Legislature(1993 - 1994)
1994-05-05 House Journal
Full Journal pdf1994-05-05 House Journal Page 4035 SB 221 The following, which was returned to the Rules Committee from the calendar (page 3676), was read the second time: SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." with the: Journal Page HES RPT 3DP 3NR 3AM 3045 -2 PREVIOUS SEN ZERO FNS (DPS,LAW) 1/26 3046 -2 PREVIOUS SEN ZERO FNS (COURT,DHSS)2/9 3046 -2 PREVIOUS SEN ZERO FNS (ADM) 1/26 3046 JUD RPT 4DP 2NR 3583 -4 PREVIOUS SENATE ZERO FISCAL NOTES 3583 (2-ADM, DPS, LAW) 1/26/94 3583 -2 PREVIOUS SENATE ZERO FISCAL NOTES 3583 (COURT, DHSS) 2/9/94 3583 Amendment No. 1 was offered by Representative Nordlund: Page 2, after line 5: Insert new bill sections to read: "* Sec. 2. AS28.35.030(a) is amended to read: (a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of intoxicating liquor, or any controlled substance; 1994-05-05 House Journal Page 4036 SB 221 (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.08 [0.10] percent or more by weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 liters of the person's breath; or (3) while the person is under the combined influence of intoxicating liquor and a controlled substance. * Sec. 3. AS 28.35.033(a) is amended to read: (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the person's blood or breath at the time alleged shall give rise to the following presumptions: (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's breath, it shall be presumed that the person was not under the influence of intoxicating liquor. (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. (3) [REPEALED (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's breath, it shall be presumed that the person was under the influence of intoxicating liquor." Renumber the following bill section accordingly. 1994-05-05 House Journal Page 4037 SB 221 Representative Nordlund moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. The Speaker stated that the House would recess until 6:00 p.m., and so, the House recessed at 12:24 p.m.