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SB 177: "An Act relating to driving without a license."

00 SENATE BILL NO. 177 01 "An Act relating to driving without a license." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.011(d) is amended to read: 04 (d) Under circumstances not proscribed under AS 28.15.291, violation 05 [VIOLATION] of (b) of this section is an infraction. 06 * Sec. 2. AS 28.15.181(a) is amended to read: 07 (a) Conviction of any of the following offenses is grounds for the immediate 08 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 09 (1) manslaughter or negligent homicide resulting from driving a motor 10 vehicle; 11 (2) a felony in the commission of which a motor vehicle is used; 12 (3) failure to stop and give aid as required by law when a motor 13 vehicle accident results in the death or personal injury of another; 14 (4) perjury or making a false affidavit or statement under oath to the 15 department under a law relating to motor vehicles;

01 (5) operating a motor vehicle or aircraft while under the influence of 02 an alcoholic beverage, inhalant, or controlled substance; 03 (6) reckless driving; 04 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 05 officer; 06 (8) refusal to submit to a chemical test authorized under 07 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 08 commercial motor vehicle, or aircraft while under the influence of an alcoholic 09 beverage, inhalant, or controlled substance, or authorized under AS 28.35.031(g); 10 (9) driving while license, privilege to drive, or privilege to obtain a 11 license [,] canceled, suspended, [OR] revoked, or in violation of a limitation or 12 driving without a license; 13 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 14 vehicle theft in the second degree in violation of AS 11.46.365. 15 * Sec. 3. AS 28.15.291(a) is amended to read: 16 (a) A person commits the crime of driving while license canceled, suspended, 17 revoked, or in violation of a limitation or driving without a license if the person 18 drives 19 (1) a motor vehicle on a highway or vehicular way or area at a time 20 when that person's driver's license, privilege to drive, or privilege to obtain a license 21 has been canceled, suspended, or revoked under circumstances described in 22 AS 28.15.181 or 28.15.182 or a similar law in another jurisdiction; 23 (2) a motor vehicle on a highway or vehicular way or area at a time 24 when that person's driver's license, privilege to drive, or privilege to obtain a license 25 has been canceled, suspended, or revoked under circumstances other than those 26 described in (1) of this subsection; [OR] 27 (3) in violation of a limitation placed on that person's license or 28 privilege to drive in this or another jurisdiction; or 29 (4) without having been issued a driver's license in this or another 30 jurisdiction and the person is not exempt from licensing under AS 28.15.021. 31 * Sec. 4. AS 28.15.291(b) is amended to read:

01 (b) Driving while license canceled, suspended, revoked, or in violation of a 02 limitation or driving without a license is 03 (1) a class A misdemeanor if the person 04 (A) violates (a)(1) or (4) of this section; upon conviction, the 05 court shall impose a minimum sentence of imprisonment of not less than 10 06 days 07 (i) with 10 days suspended if the person has not been 08 previously convicted under (a)(1) or (4) of this section or a similar law 09 of another jurisdiction; or 10 (ii) if the person has been previously convicted under 11 (a)(1) or (4) of this section or a similar law in another jurisdiction; or 12 (B) violates (a)(2) or (3) of this section and the person has been 13 previously convicted under (a) of this section; 14 (2) an infraction if the person violates (a)(2) or (3) of this section. 15 * Sec. 5. AS 28.23.100(b) is amended to read: 16 (b) A transportation network company may not allow a driver to accept trip 17 requests through the transportation network company's digital network if the driver 18 (1) has, in the past three years, 19 (A) been convicted of or forfeited bail for a third or subsequent 20 moving traffic violation; 21 (B) been convicted of 22 (i) driving while license canceled, suspended, revoked, 23 or in violation of a limitation or driving without a license under 24 AS 28.15.291; 25 (ii) failure to stop at the direction of a peace officer 26 under AS 28.35.182; 27 (iii) reckless or negligent driving under AS 28.35.400 28 or 28.35.410; or 29 (iv) a law or ordinance of another jurisdiction having 30 similar elements to an offense listed in (i) - (iii) of this subparagraph; 31 (2) has, in the past seven years, been convicted of

01 (A) any offense that is an unclassified, class A, or class B 02 felony in this or another jurisdiction; or 03 (B) a felony or misdemeanor involving 04 (i) a crime under AS 28.33.030, AS 28.35.030, or 05 28.35.032; 06 (ii) a crime under AS 28.35.050 or 28.35.060; 07 (iii) a crime against a person under AS 11.41; or 08 (iv) a law or ordinance of another jurisdiction having 09 similar elements to an offense listed in (i) - (iii) of this subparagraph; 10 (3) is listed on the United States Department of Justice National Sex 11 Offender Public Website; or 12 (4) is under 21 years of age. 13 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. This Act applies to offenses committed on or after the effective 16 date of this Act.