17 (A) not less than 72 consecutive hours, require the person to 18 use an ignition interlock device after the person regains the privilege, including 19 any limited privilege, to operate a motor vehicle for a minimum of six [12] 20 months [DURING THE PERIOD OF PROBATION], and impose a fine of not 21 less than $1,500 if the person has not been previously convicted; 22 (B) not less than 20 days, require the person to use an ignition 23 interlock device after the person regains the privilege, including any limited 24 privilege, to operate a motor vehicle for a minimum of 12 [24] months 25 [DURING THE PERIOD OF PROBATION], and impose a fine of not less 26 than $3,000 if the person has been previously convicted once; 27 (C) not less than 60 days, require the person to use an ignition 28 interlock device after the person regains the privilege, including any limited 29 privilege, to operate a motor vehicle for a minimum of 18 [36] months 30 [DURING THE PERIOD OF PROBATION], and impose a fine of not less 31 than $4,000 if the person has been previously convicted twice and is not
01 subject to punishment under (n) of this section; 02 (D) not less than 120 days, require the person to use an ignition 03 interlock device after the person regains the privilege, including any limited 04 privilege, to operate a motor vehicle for a minimum of 24 months 05 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 06 less than $5,000 if the person has been previously convicted three times and is 07 not subject to punishment under (n) of this section; 08 (E) not less than 240 days, require the person to use an ignition 09 interlock device after the person regains the privilege, including any limited 10 privilege, to operate a motor vehicle for a minimum of 30 months 11 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 12 less than $6,000 if the person has been previously convicted four times and is 13 not subject to punishment under (n) of this section; 14 (F) not less than 360 days, require the person to use an ignition 15 interlock device after the person regains the privilege, including any limited 16 privilege, to operate a motor vehicle for a minimum of 36 months 17 [THROUGHOUT THE PERIOD OF PROBATION], and impose a fine of not 18 less than $7,000 if the person has been previously convicted more than four 19 times and is not subject to punishment under (n) of this section; 20 (2) the court may not 21 (A) suspend execution of sentence or grant probation except on 22 condition that the person 23 (i) serve the minimum imprisonment under (1) of this 24 subsection; [AND] 25 (ii) pay the minimum fine required under (1) of this 26 subsection; 27 (B) suspend imposition of sentence; or 28 (C) suspend the requirement for an ignition interlock 29 device for a violation of (a)(1) of this section involving an alcoholic 30 beverage or intoxicating liquor, singly or in combination, or a violation of 31 (a)(2) of this section;
01 (3) the court shall revoke the person's driver's license, privilege to 02 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 03 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 04 forfeited under AS 28.35.036; and 05 (4) the court may order that the person, while incarcerated or as a 06 condition of probation or parole, take a drug or combination of drugs intended to 07 prevent the consumption of an alcoholic beverage; a condition of probation or parole 08 imposed under this paragraph is in addition to any other condition authorized under 09 another provision of law. 10 * Sec. 4. AS 28.35.030(g) is amended to read: 11 (g) Notwithstanding (b) of this section, [IF THE COURT IMPOSES 12 PROBATION UNDER AS 12.55.102] the court may reduce the fine required to be 13 imposed under (b) of this section by the cost of the ignition interlock device. 14 * Sec. 5. AS 28.35.030(n) is amended to read: 15 (n) A person is guilty of a class C felony if the person is convicted under (a) of 16 this section and either has been previously convicted two or more times since 17 January 1, 1996, and within the 10 years preceding the date of the present offense, or 18 punishment under this subsection or under AS 28.35.032(p) was previously imposed 19 within the last 10 years. For purposes of determining minimum sentences based on 20 previous convictions, the provisions of (u)(4) of this section apply. Upon conviction, 21 the court 22 (1) shall impose a fine of not less than $10,000, require the person to 23 use an ignition interlock device after the person regains the privilege to operate a 24 motor vehicle for a minimum of 60 months [THROUGHOUT THE PERIOD OF 25 PROBATION], and impose a minimum sentence of imprisonment of not less than 26 (A) 120 days if the person has been previously convicted twice; 27 (B) 240 days if the person has been previously convicted three 28 times; 29 (C) 360 days if the person has been previously convicted four 30 or more times; 31 (2) may not
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person 03 (i) serve the minimum imprisonment under (1) of this 04 subsection; [AND] 05 (ii) pay the minimum fine required under (1) of this 06 subsection; [OR] 07 (B) suspend imposition of sentence; or 08 (C) suspend the requirement for an ignition interlock 09 device for a violation of (a)(1) of this section involving an alcoholic 10 beverage or intoxicating liquor, singly or in combination, or a violation of 11 (a)(2) of this section; 12 (3) shall permanently revoke the person's driver's license, privilege to 13 drive, or privilege to obtain a license subject to restoration of the license under (o) of 14 this section; 15 (4) may order that the person, while incarcerated or as a condition of 16 probation or parole, take a drug or combination of drugs [,] intended to prevent the 17 consumption of an alcoholic beverage; a condition of probation or parole imposed 18 under this paragraph is in addition to any other condition authorized under another 19 provision of law; 20 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 21 or aircraft used in the commission of the offense, subject to remission under 22 AS 28.35.037; and 23 (6) shall order the department to revoke the registration for any vehicle 24 registered by the department in the name of the person convicted under this 25 subsection; if a person convicted under this subsection is a registered co-owner of a 26 vehicle or is registered as a co-owner under a business name, the department shall 27 reissue the vehicle registration and omit the name of the person convicted under this 28 subsection. 29 * Sec. 6. AS 28.35.030(t) is amended to read: 30 (t) Notwithstanding (b) or [,] (n) [, OR (r)] of this section, the court shall 31 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. 7. AS 28.35.032(g) is amended to read: 04 (g) Upon conviction under this section, 05 (1) the court shall impose a minimum sentence of imprisonment of 06 (A) not less than 72 consecutive hours, require the person to 07 use an ignition interlock device after the person regains the privilege to operate 08 a motor vehicle for a minimum of six [12] months [DURING THE PERIOD 09 OF PROBATION], and impose a fine of not less than $1,500 if the person has 10 not been previously convicted; 11 (B) not less than 20 days, require the person to use an ignition 12 interlock device after the person regains the privilege to operate a motor 13 vehicle for a minimum of 12 [24] months [DURING THE PERIOD OF 14 PROBATION], and impose a fine of not less than $3,000 if the person has 15 been previously convicted once; 16 (C) not less than 60 days, require the person to use an ignition 17 interlock device after the person regains the privilege to operate a motor 18 vehicle for a minimum of 18 [36] months [DURING THE PERIOD OF 19 PROBATION], and impose a fine of not less than $4,000 if the person has 20 been previously convicted twice and is not subject to punishment under (p) of 21 this section; 22 (D) not less than 120 days, require the person to use an ignition 23 interlock device after the person regains the privilege to operate a motor 24 vehicle for a minimum of 24 months [THROUGHOUT THE PERIOD OF 25 PROBATION], and impose a fine of not less than $5,000 if the person has 26 been previously convicted three times and is not subject to punishment under 27 (p) of this section; 28 (E) not less than 240 days, require the person to use an ignition 29 interlock device after the person regains the privilege to operate a motor 30 vehicle for a minimum of 30 months [THROUGHOUT THE PERIOD OF 31 PROBATION], and impose a fine of not less than $6,000 if the person has
01 been previously convicted four times and is not subject to punishment under 02 (p) of this section; 03 (F) not less than 360 days, require the person to use an ignition 04 interlock device after the person regains the privilege to operate a motor 05 vehicle for a minimum of 36 months [THROUGHOUT THE PERIOD OF 06 PROBATION], and impose a fine of not less than $7,000 if the person has 07 been previously convicted more than four times and is not subject to 08 punishment under (p) of this section; 09 (2) the court may not 10 (A) suspend execution of the sentence required by (1) of this 11 subsection or grant probation, except on 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; [OR] 16 (B) suspend imposition of sentence; or 17 (C) suspend the requirement for an ignition interlock 18 device; 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. 8. AS 28.35.032(k) is amended to read: 31 (k) Notwithstanding (g) of this section, [IF THE COURT IMPOSES
01 PROBATION UNDER AS 12.55.102] the court may reduce the fine required to be 02 imposed under (g) of this section by the cost of the ignition interlock device. 03 * Sec. 9. AS 28.35.032(p) is amended to read: 04 (p) A person is guilty of a class C felony if the person is convicted under this 05 section and either has been previously convicted two or more times since January 1, 06 1996, and within the 10 years preceding the date of the present offense, or punishment 07 under this subsection or under AS 28.35.030(n) was previously imposed within the 08 last 10 years. For purposes of determining minimum sentences based on previous 09 convictions, the provisions of AS 28.35.030(u)(4) apply. Upon conviction, 10 (1) the court shall impose a fine of not less than $10,000, require the 11 person to use an ignition interlock device after the person regains the privilege to 12 operate a motor vehicle for a minimum of 60 months [THROUGHOUT THE 13 PERIOD OF PROBATION], and impose a minimum sentence of imprisonment of not 14 less than 15 (A) 120 days if the person has been previously convicted twice; 16 (B) 240 days if the person has been previously convicted three 17 times; 18 (C) 360 days if the person has been previously convicted four 19 or more times; 20 (2) the court may not 21 (A) suspend execution of the sentence required by (1) of this 22 subsection or grant probation, except on condition that the person 23 (i) serve the minimum imprisonment under (1) of this 24 subsection; [AND] 25 (ii) pay the minimum fine required under (1) of this 26 subsection; [OR] 27 (B) suspend imposition of sentence; or 28 (C) suspend the requirements for an ignition interlock 29 device; 30 (3) the court shall permanently revoke the person's driver's license, 31 privilege to drive, or privilege to obtain a license subject to restoration under (q) of
01 this section; 02 (4) the court may order that the person, while incarcerated or as a 03 condition of probation or parole, take a drug, or combination of drugs [,] intended to 04 prevent consumption of an alcoholic beverage; a condition of probation or parole 05 imposed under this paragraph is in addition to any other condition authorized under 06 another provision of law; 07 (5) the sentence imposed by the court under this subsection shall run 08 consecutively with any other sentence of imprisonment imposed on the person; 09 (6) the court shall order forfeiture under AS 28.35.036, of the motor 10 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 11 remission under AS 28.35.037; and 12 (7) the court shall order the department to revoke the registration for 13 any vehicle registered by the department in the name of the person convicted under 14 this subsection; if a person convicted under this subsection is a registered co-owner of 15 a vehicle, the department shall reissue the vehicle registration and omit the name of 16 the person convicted under this subsection. 17 * Sec. 10. AS 33.05.020(c) is amended to read: 18 (c) The commissioner shall by regulation 19 (1) establish standards for calibration, certification, maintenance, and 20 monitoring of ignition interlock devices required as a condition of probation or as 21 part of a sentence under AS 12.55.102 or another statute; and 22 (2) establish a fee to be paid by the manufacturer for the cost of 23 certifying an ignition interlock device. 24 * Sec. 11. AS 33.05.020(e) is amended to read: 25 (e) The commissioner shall notify the manufacturer of the ignition interlock 26 device when the device is certified. The commissioner may not certify an ignition 27 interlock device unless the device prominently displays a label warning that a person 28 circumventing or tampering with the device violates [IN VIOLATION OF] 29 AS 11.76.140 and may be imprisoned [UP TO 30 DAYS] and fined [UP TO $500]. 30 * Sec. 12. AS 12.55.102(e)(2) and AS 28.35.030(r) are repealed.