Legislature(1995 - 1996)
1996-03-22 House Journal
Full Journal pdf1996-03-22 House Journal Page 3276 HB 462 The following was read the second time: HOUSE BILL NO. 462 An Act relating to the offenses of driving while intoxicated and refusal to submit to a chemical test of breath or blood; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. with the: Journal Page TRA RPT 1DP 4NR 2AM 3057 FISCAL NOTE (COR) 3057 ZERO FISCAL NOTE (2-DPS) 3057 JUD RPT 6DP 3090 FISCAL NOTE (COR) 3/11/96 3091 2 ZERO FISCAL NOTES (2-DPS) 3/11/96 3091 FIN REFERRAL ADDED 3098 FIN REFERRAL WAIVED 3138 Amendment No. 1 was offered by Representative Porter: Page 2, following line 1: Insert a new bill section to read: * Sec. 2. AS 28.35.030(n) is amended to read: (n) A person is guilty of a class C felony if the person is convicted of driving while intoxicated and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS OF (O)(4) OF THIS SECTION APPLY, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß minimum sentences based on previous convictions the provisions of (o)(4) of this section apply. Upon conviction the court (1) shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; 1996-03-22 House Journal Page 3277 HB 462 (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) may not (A) suspend execution of sentence or grant probation except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) shall revoke the persons drivers license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c); (4) may order as a condition of probation or parole that the person take a drug or combination of drugs, intended to prevent the consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; and (5) may also order forfeiture under AS 28.35.036 of the vehicle or aircraft used in the commission of the offense, subject to remission under AS 28.35.037. Page 2, following line 12: Insert a new bill section to read: * Sec. 4. AS 28.35.032(p) is amended to read: (p) A person is guilty of a class C felony if the person is convicted under this section and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS OF AS 28.35.030(O)(4) APPLY, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß minimum sentences based on previous convictions the provisions of AS 28.35.030(o)(4) apply. Upon conviction, (1) the court shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; (B) 240 days if the person has been previously convicted three times; 1996-03-22 House Journal Page 3278 HB 462 (C) 360 days if the person has been previously convicted four or more times; (2) the court may not (A) suspend execution of the sentence required by (1) of this subsection or grant probation, except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) the court shall revoke the persons drivers license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c); (4) the court may order as a condition of probation or parole that the person take a drug or combination of drugs intended to prevent consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; (5) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person; and (6) the court may also order forfeiture under AS 28.35.036, of the vehicle or aircraft used in the commission of the offense, subject to remission under AS 28.35.037. Renumber the following bill sections accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that HB462 am be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that HB 462 am would be in third reading on the March 26, 1996, calendar.