00                            HOUSE BILL NO. 157                                                                          
01 "An Act relating to an affirmative defense for driving while under the influence."                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 28.35.030 is amended by adding a new subsection to read:                                           
04            (v)  It is an affirmative defense to a prosecution under (a) of this section that                            
05                 (1)  the defendant's operation of the motor vehicle was limited to using                                
06       the vehicle's heater or starting the vehicle to use the vehicle's heater;                                         
07                 (2)  a reasonable person would seek shelter and heat because of the                                     
08       temperature or weather conditions at the time the defendant operated the motor                                    
09       vehicle; and                                                                                                      
10                 (3)  the defendant did not otherwise drive or attempt to drive the motor                                
11       vehicle.                                                                                                          
12    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14       APPLICABILITY. This Act applies to offenses committed on or after the effective                                   
15 date of this Act.