Legislature(2003 - 2004)
2004-04-30 House Journal
Full Journal pdf2004-04-30 House Journal Page 3676 HB 342 The following was read the second time: HOUSE BILL NO. 342 "An Act relating to driving while intoxicated; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NT 3DP 4NR 2880 FN1: ZERO(CRT) 2880 FN2: ZERO(LAW) 2880 FN3: ZERO(DPS) 2880 FN4: INDETERMINATE(ADM) 2880 FN5: INDETERMINATE(COR) 2880 FIN RPT CS(FIN) NT 2DP 3NR 5AM 3573 FN1: ZERO(CRT) 3573 FN2: ZERO(LAW) 3573 FN3: ZERO(DPS) 3573 FN5: INDETERMINATE(COR) 3573 FN6: INDETERMINATE(ADM) 3573 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 342(FIN) "An Act relating to driving while under the influence, to the definition of 'previously convicted,' to alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date." There being no objection, it was so ordered. Representative Gruenberg later declared a conflict of interest. Amendment No. 1 was offered by Representative Croft: 2004-04-30 House Journal Page 3677 Page 5, following line 1: Insert a new bill section to read: "* Sec. 5. AS 28.35.030 is amended by adding a new subsection to read: (s) If a person is convicted under (a) of this section and it is determined by the trier of fact that, as determined by a chemical test taken within four hours after the offense was committed, (1) there was at least 0.16 percent by weight of alcohol in the person's blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters of the person's breath, require the person to use an ignition interlock device as provided in AS 12.55.102 for a minimum of six months after the person regains the privilege, including any limited privilege, to operate a motor vehicle; (2) there was 0.24 percent or more by weight of alcohol in the person's blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there was 0.24 grams or more of alcohol per 210 liters of the person's breath, require the person to use an ignition interlock device as provided in AS 12.55.102 for a minimum of one year after the person regains the privilege, including any limited privilege, to operate a motor vehicle." Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Gatto: 2004-04-30 House Journal Page 3678 Page 3, line 1: Delete "or 28.35.032 [AND NOT FOR A VIOLATION OF AS 28.35.032]" Insert "and not for a violation of AS 28.35.032" Representative Gatto moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Chenault: Page 3, line 8, following ";": Insert "or" Page 3, line 11, following "license": Delete "; or (iii) the person lives in a community not connected by road to Anchorage and the license is limited to operation on roads not on a road system connected to Anchorage or Fairbanks; in this sub- subparagraph "road" or "road system" does not include a connection to the Alaska marine highway system" Representative Chenault moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Williams objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representatives Croft and Lynn: 2004-04-30 House Journal Page 3679 Page 4, following line 13: Insert a new bill section to read: "* Sec 4. AS 28.35.030 (n) is amended to read: (n) A person is guilty of a class C felony if the person is convicted under (a) of this section and has been previously convicted two or more times [SINCE JANUARY 1, 1996, AND WITHIN THE 10 YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE]. For purposes of determining minimum sentences based on previous convictions, the provisions of (r)(4) of this section apply. Upon conviction, the court (1) shall impose a fine of not less than $10,000 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; (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 permanently revoke the person's driver's license, privilege to drive, or privilege to obtain a license subject to restoration of the license under (o) of this section; (4) may order that the person, while incarcerated or as a condition of probation or parole, take a drug or combination of drugs, intended to prevent the consumption of an alcoholic beverage; a condition of probation or parole imposed under this paragraph is in addition to any other condition authorized under another provision of law; (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, or aircraft used in the commission of the offense, subject to remission under AS 28.35.037; and (6) shall order the department to revoke the registration for any vehicle registered by the department in the name of the person convicted under this subsection; if a person convicted under this subsection is a registered co-owner of a vehicle or is 2004-04-30 House Journal Page 3680 registered as a co-owner under a business name, the department shall reissue the vehicle registration and omit the name of the person convicted under this subsection." Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 342(FIN) am Second Reading Amendment No. 4 YEAS: 16 NAYS: 21 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Crawford, Croft, Dahlstrom, Gara, Guttenberg, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Stoltze, Weyhrauch Nays: Anderson, Chenault, Coghill, Fate, Foster, Gatto, Gruenberg, Hawker, Holm, Kohring, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton, Stepovich, Williams, Wilson, Wolf Excused: Cissna Absent: Harris, Ogg And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Croft, Kerttula, Gara, and Lynn: Page 4, line 16, following "offense": Insert "or at any time if the person has two or more prior convictions" 2004-04-30 House Journal Page 3681 Representative Kerttula moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Rokeberg objected. **Representative Weyhrauch, who had previously been excused (page 3646), left the Chamber. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 342(FIN) am Second Reading Amendment No. 5 YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kookesh, Lynn, Meyer, Moses, Ogg, Samuels, Stoltze Nays: Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze, Holm, Kohring, Kott, Masek, McGuire, Morgan, Rokeberg, Seaton, Stepovich, Williams, Wilson, Wolf Excused: Cissna, Weyhrauch And so, Amendment No. 5 was not adopted. Representative Coghill moved and asked unanimous consent that CSHB 342(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 342(FIN) am will advance to third reading on tomorrow's calendar.