CSHB 4(FIN)
CS FOR HOUSE BILL NO. 4(FIN)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY THE HOUSE FINANCE COMMITTEE
Offered: 4/28/01
Referred: Rules
Sponsor(s): REPRESENTATIVE ROKEBERG
A BILL
FOR AN ACT ENTITLED
"An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or
watercraft; and providing for an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section
to read:
FINDINGS AND INTENT. (a) The legislature finds that
(1) driving on state highways is a privilege granted to citizens;
(2) in order to keep the privilege of driving on state highways, a citizen must
follow state laws regarding safe driving;
(3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were
alcohol-related;
(4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were
alcohol-related;
(5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine
percent;
(6) Alaska ranks in the top 15 states in terms of alcohol-related traffic
fatalities;
(7) habitual offenders do most of the harm.
(b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents
and fatalities.
* Sec. 2. AS 09.60.070
(c)(14) is amended to read:
(14) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] or another crime resulting from
the operation of a motor vehicle, boat, or airplane when the offender is under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED];
* Sec. 3. AS 12.25.033
is amended to read:
Sec. 12.25.033. Arrest without warrant for operating vehicle while under
the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. A peace officer may arrest a person without a warrant, whether
or not the offense is committed in the presence of the officer, when the officer has
probable cause to believe that the person to be arrested has committed the crime of
operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030
or a
similar city or borough ordinance, if the violation is alleged to have occurred less than
eight hours before the time of arrest.
* Sec. 4. AS 12.55.125
(c) is amended to read:
(c) A defendant convicted of a class A felony may be sentenced to a definite
term of imprisonment of not more than 20 years, and shall be sentenced to the
following presumptive terms, subject to adjustment as provided in AS 12.55.155
-
12.55.175:
(1) if the offense is a first felony conviction and does not involve
circumstances described in (2) of this subsection, five years;
(2) if the offense is a first felony conviction
(A) other than for manslaughter and the defendant possessed a
firearm, used a dangerous instrument, or caused serious physical injury during
the commission of the offense, or knowingly directed the conduct constituting
the offense at a uniformed or otherwise clearly identified peace officer, fire
fighter, correctional employee, emergency medical technician, paramedic,
ambulance attendant, or other emergency responder who was engaged in the
performance of official duties at the time of the offense, seven years;
(B) for manslaughter and the conduct resulting in the
conviction was knowingly directed towards a child under the age of 16, seven
years;
(C) for manslaughter and the conduct resulting in the
conviction involved driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance, seven years;
(3) if the offense is a second felony conviction, 10 years;
(4) if the offense is a third felony conviction and the defendant is not
subject to sentencing under (l) of this section, 15 years.
* Sec. 5. AS 18.67.101
is amended to read:
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The
board may order the payment of compensation in accordance with the provisions of
this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police
officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the
applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm; or
(J) driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] or another
crime resulting from the operation of a motor vehicle, boat, or airplane when
the offender is under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED].
* Sec. 6. AS 28.10.041
is amended by adding a new subsection to read:
(d) The department shall refuse to register a vehicle if the applicant fails to
register the vehicle using the applicant's first, middle, and last name or a business
name.
* Sec. 7. AS 28.10
is amended by adding a new section to read:
Sec. 28.10.453. Seizure of registration plates resulting from chemical
sobriety tests and refusals to submit to tests. (a) If a law enforcement officer seizes
a driver's license under AS 28.15.165
, the officer shall also seize the registration plates
for the motor vehicle the person was operating and shall deliver the registration plates
to the department if the person is a registered owner or co-owner of the vehicle.
(b) The law enforcement officer who seizes registration plates under this
section shall
(1) issue a temporary permit in a distinctive color under which the
vehicle may be operated that expires seven days after it is delivered to the person; and
(2) give the person written notice that, unless the person, within seven
days, requests an administrative review under AS 28.15.166
, the department shall
suspend the registration for the motor vehicle and retain possession of the motor
vehicle registration plates as provided under (d) of this section.
(c) Unless the person has obtained a stay of a departmental action under
AS 28.15.166
, if the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2) or the
person refused to submit to a chemical test authorized under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g), the department shall revoke the registration for the motor
vehicle. The department's action takes effect seven days after delivery to the person of
the notice required under (b) of this section, and after receipt of a sworn report of a
law enforcement officer as described under AS 28.15.165
(c).
(d) The period of revocation of a motor vehicle registration under this section
shall be for the appropriate minimum period for driver's license revocations under
AS 28.15.181
(c) or court disqualifications under AS 28.33.140
. A department hearing
officer may grant limited motor vehicle registration privileges to a person whose
motor vehicle registration was revoked under this section in accordance with the
standards set out in AS 28.15.201
for granting limited driver's license privileges.
(e) The department shall allow a person who is an owner or co-owner of a
motor vehicle and who is not the person who was operating the motor vehicle when
the registration plates were seized under (a) of this section to register the motor
vehicle without the name of the person who was operating the vehicle when the
registration plates were seized under (a) of this section. If a person registers a motor
vehicle under this subsection, the department shall reissue the registration plates
seized under (a) of this section.
* Sec. 8. AS 28.15.046
(d) is amended to read:
(d) The department may not issue a license to an applicant who has been
convicted of driving while under the influence of an alcoholic beverage, inhalant,
or controlled substance [INTOXICATED] under AS 28.35.030
within two years of
the time of application or to an applicant who has two or more convictions for driving
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] within 10 years of the time of application.
* Sec. 9. AS 28.15.081
(a) is amended to read:
(a) The department shall examine every applicant for a driver's license. The
examination must include a test of the applicant's (1) eyesight, (2) ability to read and
understand official traffic control devices, (3) knowledge of safe driving practices, (4)
knowledge of the effects of alcohol and drugs on drivers and the dangers of driving
under the influence of alcohol or drugs, (5) knowledge of the laws on driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED], (6) knowledge of the laws on financial responsibility and
mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and
regulations of the state. The examination may include a demonstration of ability to
exercise ordinary and reasonable control in the driving of a motor vehicle of the type
and general class of vehicles for which the applicant seeks a license. However, an
applicant who has not been previously issued a driver's license by this or another
jurisdiction shall demonstrate ability and shall present medical information that the
department reasonably requires to determine fitness to safely drive a motor vehicle of
the type and general class of vehicles for which the applicant seeks a license.
* Sec. 10. AS 28.15.165
(c) is amended to read:
(c) Unless the person has obtained a temporary permit or stay of a
departmental action under AS 28.15.166
, if the chemical test administered under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) produced a result described in
AS 28.35.030
(a)(2) or the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g), the department shall revoke the person's
license, privilege to drive, or privilege to obtain a license, shall refuse to issue an
original license, and, if the chemical test administered under AS 28.33.031
(a)
produced a result described in AS 28.33.030
(a)(2) or the person refused to submit to a
chemical test authorized under AS 28.33.031
(a), shall disqualify the person. The
department's action takes effect seven days after delivery to the person of the notice
required under (a) of this section, and after receipt of a sworn report of a law
enforcement officer
(1) that a chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2), that a
chemical test administered under AS 28.33.031
(a) produced a result described in
AS 28.33.030
(a)(2), or that a person refused to submit to a chemical test authorized
under AS 28.33.031
(a) or AS 28.35.031
(a) or (g);
(2) that notice under (a) of this section was provided to the person; and
(3) describing the
(A) circumstances surrounding the arrest and the grounds for
the officer's belief that the person operated a motor vehicle, commercial motor
vehicle, or aircraft while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
; or
(B) grounds for the officer's belief that the person operated a
motor vehicle or commercial motor vehicle that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 11. AS 28.15.166
(a) is amended to read:
(a) A person who has received a notice under AS 28.10.453
(b) or
AS 28.15.165
(a) may make a written request (1) for administrative review of the
department's action under AS 28.10.453
(c) or AS 28.15.165
(c); or for (2) limited
motor vehicle registration privileges under AS 28.10.453
(d) or for limited license
privileges under AS 28.15.165
(d). If the person's driver's license has not been
previously surrendered to the department, it shall be surrendered to the department at
the time the request for review is made.
* Sec. 12. AS 28.15.166
(b) is amended to read:
(b) A request for review of the department's action under AS 28.10.453
or
AS 28.15.165
shall be made within seven days after receipt of the notice under
AS 28.10.453
or AS 28.15.165
, or the right to review is waived and the action of the
department under AS 28.10.453
(c) or AS 28.15.165
(c) is final. If a written request for
a review is made after expiration of the seven-day period, and if it is accompanied by
the applicant's verified statement explaining the failure to make a timely request for a
review, the department shall receive and consider the request. If the department finds
that the person was unable to make a timely request because of lack of actual notice of
the department's action or because of factors of physical incapacity such as
hospitalization or incarceration, the department shall waive the period of limitation,
reopen the matter, and grant the review request. An initial request for limited license
privileges may be made at any time. Subsequent requests for limited license
privileges may not be made unless the applicant demonstrates a significant change in
circumstances.
* Sec. 13. AS 28.15.166
(c) is amended to read:
(c) Upon receipt of a request for review, if it appears that the person holds a
valid driver's license or motor vehicle registration plates and that the driver's license
or motor vehicle registration plates have [HAS] been surrendered, the department
shall issue a temporary driver's permit or motor vehicle registration that is valid until
the scheduled date for the review. A person who has requested a review under this
section may request, and the department may grant for good cause, a delay in the date
of the hearing. If necessary, the department may issue additional temporary permits to
stay the effective date of its action under AS 28.15.165
(c) until the final order after the
review is issued.
* Sec. 14. AS 28.15.166
(g) is amended to read:
(g) The hearing for review of action by the department under AS 28.15.165
shall be limited to the issues of whether the law enforcement officer had probable
cause [REASONABLE GROUNDS] to believe that the person was operating a motor
vehicle or commercial motor vehicle that was involved in an accident causing death or
serious physical injury to another, or that the person was operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
and whether
(1) the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) after being advised that refusal would
result in disqualification or the suspension, revocation, or denial of the person's
license, privilege to drive, or privilege to obtain a license, and that the refusal is a
misdemeanor;
(2) the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2); or
(3) the chemical test administered under AS 28.33.031
(a) produced a
result described in AS 28.33.030
(a)(2).
* Sec. 15. AS 28.15.181
(a) is amended to read:
(a) Conviction of any of the following offenses is grounds for the immediate
revocation of a driver's license, privilege to drive, or privilege to obtain a license:
(1) manslaughter or negligent homicide resulting from driving a motor
vehicle;
(2) a felony in the commission of which a motor vehicle is used;
(3) failure to stop and give aid as required by law when a motor
vehicle accident results in the death or personal injury of another;
(4) perjury or making a false affidavit or statement under oath to the
department under a law relating to motor vehicles;
(5) operating a motor vehicle or aircraft while under the influence of
an alcoholic beverage, inhalant, or controlled substance [INTOXICATED];
(6) reckless driving;
(7) using a motor vehicle in unlawful flight to avoid arrest by a peace
officer;
(8) refusal to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) while under arrest for operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], or authorized under
AS 28.35.031
(g);
(9) driving while license, privilege to drive, or privilege to obtain a
license, canceled, suspended, or revoked, or in violation of a limitation;
(10) vehicle theft in the first degree in violation of AS 11.46.360
or
vehicle theft in the second degree in violation of AS 11.46.365
.
* Sec. 16. AS 28.15.181
(c) is amended to read:
(c) A court convicting a person of an offense described in (a)(5) or (8) of this
section arising out of the operation of a motor vehicle, commercial motor vehicle, or
aircraft shall revoke that person's driver's license, privilege to drive, or privilege to
obtain a license. The revocation may be concurrent with or consecutive to an
administrative revocation under AS 28.15.165
. The court may not, except as provided
in AS 28.15.201
, grant limited license privileges during the minimum period of
revocation. Except as provided under AS 28.35.030
(n)(3) and 28.35.032(p)(3), the
[THE] minimum periods of revocation are [:]
(1) not less than 90 days if the person has not been previously
convicted;
(2) not less than one year if the person has been previously convicted
once;
(3) not less than 3 years if the person has been previously convicted
twice;
(4) not less than 5 years if the person has been previously convicted
more than twice.
* Sec. 17. AS 28.15.191
(a) is amended to read:
(a) A court that convicts a person of an offense under this title or a regulation
adopted under this title, or another law or regulation of this state, or a municipal
ordinance that regulates the driving of vehicles, shall forward a record of the
conviction to the department within five working days. A conviction of a standing or
parking offense need not be reported.
* Sec. 18. AS 28.15.201
(d) is amended to read:
(d) A court revoking a driver's license, privilege to drive, or privilege to obtain
a license under AS 28.15.181
(c), or the department when revoking a driver's license,
privilege to drive, or privilege to obtain a license under AS 28.15.165
(c), may grant
limited license privileges for the final 60 days during which the license is revoked if
(1) the revocation was for a violation of AS 28.15.181
(a)(5) and not
for a violation of AS 28.15.181
(a)(8);
(2) the person has not been previously convicted; in this paragraph,
"previously convicted" has the meaning given in AS 28.35.030
and also includes
convictions based on laws presuming that the person was under the influence of
intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the
person's blood;
(3) the court or the department determines that the person's ability to
earn a livelihood would be severely impaired without a limited license;
(4) the court or the department determines that a limitation under (a) of
this section can be placed on the license that will enable the person to earn a livelihood
without excessive danger to the public; and
(5) the court or the department determines that the person has met [IS
ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS SUCCESSFULLY
COMPLETED, AN] alcoholism screening, evaluation, referral, and [EDUCATION
AND REHABILITATION TREATMENT] program requirements of the
Department of Health and Social Services under AS 28.35.030
(h).
* Sec. 19. AS 28.15.211
(d) is amended to read:
(d) At the end of a period of revocation or limitation following a revocation, a
person whose driver's license has been revoked may apply to the department for the
issuance of a new license, but shall submit to reexamination, pay all required fees
including a reinstatement fee, and, if the license was revoked under
AS 28.15.181
(a)(5) or (8), submit proof to the court or the department that the
person has met the alcoholism screening, evaluation, referral, and program
requirements of the Department of Health and Social Services under
AS 28.35.030
(h) [OF
(1) ENROLLMENT IN AND COMPLIANCE WITH OR
COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION
TREATMENT PROGRAM APPROVED UNDER AS 47.37
IF THE PERSON WAS
SENTENCED UNDER AS 28.15.181
(c)(1); OR
(2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM
EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED
UNDER AS 47.37
IF THE PERSON WAS CONVICTED UNDER
AS 28.15.181
(c)(2) - (4)].
* Sec. 20. AS 28.15.271
(b) is amended to read:
(b) In addition to the fees under (a) of this section,
(1) a person who renews a driver's license by mail shall pay a fee of
$1;
(2) a person who applies for a limited driver's license under
AS 28.15.201
shall pay a fee of $100; and
(3) a person who applies for reinstatement of a driver's license under
AS 28.15.211
shall pay a fee of
(A) $100 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (C) of this paragraph, only
once; [OR]
(B) $250 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (D) of this paragraph, two
or more times;
(C) $200 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 only once; or
(D) $500 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 two or more times.
* Sec. 21. AS 28.15.281
(b) is amended to read:
(b) A person may not authorize or knowingly permit a motor vehicle owned
by the person or under the control of the person to be driven in this state by a person
who is not validly licensed. This subsection does not apply to a victim of domestic
violence who authorizes or permits a motor vehicle to be driven due to fear of the
perpetrator of the domestic violence. In this subsection, "domestic violence" has
the meaning given in AS 18.66.990
.
* Sec. 22. AS 28.33.030
is amended to read:
Sec. 28.33.030. Operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. (a) A person commits the crime of operating a commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] if the person operates a commercial motor
vehicle
(1) while under the influence of an alcoholic beverage, inhalant,
[INTOXICATING LIQUOR] or any controlled substance;
(2) when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is 0.04 percent or more by weight of
alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of
blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's
breath; or
(3) while under the combined influence of an alcoholic beverage,
inhalant, [INTOXICATING LIQUOR] and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class
A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in
accordance with the minimum periods of imprisonment, fines, rehabilitative treatment,
and other provisions of AS 28.35.030
, as if the person had been convicted of a
violation of AS 28.35.030
. For purposes of sentencing, convictions for operating a
commercial motor vehicle while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under this section, and for
refusal to submit to a chemical test under AS 28.33.032
, if arising out of a single
transaction, are considered one previous conviction.
* Sec. 23. AS 28.33.031
(a) is amended to read:
(a) A person who operates a commercial motor vehicle in this state is
considered to have given consent to a chemical test or tests
(1) of the person's breath if lawfully arrested for an offense arising out
of acts alleged to have been committed when the person was operating the commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED]; the test or tests may be administered at the
direction of a law enforcement officer who has probable cause [REASONABLE
GROUNDS] to believe that the person was operating a commercial motor vehicle
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] in violation of AS 28.33.030
or AS 28.35.030
;
(2) of the person's breath and blood for the purpose of determining the
alcoholic content of the person's breath and blood and is considered to have given
consent to a chemical test or tests of the person's blood and urine for the purpose of
determining the presence of controlled substances in the person's blood and urine if
the person is involved in a motor vehicle accident that causes death or serious physical
injury to another person; the test or tests may be administered at the direction of a law
enforcement officer who has probable cause [REASONABLE GROUNDS] to
believe that the person was operating a commercial motor vehicle that was involved in
an accident causing death or serious physical injury to another person.
* Sec. 24. AS 28.33.031
(c) is amended to read:
(c) A person who operates a commercial motor vehicle is considered to have
given consent to a preliminary breath test, at the direction of a law enforcement
officer, for the purpose of determining the alcoholic content of the person's blood or
breath. A law enforcement officer may administer a preliminary breath test if the
officer has probable cause [REASONABLE GROUNDS] to believe that the person's
ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic
beverages and that
(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of AS 28.33.130
(a) or violated
the terms of an out-of-service order issued under AS 28.33.130
; or
(3) the person unlawfully operated a commercial motor vehicle; in this
paragraph, "unlawfully" means in violation of any federal, state, or municipal statute,
regulation, or ordinance.
* Sec. 25. AS 28.33.033
(a) is amended to read:
(a) Upon the trial of a civil or criminal action or proceedings arising out of
acts alleged to have been committed by a person operating a commercial motor
vehicle while under the influence of an alcoholic beverage [INTOXICATED] in
violation of AS 28.33.030
, the following rules apply with regard to the amount of
alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the
person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's
blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact
does not give rise to a presumption that the person was or was not under the influence
of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be
considered with other competent evidence in determining whether the person was
under the influence of an alcoholic beverage [INTOXICATING LIQUOR];
(2) if there was 0.04 percent or more by weight of alcohol in the
person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's
blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is
presumed that the person was under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 26. AS 28.33.033
(c) is amended to read:
(c) The provisions of (a) of this section may not be construed to limit the
introduction of any other competent evidence bearing upon the question of whether
the person was or was not under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 27. AS 28.33.140
(a) is amended to read:
(a) In addition to the court action provided in AS 28.15.181
, conviction of any
of the following offenses is grounds for immediate disqualification from driving a
commercial motor vehicle for the periods set out in this section:
(1) operating a commercial motor vehicle while under the influence
of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.33.030
;
(2) refusal to submit to a chemical test in violation of AS 28.35.032
;
(3) operating a motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.35.030
;
(4) leaving the scene of an accident in violation of AS 28.35.060
, or
failing to file, or providing false information in, an accident report in violation of
AS 28.35.110
;
(5) a felony under state or federal law, which was facilitated because
the person used a commercial motor vehicle;
(6) a serious traffic violation; or
(7) driving after being placed out of service in violation of regulations
adopted under AS 28.05.011
.
* Sec. 28. AS 28.35.030
(a) is amended to read:
(a) A person commits the crime of driving while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the
person operates or drives a motor vehicle or operates an aircraft or a watercraft
(1) while under the influence of an alcoholic beverage, intoxicating
liquor, inhalant, or any controlled substance;
(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 an alcoholic
beverage, an intoxicating liquor, an inhalant, and a controlled substance.
* Sec. 29. AS 28.35.030
(b) is amended to read:
(b) Except as provided under (n) of this section, driving while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] is a class A misdemeanor. Except as provided under (r) of this
section, upon [UPON] conviction,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (n) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (n) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (n) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (n) of this section;
(2) the court 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;
(B) suspend imposition of sentence;
(3) the court shall revoke the person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense to be forfeited under AS 28.35.036
;
(4) the court shall, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or shall order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
.
* Sec. 30. AS 28.35.030
(d) is amended to read:
(d) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(h) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRESENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 31. AS 28.35.030
(h) is amended to read:
(h) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (n) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 32. AS 28.35.030
(k) is amended to read:
(k) Imprisonment required under (b)(1)(A) or (B) of this section shall be
served at a community residential center or, if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (b)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (b)(1)(A) of this section shall perform at least 24
hours of community service work, and a person sentenced under (b)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 33. 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 [OF DRIVING WHILE INTOXICATED] and has been previously
convicted two or more times since January 1, 1996, and within the 10 [FIVE] years
preceding the date of the present offense. For purposes of determining minimum
sentences based on previous convictions, the provisions of (o)(4) of this section apply.
Except as provided under (r) of this section, upon [UPON] conviction, the court
(1) shall impose a fine of not less than $10,000 [$5,000] and a
minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 (p)
of this section [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) shall [MAY] also 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 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.
* Sec. 34. AS 28.35.030
(o) is amended to read:
(o) In this section,
(1) "inhalant" has the meaning given to the phrase "hazardous
volatile material or substance" in AS 47.37.270
; [REPEALED]
(2) "operate an aircraft" means to [USE,] navigate, pilot, or taxi an
aircraft in the airspace over this state, or upon the land or water inside this state;
(3) "operate a watercraft" means to navigate [OR USE] a vessel used
or capable of being used as a means of transportation on water for recreational or
commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial
limits or under the jurisdiction of the state;
(4) "previously convicted" means having been convicted in this or
another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE
PRESENT OFFENSE,] of any of the following offenses; however, convictions for any
of these offenses, if arising out of a single transaction and a single arrest, are
considered one previous conviction:
(A) operating a motor vehicle, aircraft, or watercraft while
under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED,] in violation of this section or in violation of
another law or ordinance with similar elements, except that the other law or
ordinance may provide for a lower level of alcohol in the person's blood or
breath than imposed under (a)(2) of this section;
(B) refusal to submit to a chemical test in violation of
AS 28.35.032
or in violation of another law or ordinance with similar
elements; or
(C) operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] in violation of AS 28.33.030
or in violation of another law
or ordinance with similar elements, except that the other law or ordinance may
provide for a lower level of alcohol in the person's blood or breath than
imposed under AS 28.33.030
(a)(2).
* Sec. 35. AS 28.35.030
is amended by adding new subsections to read:
(p) Upon request, the department shall review a driver's license revocation
imposed under (n)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(q) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(r) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(b)(1) or (n)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fines required under (b)(1) or
(n)(1) of this section.
(s) For purposes of this section, the director of the division within the
department responsible for administration of this section or a person designated by the
director may request and receive criminal justice information available under
AS 12.62. In this subsection, "criminal justice information" has the meaning given in
AS 12.62.900
.
* Sec. 36. AS 28.35.031
(a) is amended to read:
(a) A person who operates or drives a motor vehicle in this state or who
operates an aircraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(2)] or who
operates a watercraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(3)] shall be
considered to have given consent to a chemical test or tests of the person's breath for
the purpose of determining the alcoholic content of the person's blood or breath if
lawfully arrested for an offense arising out of acts alleged to have been committed
while the person was operating or driving a motor vehicle or operating an aircraft or a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280
for the offense of minor operating a vehicle after consuming alcohol. The test or tests
shall be administered at the direction of a law enforcement officer who has probable
cause [REASONABLE GROUNDS] to believe that the person was operating or
driving a motor vehicle or operating an aircraft or a watercraft in this state while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] or that the person was a minor operating a vehicle after consuming
alcohol.
* Sec. 37. AS 28.35.031
(b) is amended to read:
(b) A person who operates or drives a motor vehicle in this state or who
operates an aircraft or watercraft shall be considered to have given consent to a
preliminary breath test for the purpose of determining the alcoholic content of the
person's blood or breath. A law enforcement officer may administer a preliminary
breath test at the scene of the incident if the officer has probable cause
[REASONABLE GROUNDS] to believe that a person's ability to operate a motor
vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and
that the person
(1) was operating or driving a motor vehicle, aircraft, or watercraft that
is involved in an accident;
(2) committed a moving traffic violation or unlawfully operated an
aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any
federal, state, or municipal statute, regulation, or ordinance, except for violations that
do not provide reason to believe that the operator's ability to operate the aircraft or
watercraft was impaired by the ingestion of alcoholic beverages; or
(3) was operating or driving a motor vehicle in violation of
AS 28.35.029
(a).
* Sec. 38. AS 28.35.031
(g) is amended to read:
(g) A person who operates or drives a motor vehicle in this state shall be
considered to have given consent to a chemical test or tests of the person's breath and
blood for the purpose of determining the alcoholic content of the person's breath and
blood and shall be considered to have given consent to a chemical test or tests of the
person's blood and urine for the purpose of determining the presence of controlled
substances in the person's blood and urine if the person is involved in a motor vehicle
accident that causes death or serious physical injury to another person. The test or
tests may be administered at the direction of a law enforcement officer who has
probable cause [REASONABLE GROUNDS] to believe that the person was
operating or driving a motor vehicle in this state that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 39. AS 28.35.031
is amended by adding a new subsection to read:
(h) Nothing in this section shall be construed to restrict searches or seizures
under a warrant issued by a judicial officer, in addition to a test permitted under this
section.
* Sec. 40. AS 28.35.032
(a) is amended to read:
(a) If a person under arrest for operating a motor vehicle or aircraft while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(1) or AS 28.35.031
(a), or if a person
involved in a motor vehicle accident that causes death or serious physical injury to
another person refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(2) or AS 28.35.031
(g), after being
advised by the officer that the refusal will result in the denial or revocation of the
driver's license, privilege to drive, or privilege to obtain a license, that the refusal may
be used against the person in a civil or criminal action or proceeding arising out of an
act alleged to have been committed by the person while operating a motor vehicle or
aircraft while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that the refusal is a crime, a chemical test may not
be given, except as provided by AS 28.35.035
. If a person under arrest for operating a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] refuses the request of a law enforcement
officer to submit to a chemical test authorized under AS 28.35.031
(a), after being
advised by the officer that the refusal may be used against the person in a civil or
criminal action or proceeding arising out of an act alleged to have been committed by
the person while operating a watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal
is a crime, a chemical test may not be given, except as provided by AS 28.35.035
.
* Sec. 41. AS 28.35.032
(e) is amended to read:
(e) The refusal of a person to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) is admissible evidence in a civil or criminal
action or proceeding arising out of an act alleged to have been committed by the
person while operating or driving a motor vehicle or operating an aircraft or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED].
* Sec. 42. AS 28.35.032
(g) is amended to read:
(g) Except as provided under (t) of this section, upon [UPON] conviction
under this section,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (p) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (p) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (p) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (p) of this section;
(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 person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense be forfeited under AS 28.35.036
; [AND]
(4) the court shall, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or shall order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
;
(5) the sentence imposed by the court under this subsection shall run
consecutively with any other sentence of imprisonment imposed on the person.
* Sec. 43. AS 28.35.032
(h) is amended to read:
(h) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(l) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRE-SENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 44. AS 28.35.032
(j) is amended to read:
(j) For purposes of this section, convictions for operating or driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] under AS 28.33.030
or AS 28.35.030
and for refusal to submit to a
chemical test under this section, if arising out of a single transaction and a single
arrest, are considered one previous conviction.
* Sec. 45. AS 28.35.032
(l) is amended to read:
(l) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (p) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 46. AS 28.35.032
(o) is amended to read:
(o) Imprisonment required under (g)(1)(A) or (B) of this section shall be
served at a community residential center, or if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (g)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (g)(1)(A) of this section shall perform at least 24
hours of community service work and a person sentenced under (g)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 47. 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 since January 1, 1996,
and within the 10 [FIVE] years preceding the date of the present offense. For
purposes of determining minimum sentences based on previous convictions, the
provisions of AS 28.35.030
(o)(4) apply. Except as provided under (t) of this
section, upon [UPON] conviction,
(1) the court shall impose a fine of not less than $10,000 [$5,000] and
a minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 permanently revoke the person's driver's license,
privilege to drive, or privilege to obtain a license subject to restoration under (r) of
this section [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 shall [MAY] also order forfeiture under AS 28.35.036
, of
the motor vehicle, [OR] aircraft, or watercraft used in the commission of the offense,
subject to remission under AS 28.35.037
; and
(7) 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, the department shall reissue the vehicle registration and omit
the name of the person convicted under this subsection.
* Sec. 48. AS 28.35.032
is amended by adding new subsections to read:
(r) Upon request, the department shall review a driver's license revocation
imposed under (p)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(s) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(t) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(g)(1) or (p)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fine required under (g)(1) and
(p)(1) of this section.
* Sec. 49. 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 under the influence of an alcoholic
beverage, inhalant, or controlled substance [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 an
alcoholic beverage [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 an alcoholic beverage [INTOXICATING
LIQUOR], but that fact may be considered with other competent evidence in
determining whether the person was under the influence of an alcoholic beverage
[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 an alcoholic
beverage [INTOXICATING LIQUOR].
* Sec. 50. AS 28.35.033
(e) is amended to read:
(e) The person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of the person's own choosing administer a
chemical test in addition to the test administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a person does not
preclude the admission of evidence relating to the test taken at the direction of a law
enforcement officer; the fact that the person under arrest sought to obtain such an
additional test, and failed or was unable so to do, is likewise admissible in evidence.
The person who administers the chemical test shall clearly and expressly inform
the person tested of that person's right to an independent test described under
this subsection, and, if the person being tested requests an independent test, the
department shall make reasonable and good-faith efforts to assist the person
being tested in contacting a person qualified to perform an independent chemical
test of the person's breath or blood.
* Sec. 51. AS 28.35.035
(a) is amended to read:
(a) If a person is under arrest for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle, aircraft, or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that arrest results from an accident that causes
death or physical injury to another person, a chemical test may be administered
without the consent of the person arrested to determine the amount of alcohol in that
person's breath or blood or to determine the presence of controlled substances in that
person's blood and urine.
* Sec. 52. AS 28.35.036
(a) is amended to read:
(a) After conviction of an offense under AS 28.35.030
or 28.35.032, the court
[STATE] may [MOVE THE COURT TO] order the forfeiture of the motor vehicle,
[OR] aircraft, or watercraft involved in the commission of the offense and shall
order forfeiture of the motor vehicle, aircraft, or watercraft if the convicted
person has been previously convicted twice in this or another jurisdiction [OF MORE
THAN ONE OF THE FOLLOWING OFFENSES] or has [MORE THAN ONCE]
been previously convicted twice of one of the following offenses:
(1) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under AS 28.35.030
or another
law or ordinance with substantially similar elements; or
(2) refusal to submit to a chemical test under AS 28.35.032
or another
law or ordinance with substantially similar elements.
* Sec. 53. AS 28.35.036
(e) is amended to read:
(e) If not released under AS 28.35.037
, a motor vehicle, aircraft, or
watercraft forfeited under this section may be disposed of at the discretion of the
Department of Public Safety. Disposal under this subsection includes, by way of
example and not of limitation,
(1) sale, as a unit or in parts, including sale at an auction, and the
proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of
Administration; or
(4) being destroyed.
* Sec. 54. AS 28.35.038
is amended to read:
Sec. 28.35.038. Municipal impoundment and forfeiture. Notwithstanding
other provisions in this title, a municipality may adopt an ordinance providing for the
impoundment or forfeiture of a motor vehicle [,] or aircraft [,] involved in the
commission of an offense under AS 28.35.030
, 28.35.032, or an ordinance with
elements substantially similar to AS 28.35.030
or 28.35.032. An ordinance adopted
under this section may include a fee for the administrative costs incurred by the
municipality and is not required to be consistent with this title or regulations adopted
under this title.
* Sec. 55. AS 28.35.039
(2) is amended to read:
(2) "alcohol safety action program" means a program for alcohol and
substance abuse screening, referral, and monitoring developed and implemented
or approved by the Department of Health and Social Services under AS 47.37
[DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL
SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM].
* Sec. 56. AS 47.37.040
(14) is amended to read:
(14) cooperate with the Department of Public Safety and the
Department of Transportation and Public Facilities in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and
approve alcohol information courses required to be taken by drivers under AS 28.15
or
made available to drivers to reduce points assessed for violation of traffic laws;
* Sec. 57. AS 47.37.040
is amended by adding a new paragraph to read:
(20) develop and implement, or designate, in cooperation with other
state or local agencies, an alcohol safety action program that provides alcohol and
substance abuse screening, referral, and monitoring services to persons who have been
referred by a court in connection with a charge or conviction of a misdemeanor
involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled
substance, or referred by an agency of the state with the responsibility for
administering motor vehicle laws in connection with a driver's license action involving
the use of alcohol or a controlled substance.
* Sec. 58. AS 47.37.130
(b) is amended to read:
(b) The program of the division must include
(1) emergency treatment provided by a facility affiliated with or part of
the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment; [AND]
(4) outpatient and follow-up treatment; and
(5) standards for alcohol safety action programs; the standards
may vary in their requirements and stringency according to the population, price
level, remoteness, access to transportation, and availability of ancillary services of
the area to be served; a program must meet the applicable standards before it is
approved by the division as an alcohol safety action program; the standards
required under this paragraph shall be established in a manner that provides
protection of the health, safety, and well-being of clients of the affected programs
and protection for the affected programs from exposure to malpractice and
liability actions.
* Sec. 59. AS 47.37.130
is amended by adding new subsections to read:
(h) The division shall
(1) inspect, on a regular basis, approved public and private alcohol
safety action programs at reasonable times and in a reasonable manner; and
(2) maintain a list of approved public and private alcohol safety action
programs.
(i) An approved public and private alcohol safety action program shall file
with the division on request data, statistics, schedules, and information that the
division reasonably requires. An approved program that fails without good cause to
furnish any data, statistics, schedules, or information as requested, or files fraudulent
returns of them, shall be removed from the list of approved programs.
(j) The director, after holding a hearing under the provisions of AS 44.62
(Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant
an approval for an alcohol safety action program for failure to meet standards
established under (b) of this section.
* Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to
read:
APPLICABILITY. (a) Section 6 of this Act applies to registration of a motor vehicle
that occurs on or after the effective date of this Act.
(b) This Act applies to offenses committed on or after the effective date of this Act,
except that references to previous convictions include convictions occurring before, on, or
after the effective date of this Act.
* Sec. 61. This Act takes effect July 1, 2001.
HB0004
CSHB 4(FIN) am
CS FOR HOUSE BILL NO. 4(FIN) am
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY THE HOUSE FINANCE COMMITTEE
Amended: 4/29/01
Offered: 4/28/01
Sponsor(s): REPRESENTATIVES ROKEBERG, Croft
A BILL
FOR AN ACT ENTITLED
"An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or
watercraft; and providing for an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section
to read:
FINDINGS AND INTENT. (a) The legislature finds that
(1) driving on state highways is a privilege granted to citizens;
(2) in order to keep the privilege of driving on state highways, a citizen must
follow state laws regarding safe driving;
(3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were
alcohol-related;
(4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were
alcohol-related;
(5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine
percent;
(6) Alaska ranks in the top 15 states in terms of alcohol-related traffic
fatalities;
(7) habitual offenders do most of the harm.
(b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents
and fatalities.
* Sec. 2. AS 09.60.070
(c)(14) is amended to read:
(14) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] or another crime resulting from
the operation of a motor vehicle, boat, or airplane when the offender is under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED];
* Sec. 3. AS 12.25.033
is amended to read:
Sec. 12.25.033. Arrest without warrant for operating vehicle while under
the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. A peace officer may arrest a person without a warrant, whether
or not the offense is committed in the presence of the officer, when the officer has
probable cause to believe that the person to be arrested has committed the crime of
operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030
or a
similar city or borough ordinance, if the violation is alleged to have occurred less than
eight hours before the time of arrest.
* Sec. 4. AS 12.55.125
(c) is amended to read:
(c) A defendant convicted of a class A felony may be sentenced to a definite
term of imprisonment of not more than 20 years, and shall be sentenced to the
following presumptive terms, subject to adjustment as provided in AS 12.55.155
-
12.55.175:
(1) if the offense is a first felony conviction and does not involve
circumstances described in (2) of this subsection, five years;
(2) if the offense is a first felony conviction
(A) other than for manslaughter and the defendant possessed a
firearm, used a dangerous instrument, or caused serious physical injury during
the commission of the offense, or knowingly directed the conduct constituting
the offense at a uniformed or otherwise clearly identified peace officer, fire
fighter, correctional employee, emergency medical technician, paramedic,
ambulance attendant, or other emergency responder who was engaged in the
performance of official duties at the time of the offense, seven years;
(B) for manslaughter and the conduct resulting in the
conviction was knowingly directed towards a child under the age of 16, seven
years;
(C) for manslaughter and the conduct resulting in the
conviction involved driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance, seven years;
(3) if the offense is a second felony conviction, 10 years;
(4) if the offense is a third felony conviction and the defendant is not
subject to sentencing under (l) of this section, 15 years.
* Sec. 5. AS 18.67.101
is amended to read:
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The
board may order the payment of compensation in accordance with the provisions of
this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police
officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the
applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm; or
(J) driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] or another
crime resulting from the operation of a motor vehicle, boat, or airplane when
the offender is under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED].
* Sec. 6. AS 28.10.041
is amended by adding a new subsection to read:
(d) The department shall refuse to register a vehicle if the applicant fails to
register the vehicle using the applicant's first, middle, and last name or a business
name.
* Sec. 7. AS 28.10
is amended by adding a new section to read:
Sec. 28.10.453. Seizure of registration plates resulting from chemical
sobriety tests and refusals to submit to tests. (a) If a law enforcement officer seizes
a driver's license under AS 28.15.165
, the officer shall also seize the registration plates
for the motor vehicle the person was operating and shall deliver the registration plates
to the department if the person is a registered owner or co-owner of the vehicle.
(b) The law enforcement officer who seizes registration plates under this
section shall
(1) issue a temporary permit under which the vehicle may be operated
that expires seven days after it is delivered to the person; and
(2) give the person written notice that, unless the person, within seven
days, requests an administrative review under AS 28.15.166
, the department shall
suspend the registration for the motor vehicle and retain possession of the motor
vehicle registration plates as provided under (d) of this section.
(c) Unless the person has obtained a stay of a departmental action under
AS 28.15.166
, if the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2) or the
person refused to submit to a chemical test authorized under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g), the department shall revoke the registration for the motor
vehicle. The department's action takes effect seven days after delivery to the person of
the notice required under (b) of this section, and after receipt of a sworn report of a
law enforcement officer as described under AS 28.15.165
(c).
(d) The period of revocation of a motor vehicle registration under this section
shall be for the appropriate minimum period for driver's license revocations under
AS 28.15.181
(c) or court disqualifications under AS 28.33.140
. A department hearing
officer may grant limited motor vehicle registration privileges to a person whose
motor vehicle registration was revoked under this section in accordance with the
standards set out in AS 28.15.201
for granting limited driver's license privileges.
(e) The department shall allow a person who is an owner or co-owner of a
motor vehicle and who is not the person who was operating the motor vehicle when
the registration plates were seized under (a) of this section to register the motor
vehicle without the name of the person who was operating the vehicle when the
registration plates were seized under (a) of this section. If a person registers a motor
vehicle under this subsection, the department shall reissue the registration plates
seized under (a) of this section.
* Sec. 8. AS 28.15.046
(d) is amended to read:
(d) The department may not issue a license to an applicant who has been
convicted of driving while under the influence of an alcoholic beverage, inhalant,
or controlled substance [INTOXICATED] under AS 28.35.030
within two years of
the time of application or to an applicant who has two or more convictions for driving
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] within 10 years of the time of application.
* Sec. 9. AS 28.15.081
(a) is amended to read:
(a) The department shall examine every applicant for a driver's license. The
examination must include a test of the applicant's (1) eyesight, (2) ability to read and
understand official traffic control devices, (3) knowledge of safe driving practices, (4)
knowledge of the effects of alcohol and drugs on drivers and the dangers of driving
under the influence of alcohol or drugs, (5) knowledge of the laws on driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED], (6) knowledge of the laws on financial responsibility and
mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and
regulations of the state. The examination may include a demonstration of ability to
exercise ordinary and reasonable control in the driving of a motor vehicle of the type
and general class of vehicles for which the applicant seeks a license. However, an
applicant who has not been previously issued a driver's license by this or another
jurisdiction shall demonstrate ability and shall present medical information that the
department reasonably requires to determine fitness to safely drive a motor vehicle of
the type and general class of vehicles for which the applicant seeks a license.
* Sec. 10. AS 28.15.165
(c) is amended to read:
(c) Unless the person has obtained a temporary permit or stay of a
departmental action under AS 28.15.166
, if the chemical test administered under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) produced a result described in
AS 28.35.030
(a)(2) or the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g), the department shall revoke the person's
license, privilege to drive, or privilege to obtain a license, shall refuse to issue an
original license, and, if the chemical test administered under AS 28.33.031
(a)
produced a result described in AS 28.33.030
(a)(2) or the person refused to submit to a
chemical test authorized under AS 28.33.031
(a), shall disqualify the person. The
department's action takes effect seven days after delivery to the person of the notice
required under (a) of this section, and after receipt of a sworn report of a law
enforcement officer
(1) that a chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2), that a
chemical test administered under AS 28.33.031
(a) produced a result described in
AS 28.33.030
(a)(2), or that a person refused to submit to a chemical test authorized
under AS 28.33.031
(a) or AS 28.35.031
(a) or (g);
(2) that notice under (a) of this section was provided to the person; and
(3) describing the
(A) circumstances surrounding the arrest and the grounds for
the officer's belief that the person operated a motor vehicle, commercial motor
vehicle, or aircraft while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
; or
(B) grounds for the officer's belief that the person operated a
motor vehicle or commercial motor vehicle that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 11. AS 28.15.166
(a) is amended to read:
(a) A person who has received a notice under AS 28.10.453
(b) or
AS 28.15.165
(a) may make a written request (1) for administrative review of the
department's action under AS 28.10.453
(c) or AS 28.15.165
(c); or for (2) limited
motor vehicle registration privileges under AS 28.10.453
(d) or for limited license
privileges under AS 28.15.165
(d). If the person's driver's license has not been
previously surrendered to the department, it shall be surrendered to the department at
the time the request for review is made.
* Sec. 12. AS 28.15.166
(b) is amended to read:
(b) A request for review of the department's action under AS 28.10.453
or
AS 28.15.165
shall be made within seven days after receipt of the notice under
AS 28.10.453
or AS 28.15.165
, or the right to review is waived and the action of the
department under AS 28.10.453
(c) or AS 28.15.165
(c) is final. If a written request for
a review is made after expiration of the seven-day period, and if it is accompanied by
the applicant's verified statement explaining the failure to make a timely request for a
review, the department shall receive and consider the request. If the department finds
that the person was unable to make a timely request because of lack of actual notice of
the department's action or because of factors of physical incapacity such as
hospitalization or incarceration, the department shall waive the period of limitation,
reopen the matter, and grant the review request. An initial request for limited license
privileges may be made at any time. Subsequent requests for limited license
privileges may not be made unless the applicant demonstrates a significant change in
circumstances.
* Sec. 13. AS 28.15.166
(c) is amended to read:
(c) Upon receipt of a request for review, if it appears that the person holds a
valid driver's license or motor vehicle registration plates and that the driver's license
or motor vehicle registration plates have [HAS] been surrendered, the department
shall issue a temporary driver's permit or motor vehicle registration that is valid until
the scheduled date for the review. A person who has requested a review under this
section may request, and the department may grant for good cause, a delay in the date
of the hearing. If necessary, the department may issue additional temporary permits to
stay the effective date of its action under AS 28.15.165
(c) until the final order after the
review is issued.
* Sec. 14. AS 28.15.166
(g) is amended to read:
(g) The hearing for review of action by the department under AS 28.15.165
shall be limited to the issues of whether the law enforcement officer had probable
cause [REASONABLE GROUNDS] to believe that the person was operating a motor
vehicle or commercial motor vehicle that was involved in an accident causing death or
serious physical injury to another, or that the person was operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
and whether
(1) the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) after being advised that refusal would
result in disqualification or the suspension, revocation, or denial of the person's
license, privilege to drive, or privilege to obtain a license, and that the refusal is a
misdemeanor;
(2) the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2); or
(3) the chemical test administered under AS 28.33.031
(a) produced a
result described in AS 28.33.030
(a)(2).
* Sec. 15. AS 28.15.181
(a) is amended to read:
(a) Conviction of any of the following offenses is grounds for the immediate
revocation of a driver's license, privilege to drive, or privilege to obtain a license:
(1) manslaughter or negligent homicide resulting from driving a motor
vehicle;
(2) a felony in the commission of which a motor vehicle is used;
(3) failure to stop and give aid as required by law when a motor
vehicle accident results in the death or personal injury of another;
(4) perjury or making a false affidavit or statement under oath to the
department under a law relating to motor vehicles;
(5) operating a motor vehicle or aircraft while under the influence of
an alcoholic beverage, inhalant, or controlled substance [INTOXICATED];
(6) reckless driving;
(7) using a motor vehicle in unlawful flight to avoid arrest by a peace
officer;
(8) refusal to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) while under arrest for operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], or authorized under
AS 28.35.031
(g);
(9) driving while license, privilege to drive, or privilege to obtain a
license, canceled, suspended, or revoked, or in violation of a limitation;
(10) vehicle theft in the first degree in violation of AS 11.46.360
or
vehicle theft in the second degree in violation of AS 11.46.365
.
* Sec. 16. AS 28.15.181
(c) is amended to read:
(c) A court convicting a person of an offense described in (a)(5) or (8) of this
section arising out of the operation of a motor vehicle, commercial motor vehicle, or
aircraft shall revoke that person's driver's license, privilege to drive, or privilege to
obtain a license. The revocation may be concurrent with or consecutive to an
administrative revocation under AS 28.15.165
. The court may not, except as provided
in AS 28.15.201
, grant limited license privileges during the minimum period of
revocation. Except as provided under AS 28.35.030
(n)(3) and 28.35.032(p)(3), the
[THE] minimum periods of revocation are [:]
(1) not less than 90 days if the person has not been previously
convicted;
(2) not less than one year if the person has been previously convicted
once;
(3) not less than 3 years if the person has been previously convicted
twice;
(4) not less than 5 years if the person has been previously convicted
more than twice.
* Sec. 17. AS 28.15.191
(a) is amended to read:
(a) A court that convicts a person of an offense under this title or a regulation
adopted under this title, or another law or regulation of this state, or a municipal
ordinance that regulates the driving of vehicles, shall forward a record of the
conviction to the department within five working days. A conviction of a standing or
parking offense need not be reported.
* Sec. 18. AS 28.15.201
(d) is amended to read:
(d) A court revoking a driver's license, privilege to drive, or privilege to obtain
a license under AS 28.15.181
(c), or the department when revoking a driver's license,
privilege to drive, or privilege to obtain a license under AS 28.15.165
(c), may grant
limited license privileges for the final 60 days during which the license is revoked if
(1) the revocation was for a violation of AS 28.15.181
(a)(5) and not
for a violation of AS 28.15.181
(a)(8);
(2) the person has not been previously convicted; in this paragraph,
"previously convicted" has the meaning given in AS 28.35.030
and also includes
convictions based on laws presuming that the person was under the influence of
intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the
person's blood;
(3) the court or the department determines that the person's ability to
earn a livelihood would be severely impaired without a limited license;
(4) the court or the department determines that a limitation under (a) of
this section can be placed on the license that will enable the person to earn a livelihood
without excessive danger to the public; and
(5) the court or the department determines that the person has met [IS
ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS SUCCESSFULLY
COMPLETED, AN] alcoholism screening, evaluation, referral, and [EDUCATION
AND REHABILITATION TREATMENT] program requirements of the
Department of Health and Social Services under AS 28.35.030
(h).
* Sec. 19. AS 28.15.211
(d) is amended to read:
(d) At the end of a period of revocation or limitation following a revocation, a
person whose driver's license has been revoked may apply to the department for the
issuance of a new license, but shall submit to reexamination, pay all required fees
including a reinstatement fee, and, if the license was revoked under
AS 28.15.181
(a)(5) or (8), submit proof to the court or the department that the
person has met the alcoholism screening, evaluation, referral, and program
requirements of the Department of Health and Social Services under
AS 28.35.030
(h) [OF
(1) ENROLLMENT IN AND COMPLIANCE WITH OR
COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION
TREATMENT PROGRAM APPROVED UNDER AS 47.37
IF THE PERSON WAS
SENTENCED UNDER AS 28.15.181
(c)(1); OR
(2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM
EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED
UNDER AS 47.37
IF THE PERSON WAS CONVICTED UNDER
AS 28.15.181
(c)(2) - (4)].
* Sec. 20. AS 28.15.271
(b) is amended to read:
(b) In addition to the fees under (a) of this section,
(1) a person who renews a driver's license by mail shall pay a fee of
$1;
(2) a person who applies for a limited driver's license under
AS 28.15.201
shall pay a fee of $100; and
(3) a person who applies for reinstatement of a driver's license under
AS 28.15.211
shall pay a fee of
(A) $100 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (C) of this paragraph, only
once; [OR]
(B) $250 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (D) of this paragraph, two
or more times;
(C) $200 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 only once; or
(D) $500 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 two or more times.
* Sec. 21. AS 28.15.281
(b) is amended to read:
(b) A person may not authorize or knowingly permit a motor vehicle owned
by the person or under the control of the person to be driven in this state by a person
who is not validly licensed. This subsection does not apply to a victim of domestic
violence who authorizes or permits a motor vehicle to be driven due to fear of the
perpetrator of the domestic violence. In this subsection, "domestic violence" has
the meaning given in AS 18.66.990
.
* Sec. 22. AS 28.33.030
is amended to read:
Sec. 28.33.030. Operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. (a) A person commits the crime of operating a commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] if the person operates a commercial motor
vehicle
(1) while under the influence of an alcoholic beverage, inhalant,
[INTOXICATING LIQUOR] or any controlled substance;
(2) when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is 0.04 percent or more by weight of
alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of
blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's
breath; or
(3) while under the combined influence of an alcoholic beverage,
inhalant, [INTOXICATING LIQUOR] and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class
A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in
accordance with the minimum periods of imprisonment, fines, rehabilitative treatment,
and other provisions of AS 28.35.030
, as if the person had been convicted of a
violation of AS 28.35.030
. For purposes of sentencing, convictions for operating a
commercial motor vehicle while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under this section, and for
refusal to submit to a chemical test under AS 28.33.032
, if arising out of a single
transaction, are considered one previous conviction.
* Sec. 23. AS 28.33.031
(a) is amended to read:
(a) A person who operates a commercial motor vehicle in this state is
considered to have given consent to a chemical test or tests
(1) of the person's breath if lawfully arrested for an offense arising out
of acts alleged to have been committed when the person was operating the commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED]; the test or tests may be administered at the
direction of a law enforcement officer who has probable cause [REASONABLE
GROUNDS] to believe that the person was operating a commercial motor vehicle
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] in violation of AS 28.33.030
or AS 28.35.030
;
(2) of the person's breath and blood for the purpose of determining the
alcoholic content of the person's breath and blood and is considered to have given
consent to a chemical test or tests of the person's blood and urine for the purpose of
determining the presence of controlled substances in the person's blood and urine if
the person is involved in a motor vehicle accident that causes death or serious physical
injury to another person; the test or tests may be administered at the direction of a law
enforcement officer who has probable cause [REASONABLE GROUNDS] to
believe that the person was operating a commercial motor vehicle that was involved in
an accident causing death or serious physical injury to another person.
* Sec. 24. AS 28.33.031
(c) is amended to read:
(c) A person who operates a commercial motor vehicle is considered to have
given consent to a preliminary breath test, at the direction of a law enforcement
officer, for the purpose of determining the alcoholic content of the person's blood or
breath. A law enforcement officer may administer a preliminary breath test if the
officer has probable cause [REASONABLE GROUNDS] to believe that the person's
ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic
beverages and that
(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of AS 28.33.130
(a) or violated
the terms of an out-of-service order issued under AS 28.33.130
; or
(3) the person unlawfully operated a commercial motor vehicle; in this
paragraph, "unlawfully" means in violation of any federal, state, or municipal statute,
regulation, or ordinance.
* Sec. 25. AS 28.33.033
(a) is amended to read:
(a) Upon the trial of a civil or criminal action or proceedings arising out of
acts alleged to have been committed by a person operating a commercial motor
vehicle while under the influence of an alcoholic beverage [INTOXICATED] in
violation of AS 28.33.030
, the following rules apply with regard to the amount of
alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the
person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's
blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact
does not give rise to a presumption that the person was or was not under the influence
of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be
considered with other competent evidence in determining whether the person was
under the influence of an alcoholic beverage [INTOXICATING LIQUOR];
(2) if there was 0.04 percent or more by weight of alcohol in the
person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's
blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is
presumed that the person was under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 26. AS 28.33.033
(c) is amended to read:
(c) The provisions of (a) of this section may not be construed to limit the
introduction of any other competent evidence bearing upon the question of whether
the person was or was not under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 27. AS 28.33.140
(a) is amended to read:
(a) In addition to the court action provided in AS 28.15.181
, conviction of any
of the following offenses is grounds for immediate disqualification from driving a
commercial motor vehicle for the periods set out in this section:
(1) operating a commercial motor vehicle while under the influence
of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.33.030
;
(2) refusal to submit to a chemical test in violation of AS 28.35.032
;
(3) operating a motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.35.030
;
(4) leaving the scene of an accident in violation of AS 28.35.060
, or
failing to file, or providing false information in, an accident report in violation of
AS 28.35.110
;
(5) a felony under state or federal law, which was facilitated because
the person used a commercial motor vehicle;
(6) a serious traffic violation; or
(7) driving after being placed out of service in violation of regulations
adopted under AS 28.05.011
.
* Sec. 28. AS 28.35.030
(a) is amended to read:
(a) A person commits the crime of driving while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the
person operates or drives a motor vehicle or operates an aircraft or a watercraft
(1) while under the influence of an alcoholic beverage, intoxicating
liquor, inhalant, or any controlled substance;
(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 an alcoholic
beverage, an intoxicating liquor, an inhalant, and a controlled substance.
* Sec. 29. AS 28.35.030
(b) is amended to read:
(b) Except as provided under (n) of this section, driving while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] is a class A misdemeanor. Except as provided under (r) of this
section, upon [UPON] conviction,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (n) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (n) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (n) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (n) of this section;
(2) the court 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;
(B) suspend imposition of sentence;
(3) the court shall revoke the person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense to be forfeited under AS 28.35.036
;
(4) the court may, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or may order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
.
* Sec. 30. AS 28.35.030
(d) is amended to read:
(d) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(h) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRESENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 31. AS 28.35.030
(h) is amended to read:
(h) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (n) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 32. AS 28.35.030
(k) is amended to read:
(k) Imprisonment required under (b)(1)(A) or (B) of this section shall be
served at a community residential center or, if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (b)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (b)(1)(A) of this section shall perform at least 24
hours of community service work, and a person sentenced under (b)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 33. 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 [OF DRIVING WHILE INTOXICATED] and has been previously
convicted two or more times since January 1, 1996, and within the 10 [FIVE] years
preceding the date of the present offense. For purposes of determining minimum
sentences based on previous convictions, the provisions of (o)(4) of this section apply.
Except as provided under (r) of this section, upon [UPON] conviction, the court
(1) shall impose a fine of not less than $10,000 [$5,000] and a
minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 (p)
of this section [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,
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 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.
* Sec. 34. AS 28.35.030
(o) is amended to read:
(o) In this section,
(1) "inhalant" has the meaning given to the phrase "hazardous
volatile material or substance" in AS 47.37.270
; [REPEALED]
(2) "operate an aircraft" means to [USE,] navigate, pilot, or taxi an
aircraft in the airspace over this state, or upon the land or water inside this state;
(3) "operate a watercraft" means to navigate [OR USE] a vessel used
or capable of being used as a means of transportation on water for recreational or
commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial
limits or under the jurisdiction of the state;
(4) "previously convicted" means having been convicted in this or
another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE
PRESENT OFFENSE,] of any of the following offenses; however, convictions for any
of these offenses, if arising out of a single transaction and a single arrest, are
considered one previous conviction:
(A) operating a motor vehicle, aircraft, or watercraft while
under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED,] in violation of this section or in violation of
another law or ordinance with similar elements, except that the other law or
ordinance may provide for a lower level of alcohol in the person's blood or
breath than imposed under (a)(2) of this section;
(B) refusal to submit to a chemical test in violation of
AS 28.35.032
or in violation of another law or ordinance with similar
elements; or
(C) operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] in violation of AS 28.33.030
or in violation of another law
or ordinance with similar elements, except that the other law or ordinance may
provide for a lower level of alcohol in the person's blood or breath than
imposed under AS 28.33.030
(a)(2).
* Sec. 35. AS 28.35.030
is amended by adding new subsections to read:
(p) Upon request, the department shall review a driver's license revocation
imposed under (n)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(q) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(r) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(b)(1) or (n)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fines required under (b)(1) or
(n)(1) of this section.
(s) For purposes of this section, the director of the division within the
department responsible for administration of this section or a person designated by the
director may request and receive criminal justice information available under
AS 12.62. In this subsection, "criminal justice information" has the meaning given in
AS 12.62.900
.
* Sec. 36. AS 28.35.031
(a) is amended to read:
(a) A person who operates or drives a motor vehicle in this state or who
operates an aircraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(2)] or who
operates a watercraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(3)] shall be
considered to have given consent to a chemical test or tests of the person's breath for
the purpose of determining the alcoholic content of the person's blood or breath if
lawfully arrested for an offense arising out of acts alleged to have been committed
while the person was operating or driving a motor vehicle or operating an aircraft or a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280
for the offense of minor operating a vehicle after consuming alcohol. The test or tests
shall be administered at the direction of a law enforcement officer who has probable
cause [REASONABLE GROUNDS] to believe that the person was operating or
driving a motor vehicle or operating an aircraft or a watercraft in this state while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] or that the person was a minor operating a vehicle after consuming
alcohol.
* Sec. 37. AS 28.35.031
(b) is amended to read:
(b) A person who operates or drives a motor vehicle in this state or who
operates an aircraft or watercraft shall be considered to have given consent to a
preliminary breath test for the purpose of determining the alcoholic content of the
person's blood or breath. A law enforcement officer may administer a preliminary
breath test at the scene of the incident if the officer has probable cause
[REASONABLE GROUNDS] to believe that a person's ability to operate a motor
vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and
that the person
(1) was operating or driving a motor vehicle, aircraft, or watercraft that
is involved in an accident;
(2) committed a moving traffic violation or unlawfully operated an
aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any
federal, state, or municipal statute, regulation, or ordinance, except for violations that
do not provide reason to believe that the operator's ability to operate the aircraft or
watercraft was impaired by the ingestion of alcoholic beverages; or
(3) was operating or driving a motor vehicle in violation of
AS 28.35.029
(a).
* Sec. 38. AS 28.35.031
(g) is amended to read:
(g) A person who operates or drives a motor vehicle in this state shall be
considered to have given consent to a chemical test or tests of the person's breath and
blood for the purpose of determining the alcoholic content of the person's breath and
blood and shall be considered to have given consent to a chemical test or tests of the
person's blood and urine for the purpose of determining the presence of controlled
substances in the person's blood and urine if the person is involved in a motor vehicle
accident that causes death or serious physical injury to another person. The test or
tests may be administered at the direction of a law enforcement officer who has
probable cause [REASONABLE GROUNDS] to believe that the person was
operating or driving a motor vehicle in this state that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 39. AS 28.35.031
is amended by adding a new subsection to read:
(h) Nothing in this section shall be construed to restrict searches or seizures
under a warrant issued by a judicial officer, in addition to a test permitted under this
section.
* Sec. 40. AS 28.35.032
(a) is amended to read:
(a) If a person under arrest for operating a motor vehicle or aircraft while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(1) or AS 28.35.031
(a), or if a person
involved in a motor vehicle accident that causes death or serious physical injury to
another person refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(2) or AS 28.35.031
(g), after being
advised by the officer that the refusal will result in the denial or revocation of the
driver's license, privilege to drive, or privilege to obtain a license, that the refusal may
be used against the person in a civil or criminal action or proceeding arising out of an
act alleged to have been committed by the person while operating a motor vehicle or
aircraft while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that the refusal is a crime, a chemical test may not
be given, except as provided by AS 28.35.035
. If a person under arrest for operating a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] refuses the request of a law enforcement
officer to submit to a chemical test authorized under AS 28.35.031
(a), after being
advised by the officer that the refusal may be used against the person in a civil or
criminal action or proceeding arising out of an act alleged to have been committed by
the person while operating a watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal
is a crime, a chemical test may not be given, except as provided by AS 28.35.035
.
* Sec. 41. AS 28.35.032
(e) is amended to read:
(e) The refusal of a person to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) is admissible evidence in a civil or criminal
action or proceeding arising out of an act alleged to have been committed by the
person while operating or driving a motor vehicle or operating an aircraft or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED].
* Sec. 42. AS 28.35.032
(g) is amended to read:
(g) Except as provided under (t) of this section, upon [UPON] conviction
under this section,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (p) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (p) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (p) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (p) of this section;
(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 person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense be forfeited under AS 28.35.036
; [AND]
(4) the court may, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or may order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
;
(5) the sentence imposed by the court under this subsection shall run
consecutively with any other sentence of imprisonment imposed on the person.
* Sec. 43. AS 28.35.032
(h) is amended to read:
(h) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(l) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRE-SENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 44. AS 28.35.032
(j) is amended to read:
(j) For purposes of this section, convictions for operating or driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] under AS 28.33.030
or AS 28.35.030
and for refusal to submit to a
chemical test under this section, if arising out of a single transaction and a single
arrest, are considered one previous conviction.
* Sec. 45. AS 28.35.032
(l) is amended to read:
(l) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (p) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 46. AS 28.35.032
(o) is amended to read:
(o) Imprisonment required under (g)(1)(A) or (B) of this section shall be
served at a community residential center, or if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (g)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (g)(1)(A) of this section shall perform at least 24
hours of community service work and a person sentenced under (g)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 47. 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 since January 1, 1996,
and within the 10 [FIVE] years preceding the date of the present offense. For
purposes of determining minimum sentences based on previous convictions, the
provisions of AS 28.35.030
(o)(4) apply. Except as provided under (t) of this
section, upon [UPON] conviction,
(1) the court shall impose a fine of not less than $10,000 [$5,000] and
a minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 permanently revoke the person's driver's license,
privilege to drive, or privilege to obtain a license subject to restoration under (r) of
this section [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
motor vehicle, [OR] aircraft, or watercraft used in the commission of the offense,
subject to remission under AS 28.35.037
; and
(7) 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, the department shall reissue the vehicle registration and omit
the name of the person convicted under this subsection.
* Sec. 48. AS 28.35.032
is amended by adding new subsections to read:
(r) Upon request, the department shall review a driver's license revocation
imposed under (p)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(s) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(t) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(g)(1) or (p)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fine required under (g)(1) and
(p)(1) of this section.
* Sec. 49. 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 under the influence of an alcoholic
beverage, inhalant, or controlled substance [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 an
alcoholic beverage [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 an alcoholic beverage [INTOXICATING
LIQUOR], but that fact may be considered with other competent evidence in
determining whether the person was under the influence of an alcoholic beverage
[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 an alcoholic
beverage [INTOXICATING LIQUOR].
* Sec. 50. AS 28.35.033
(e) is amended to read:
(e) The person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of the person's own choosing administer a
chemical test in addition to the test administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a person does not
preclude the admission of evidence relating to the test taken at the direction of a law
enforcement officer; the fact that the person under arrest sought to obtain such an
additional test, and failed or was unable so to do, is likewise admissible in evidence.
The person who administers the chemical test shall clearly and expressly inform
the person tested of that person's right to an independent test described under
this subsection, and, if the person being tested requests an independent test, the
department shall make reasonable and good-faith efforts to assist the person
being tested in contacting a person qualified to perform an independent chemical
test of the person's breath or blood.
* Sec. 51. AS 28.35.035
(a) is amended to read:
(a) If a person is under arrest for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle, aircraft, or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that arrest results from an accident that causes
death or physical injury to another person, a chemical test may be administered
without the consent of the person arrested to determine the amount of alcohol in that
person's breath or blood or to determine the presence of controlled substances in that
person's blood and urine.
* Sec. 52. AS 28.35.036
(a) is amended to read:
(a) After conviction of an offense under AS 28.35.030
or 28.35.032, the court
[STATE] may [MOVE THE COURT TO] order the forfeiture of the motor vehicle,
[OR] aircraft, or watercraft involved in the commission of the offense if the
convicted person has been previously convicted in this or another jurisdiction [OF
MORE THAN ONE OF THE FOLLOWING OFFENSES] or has [MORE THAN
ONCE] been previously convicted of one of the following offenses:
(1) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under AS 28.35.030
or another
law or ordinance with substantially similar elements; or
(2) refusal to submit to a chemical test under AS 28.35.032
or another
law or ordinance with substantially similar elements.
* Sec. 53. AS 28.35.036
(e) is amended to read:
(e) If not released under AS 28.35.037
, a motor vehicle, aircraft, or
watercraft forfeited under this section may be disposed of at the discretion of the
Department of Public Safety. Disposal under this subsection includes, by way of
example and not of limitation,
(1) sale, as a unit or in parts, including sale at an auction, and the
proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of
Administration; or
(4) being destroyed.
* Sec. 54. AS 28.35.038
is amended to read:
Sec. 28.35.038. Municipal impoundment and forfeiture. Notwithstanding
other provisions in this title, a municipality may adopt an ordinance providing for the
impoundment or forfeiture of a motor vehicle [,] or aircraft [,] involved in the
commission of an offense under AS 28.35.030
, 28.35.032, or an ordinance with
elements substantially similar to AS 28.35.030
or 28.35.032. An ordinance adopted
under this section may include a fee for the administrative costs incurred by the
municipality and is not required to be consistent with this title or regulations adopted
under this title.
* Sec. 55. AS 28.35.039
(2) is amended to read:
(2) "alcohol safety action program" means a program for alcohol and
substance abuse screening, referral, and monitoring developed and implemented
or approved by the Department of Health and Social Services under AS 47.37
[DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL
SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM].
* Sec. 56. AS 47.37.040
(14) is amended to read:
(14) cooperate with the Department of Public Safety and the
Department of Transportation and Public Facilities in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and
approve alcohol information courses required to be taken by drivers under AS 28.15
or
made available to drivers to reduce points assessed for violation of traffic laws;
* Sec. 57. AS 47.37.040
is amended by adding a new paragraph to read:
(20) develop and implement, or designate, in cooperation with other
state or local agencies, an alcohol safety action program that provides alcohol and
substance abuse screening, referral, and monitoring services to persons who have been
referred by a court in connection with a charge or conviction of a misdemeanor
involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled
substance, or referred by an agency of the state with the responsibility for
administering motor vehicle laws in connection with a driver's license action involving
the use of alcohol or a controlled substance.
* Sec. 58. AS 47.37.130
(b) is amended to read:
(b) The program of the division must include
(1) emergency treatment provided by a facility affiliated with or part of
the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment; [AND]
(4) outpatient and follow-up treatment; and
(5) standards for alcohol safety action programs; the standards
may vary in their requirements and stringency according to the population, price
level, remoteness, access to transportation, and availability of ancillary services of
the area to be served; a program must meet the applicable standards before it is
approved by the division as an alcohol safety action program; the standards
required under this paragraph shall be established in a manner that provides
protection of the health, safety, and well-being of clients of the affected programs
and protection for the affected programs from exposure to malpractice and
liability actions.
* Sec. 59. AS 47.37.130
is amended by adding new subsections to read:
(h) The division shall
(1) inspect, on a regular basis, approved public and private alcohol
safety action programs at reasonable times and in a reasonable manner; and
(2) maintain a list of approved public and private alcohol safety action
programs.
(i) An approved public and private alcohol safety action program shall file
with the division on request data, statistics, schedules, and information that the
division reasonably requires. An approved program that fails without good cause to
furnish any data, statistics, schedules, or information as requested, or files fraudulent
returns of them, shall be removed from the list of approved programs.
(j) The director, after holding a hearing under the provisions of AS 44.62
(Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant
an approval for an alcohol safety action program for failure to meet standards
established under (b) of this section.
* Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to
read:
APPLICABILITY. (a) Section 6 of this Act applies to registration of a motor vehicle
that occurs on or after the effective date of this Act.
(b) This Act applies to offenses committed on or after the effective date of this Act,
except that references to previous convictions include convictions occurring before, on, or
after the effective date of this Act.
* Sec. 61. This Act takes effect July 1, 2001.
HB0004
SCS CSHB 4(JUD)
SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY THE SENATE JUDICIARY COMMITTEE
Offered: 5/6/01
Referred: Finance
Sponsor(s): REPRESENTATIVES ROKEBERG, Croft
A BILL
FOR AN ACT ENTITLED
"An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or
watercraft; and providing for an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section
to read:
FINDINGS AND INTENT. (a) The legislature finds that
(1) driving on state highways is a privilege granted to citizens;
(2) in order to keep the privilege of driving on state highways, a citizen must
follow state laws regarding safe driving;
(3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were
alcohol-related;
(4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were
alcohol-related;
(5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine
percent;
(6) Alaska ranks in the top 15 states in terms of alcohol-related traffic
fatalities;
(7) habitual offenders do most of the harm.
(b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents
and fatalities.
* Sec. 2. AS 09.60.070
(c)(14) is amended to read:
(14) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] or another crime resulting from
the operation of a motor vehicle, boat, or airplane when the offender is under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED];
* Sec. 3. AS 12.25.033
is amended to read:
Sec. 12.25.033. Arrest without warrant for operating vehicle while under
the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. A peace officer may arrest a person without a warrant, whether
or not the offense is committed in the presence of the officer, when the officer has
probable cause to believe that the person to be arrested has committed the crime of
operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030
or a
similar city or borough ordinance, if the violation is alleged to have occurred less than
eight hours before the time of arrest.
* Sec. 4. AS 12.55.125
(c) is amended to read:
(c) A defendant convicted of a class A felony may be sentenced to a definite
term of imprisonment of not more than 20 years, and shall be sentenced to the
following presumptive terms, subject to adjustment as provided in AS 12.55.155
-
12.55.175:
(1) if the offense is a first felony conviction and does not involve
circumstances described in (2) of this subsection, five years;
(2) if the offense is a first felony conviction
(A) other than for manslaughter and the defendant possessed a
firearm, used a dangerous instrument, or caused serious physical injury during
the commission of the offense, or knowingly directed the conduct constituting
the offense at a uniformed or otherwise clearly identified peace officer, fire
fighter, correctional employee, emergency medical technician, paramedic,
ambulance attendant, or other emergency responder who was engaged in the
performance of official duties at the time of the offense, seven years;
(B) for manslaughter and the conduct resulting in the
conviction was knowingly directed towards a child under the age of 16, seven
years;
(C) for manslaughter and the conduct resulting in the
conviction involved driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance, seven years;
(3) if the offense is a second felony conviction, 10 years;
(4) if the offense is a third felony conviction and the defendant is not
subject to sentencing under (l) of this section, 15 years.
* Sec. 5. AS 18.67.101
is amended to read:
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The
board may order the payment of compensation in accordance with the provisions of
this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police
officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the
applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm; or
(J) driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] or another
crime resulting from the operation of a motor vehicle, boat, or airplane when
the offender is under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED].
* Sec. 6. AS 28.10.041
is amended by adding a new subsection to read:
(d) The department shall refuse to register a vehicle if the applicant fails to
register the vehicle using the applicant's first, middle, and last name or a business
name.
* Sec. 7. AS 28.10
is amended by adding a new section to read:
Sec. 28.10.453. Seizure of registration plates resulting from chemical
sobriety tests and refusals to submit to tests. (a) If a law enforcement officer seizes
a driver's license under AS 28.15.165
, the officer shall also seize the registration plates
for the motor vehicle the person was operating and shall deliver the registration plates
to the department if the person is a registered owner or co-owner of the vehicle.
(b) The law enforcement officer who seizes registration plates under this
section shall
(1) issue a temporary permit under which the vehicle may be operated
that expires seven days after it is delivered to the person; and
(2) give the person written notice that, unless the person, within seven
days, requests an administrative review under AS 28.15.166
, the department shall
suspend the registration for the motor vehicle and retain possession of the motor
vehicle registration plates as provided under (d) of this section.
(c) Unless the person has obtained a stay of a departmental action under
AS 28.15.166
, if the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2) or the
person refused to submit to a chemical test authorized under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g), the department shall revoke the registration for the motor
vehicle. The department's action takes effect seven days after delivery to the person of
the notice required under (b) of this section, and after receipt of a sworn report of a
law enforcement officer as described under AS 28.15.165
(c).
(d) The period of revocation of a motor vehicle registration under this section
shall be for the appropriate minimum period for driver's license revocations under
AS 28.15.181
(c) or court disqualifications under AS 28.33.140
. A department hearing
officer may grant limited motor vehicle registration privileges to a person whose
motor vehicle registration was revoked under this section in accordance with the
standards set out in AS 28.15.201
for granting limited driver's license privileges.
(e) The department shall allow a person who is an owner or co-owner of a
motor vehicle and who is not the person who was operating the motor vehicle when
the registration plates were seized under (a) of this section to register the motor
vehicle without the name of the person who was operating the vehicle when the
registration plates were seized under (a) of this section. If a person registers a motor
vehicle under this subsection, the department shall reissue the registration plates
seized under (a) of this section.
* Sec. 8. AS 28.15.046
(d) is amended to read:
(d) The department may not issue a license to an applicant who has been
convicted of driving while under the influence of an alcoholic beverage, inhalant,
or controlled substance [INTOXICATED] under AS 28.35.030
within two years of
the time of application or to an applicant who has two or more convictions for driving
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] within 10 years of the time of application.
* Sec. 9. AS 28.15.081
(a) is amended to read:
(a) The department shall examine every applicant for a driver's license. The
examination must include a test of the applicant's (1) eyesight, (2) ability to read and
understand official traffic control devices, (3) knowledge of safe driving practices, (4)
knowledge of the effects of alcohol and drugs on drivers and the dangers of driving
under the influence of alcohol or drugs, (5) knowledge of the laws on driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED], (6) knowledge of the laws on financial responsibility and
mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and
regulations of the state. The examination may include a demonstration of ability to
exercise ordinary and reasonable control in the driving of a motor vehicle of the type
and general class of vehicles for which the applicant seeks a license. However, an
applicant who has not been previously issued a driver's license by this or another
jurisdiction shall demonstrate ability and shall present medical information that the
department reasonably requires to determine fitness to safely drive a motor vehicle of
the type and general class of vehicles for which the applicant seeks a license.
* Sec. 10. AS 28.15.165
(c) is amended to read:
(c) Unless the person has obtained a temporary permit or stay of a
departmental action under AS 28.15.166
, if the chemical test administered under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) produced a result described in
AS 28.35.030
(a)(2) or the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g), the department shall revoke the person's
license, privilege to drive, or privilege to obtain a license, shall refuse to issue an
original license, and, if the chemical test administered under AS 28.33.031
(a)
produced a result described in AS 28.33.030
(a)(2) or the person refused to submit to a
chemical test authorized under AS 28.33.031
(a), shall disqualify the person. The
department's action takes effect seven days after delivery to the person of the notice
required under (a) of this section, and after receipt of a sworn report of a law
enforcement officer
(1) that a chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2), that a
chemical test administered under AS 28.33.031
(a) produced a result described in
AS 28.33.030
(a)(2), or that a person refused to submit to a chemical test authorized
under AS 28.33.031
(a) or AS 28.35.031
(a) or (g);
(2) that notice under (a) of this section was provided to the person; and
(3) describing the
(A) circumstances surrounding the arrest and the grounds for
the officer's belief that the person operated a motor vehicle, commercial motor
vehicle, or aircraft while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
; or
(B) grounds for the officer's belief that the person operated a
motor vehicle or commercial motor vehicle that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 11. AS 28.15.166
(a) is amended to read:
(a) A person who has received a notice under AS 28.10.453
(b) or
AS 28.15.165
(a) may make a written request (1) for administrative review of the
department's action under AS 28.10.453
(c) or AS 28.15.165
(c); or for (2) limited
motor vehicle registration privileges under AS 28.10.453
(d) or for limited license
privileges under AS 28.15.165
(d). If the person's driver's license has not been
previously surrendered to the department, it shall be surrendered to the department at
the time the request for review is made.
* Sec. 12. AS 28.15.166
(b) is amended to read:
(b) A request for review of the department's action under AS 28.10.453
or
AS 28.15.165
shall be made within seven days after receipt of the notice under
AS 28.10.453
or AS 28.15.165
, or the right to review is waived and the action of the
department under AS 28.10.453
(c) or AS 28.15.165
(c) is final. If a written request for
a review is made after expiration of the seven-day period, and if it is accompanied by
the applicant's verified statement explaining the failure to make a timely request for a
review, the department shall receive and consider the request. If the department finds
that the person was unable to make a timely request because of lack of actual notice of
the department's action or because of factors of physical incapacity such as
hospitalization or incarceration, the department shall waive the period of limitation,
reopen the matter, and grant the review request. An initial request for limited license
privileges may be made at any time. Subsequent requests for limited license
privileges may not be made unless the applicant demonstrates a significant change in
circumstances.
* Sec. 13. AS 28.15.166
(c) is amended to read:
(c) Upon receipt of a request for review, if it appears that the person holds a
valid driver's license or motor vehicle registration plates and that the driver's license
or motor vehicle registration plates have [HAS] been surrendered, the department
shall issue a temporary driver's permit or motor vehicle registration that is valid until
the scheduled date for the review. A person who has requested a review under this
section may request, and the department may grant for good cause, a delay in the date
of the hearing. If necessary, the department may issue additional temporary permits to
stay the effective date of its action under AS 28.15.165
(c) until the final order after the
review is issued.
* Sec. 14. AS 28.15.166
(g) is amended to read:
(g) The hearing for review of action by the department under AS 28.15.165
shall be limited to the issues of whether the law enforcement officer had probable
cause [REASONABLE GROUNDS] to believe that the person was operating a motor
vehicle or commercial motor vehicle that was involved in an accident causing death or
serious physical injury to another, or that the person was operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
and whether
(1) the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) after being advised that refusal would
result in disqualification or the suspension, revocation, or denial of the person's
license, privilege to drive, or privilege to obtain a license, and that the refusal is a
misdemeanor;
(2) the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2); or
(3) the chemical test administered under AS 28.33.031
(a) produced a
result described in AS 28.33.030
(a)(2).
* Sec. 15. AS 28.15.181
(a) is amended to read:
(a) Conviction of any of the following offenses is grounds for the immediate
revocation of a driver's license, privilege to drive, or privilege to obtain a license:
(1) manslaughter or negligent homicide resulting from driving a motor
vehicle;
(2) a felony in the commission of which a motor vehicle is used;
(3) failure to stop and give aid as required by law when a motor
vehicle accident results in the death or personal injury of another;
(4) perjury or making a false affidavit or statement under oath to the
department under a law relating to motor vehicles;
(5) operating a motor vehicle or aircraft while under the influence of
an alcoholic beverage, inhalant, or controlled substance [INTOXICATED];
(6) reckless driving;
(7) using a motor vehicle in unlawful flight to avoid arrest by a peace
officer;
(8) refusal to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) while under arrest for operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], or authorized under
AS 28.35.031
(g);
(9) driving while license, privilege to drive, or privilege to obtain a
license, canceled, suspended, or revoked, or in violation of a limitation;
(10) vehicle theft in the first degree in violation of AS 11.46.360
or
vehicle theft in the second degree in violation of AS 11.46.365
.
* Sec. 16. AS 28.15.181
(c) is amended to read:
(c) A court convicting a person of an offense described in (a)(5) or (8) of this
section arising out of the operation of a motor vehicle, commercial motor vehicle, or
aircraft shall revoke that person's driver's license, privilege to drive, or privilege to
obtain a license. The revocation may be concurrent with or consecutive to an
administrative revocation under AS 28.15.165
. The court may not, except as provided
in AS 28.15.201
, grant limited license privileges during the minimum period of
revocation. Except as provided under AS 28.35.030
(n)(3) and 28.35.032(p)(3), the
[THE] minimum periods of revocation are [:]
(1) not less than 90 days if the person has not been previously
convicted;
(2) not less than one year if the person has been previously convicted
once;
(3) not less than 3 years if the person has been previously convicted
twice;
(4) not less than 5 years if the person has been previously convicted
more than twice.
* Sec. 17. AS 28.15.191
(a) is amended to read:
(a) A court that convicts a person of an offense under this title or a regulation
adopted under this title, or another law or regulation of this state, or a municipal
ordinance that regulates the driving of vehicles, shall forward a record of the
conviction to the department within five working days. A conviction of a standing or
parking offense need not be reported.
* Sec. 18. AS 28.15.201
(d) is amended to read:
(d) A court revoking a driver's license, privilege to drive, or privilege to obtain
a license under AS 28.15.181
(c), or the department when revoking a driver's license,
privilege to drive, or privilege to obtain a license under AS 28.15.165
(c), may grant
limited license privileges for the final 60 days during which the license is revoked if
(1) the revocation was for a violation of AS 28.15.181
(a)(5) and not
for a violation of AS 28.15.181
(a)(8);
(2) the person has not been previously convicted; in this paragraph,
"previously convicted" has the meaning given in AS 28.35.030
and also includes
convictions based on laws presuming that the person was under the influence of
intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the
person's blood;
(3) the court or the department determines that the person's ability to
earn a livelihood would be severely impaired without a limited license;
(4) the court or the department determines that a limitation under (a) of
this section can be placed on the license that will enable the person to earn a livelihood
without excessive danger to the public; and
(5) the court or the department determines that the person has met [IS
ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS SUCCESSFULLY
COMPLETED, AN] alcoholism screening, evaluation, referral, and [EDUCATION
AND REHABILITATION TREATMENT] program requirements of the
Department of Health and Social Services under AS 28.35.030
(h).
* Sec. 19. AS 28.15.211
(d) is amended to read:
(d) At the end of a period of revocation or limitation following a revocation, a
person whose driver's license has been revoked may apply to the department for the
issuance of a new license, but shall submit to reexamination, pay all required fees
including a reinstatement fee, and, if the license was revoked under
AS 28.15.181
(a)(5) or (8), submit proof to the court or the department that the
person has met the alcoholism screening, evaluation, referral, and program
requirements of the Department of Health and Social Services under
AS 28.35.030
(h) [OF
(1) ENROLLMENT IN AND COMPLIANCE WITH OR
COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION
TREATMENT PROGRAM APPROVED UNDER AS 47.37
IF THE PERSON WAS
SENTENCED UNDER AS 28.15.181
(c)(1); OR
(2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM
EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED
UNDER AS 47.37
IF THE PERSON WAS CONVICTED UNDER
AS 28.15.181
(c)(2) - (4)].
* Sec. 20. AS 28.15.271
(b) is amended to read:
(b) In addition to the fees under (a) of this section,
(1) a person who renews a driver's license by mail shall pay a fee of
$1;
(2) a person who applies for a limited driver's license under
AS 28.15.201
shall pay a fee of $100; and
(3) a person who applies for reinstatement of a driver's license under
AS 28.15.211
shall pay a fee of
(A) $100 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (C) of this paragraph, only
once; [OR]
(B) $250 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (D) of this paragraph, two
or more times;
(C) $200 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 only once; or
(D) $500 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 two or more times.
* Sec. 21. AS 28.15.291
is amended by adding a new subsection to read:
(d) Notwithstanding other provisions in this title, a municipality may adopt an
ordinance providing for the impoundment or forfeiture of a motor vehicle involved in
the commission of an offense described under this section or an ordinance with
elements substantially similar to an offense described under this section. An
ordinance adopted under this subsection may be more stringent than or the same as but
may not be less stringent than provisions under this title or regulations adopted under
this title.
* Sec. 22. AS 28.33.030
is amended to read:
Sec. 28.33.030. Operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. (a) A person commits the crime of operating a commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] if the person operates a commercial motor
vehicle
(1) while under the influence of an alcoholic beverage, inhalant,
[INTOXICATING LIQUOR] or any controlled substance;
(2) when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is 0.04 percent or more by weight of
alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of
blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's
breath; or
(3) while under the combined influence of an alcoholic beverage,
inhalant, [INTOXICATING LIQUOR] and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class
A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in
accordance with the minimum periods of imprisonment, fines, rehabilitative treatment,
and other provisions of AS 28.35.030
, as if the person had been convicted of a
violation of AS 28.35.030
. For purposes of sentencing, convictions for operating a
commercial motor vehicle while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under this section, and for
refusal to submit to a chemical test under AS 28.33.032
, if arising out of a single
transaction, are considered one previous conviction.
* Sec. 23. AS 28.33.031
(a) is amended to read:
(a) A person who operates a commercial motor vehicle in this state is
considered to have given consent to a chemical test or tests
(1) of the person's breath if lawfully arrested for an offense arising out
of acts alleged to have been committed when the person was operating the commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED]; the test or tests may be administered at the
direction of a law enforcement officer who has probable cause [REASONABLE
GROUNDS] to believe that the person was operating a commercial motor vehicle
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] in violation of AS 28.33.030
or AS 28.35.030
;
(2) of the person's breath and blood for the purpose of determining the
alcoholic content of the person's breath and blood and is considered to have given
consent to a chemical test or tests of the person's blood and urine for the purpose of
determining the presence of controlled substances in the person's blood and urine if
the person is involved in a motor vehicle accident that causes death or serious physical
injury to another person; the test or tests may be administered at the direction of a law
enforcement officer who has probable cause [REASONABLE GROUNDS] to
believe that the person was operating a commercial motor vehicle that was involved in
an accident causing death or serious physical injury to another person.
* Sec. 24. AS 28.33.031
(c) is amended to read:
(c) A person who operates a commercial motor vehicle is considered to have
given consent to a preliminary breath test, at the direction of a law enforcement
officer, for the purpose of determining the alcoholic content of the person's blood or
breath. A law enforcement officer may administer a preliminary breath test if the
officer has probable cause [REASONABLE GROUNDS] to believe that the person's
ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic
beverages and that
(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of AS 28.33.130
(a) or violated
the terms of an out-of-service order issued under AS 28.33.130
; or
(3) the person unlawfully operated a commercial motor vehicle; in this
paragraph, "unlawfully" means in violation of any federal, state, or municipal statute,
regulation, or ordinance.
* Sec. 25. AS 28.33.033
(a) is amended to read:
(a) Upon the trial of a civil or criminal action or proceedings arising out of
acts alleged to have been committed by a person operating a commercial motor
vehicle while under the influence of an alcoholic beverage [INTOXICATED] in
violation of AS 28.33.030
, the following rules apply with regard to the amount of
alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the
person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's
blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact
does not give rise to a presumption that the person was or was not under the influence
of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be
considered with other competent evidence in determining whether the person was
under the influence of an alcoholic beverage [INTOXICATING LIQUOR];
(2) if there was 0.04 percent or more by weight of alcohol in the
person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's
blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is
presumed that the person was under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 26. AS 28.33.033
(c) is amended to read:
(c) The provisions of (a) of this section may not be construed to limit the
introduction of any other competent evidence bearing upon the question of whether
the person was or was not under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 27. AS 28.33.140
(a) is amended to read:
(a) In addition to the court action provided in AS 28.15.181
, conviction of any
of the following offenses is grounds for immediate disqualification from driving a
commercial motor vehicle for the periods set out in this section:
(1) operating a commercial motor vehicle while under the influence
of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.33.030
;
(2) refusal to submit to a chemical test in violation of AS 28.35.032
;
(3) operating a motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.35.030
;
(4) leaving the scene of an accident in violation of AS 28.35.060
, or
failing to file, or providing false information in, an accident report in violation of
AS 28.35.110
;
(5) a felony under state or federal law, which was facilitated because
the person used a commercial motor vehicle;
(6) a serious traffic violation; or
(7) driving after being placed out of service in violation of regulations
adopted under AS 28.05.011
.
* Sec. 28. AS 28.35.030
(a) is amended to read:
(a) A person commits the crime of driving while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the
person operates or drives a motor vehicle or operates an aircraft or a watercraft
(1) while under the influence of an alcoholic beverage, intoxicating
liquor, inhalant, or any controlled substance;
(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 an alcoholic
beverage, an intoxicating liquor, an inhalant, and a controlled substance.
* Sec. 29. AS 28.35.030
(b) is amended to read:
(b) Except as provided under (n) of this section, driving while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] is a class A misdemeanor. Except as provided under (r) of this
section, upon [UPON] conviction,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (n) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (n) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (n) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (n) of this section;
(2) the court 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;
(B) suspend imposition of sentence;
(3) the court shall revoke the person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense to be forfeited under AS 28.35.036
;
(4) the court may, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or may order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
.
* Sec. 30. AS 28.35.030
(d) is amended to read:
(d) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(h) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRESENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 31. AS 28.35.030
(h) is amended to read:
(h) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (n) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 32. AS 28.35.030
(k) is amended to read:
(k) Imprisonment required under (b)(1)(A) or (B) of this section shall be
served at a community residential center or, if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (b)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (b)(1)(A) of this section shall perform at least 24
hours of community service work, and a person sentenced under (b)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 33. 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 [OF DRIVING WHILE INTOXICATED] and has been previously
convicted two or more times since January 1, 1996, and within the 10 [FIVE] years
preceding the date of the present offense. For purposes of determining minimum
sentences based on previous convictions, the provisions of (o)(4) of this section apply.
Except as provided under (r) of this section, upon [UPON] conviction, the court
(1) shall impose a fine of not less than $10,000 [$5,000] and a
minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 (p)
of this section [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,
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 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.
* Sec. 34. AS 28.35.030
(o) is amended to read:
(o) In this section,
(1) "inhalant" has the meaning given to the phrase "hazardous
volatile material or substance" in AS 47.37.270
; [REPEALED]
(2) "operate an aircraft" means to [USE,] navigate, pilot, or taxi an
aircraft in the airspace over this state, or upon the land or water inside this state;
(3) "operate a watercraft" means to navigate [OR USE] a vessel used
or capable of being used as a means of transportation on water for recreational or
commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial
limits or under the jurisdiction of the state;
(4) "previously convicted" means having been convicted in this or
another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE
PRESENT OFFENSE,] of any of the following offenses; however, convictions for any
of these offenses, if arising out of a single transaction and a single arrest, are
considered one previous conviction:
(A) operating a motor vehicle, aircraft, or watercraft while
under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED,] in violation of this section or in violation of
another law or ordinance with similar elements, except that the other law or
ordinance may provide for a lower level of alcohol in the person's blood or
breath than imposed under (a)(2) of this section;
(B) refusal to submit to a chemical test in violation of
AS 28.35.032
or in violation of another law or ordinance with similar
elements; or
(C) operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] in violation of AS 28.33.030
or in violation of another law
or ordinance with similar elements, except that the other law or ordinance may
provide for a lower level of alcohol in the person's blood or breath than
imposed under AS 28.33.030
(a)(2).
* Sec. 35. AS 28.35.030
is amended by adding new subsections to read:
(p) Upon request, the department shall review a driver's license revocation
imposed under (n)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(q) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(r) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(b)(1) or (n)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fines required under (b)(1) or
(n)(1) of this section.
(s) For purposes of this section, the director of the division within the
department responsible for administration of this section or a person designated by the
director may request and receive criminal justice information available under
AS 12.62. In this subsection, "criminal justice information" has the meaning given in
AS 12.62.900
.
* Sec. 36. AS 28.35.031
(a) is amended to read:
(a) A person who operates or drives a motor vehicle in this state or who
operates an aircraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(2)] or who
operates a watercraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(3)] shall be
considered to have given consent to a chemical test or tests of the person's breath for
the purpose of determining the alcoholic content of the person's blood or breath if
lawfully arrested for an offense arising out of acts alleged to have been committed
while the person was operating or driving a motor vehicle or operating an aircraft or a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280
for the offense of minor operating a vehicle after consuming alcohol. The test or tests
shall be administered at the direction of a law enforcement officer who has probable
cause [REASONABLE GROUNDS] to believe that the person was operating or
driving a motor vehicle or operating an aircraft or a watercraft in this state while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] or that the person was a minor operating a vehicle after consuming
alcohol.
* Sec. 37. AS 28.35.031
(b) is amended to read:
(b) A person who operates or drives a motor vehicle in this state or who
operates an aircraft or watercraft shall be considered to have given consent to a
preliminary breath test for the purpose of determining the alcoholic content of the
person's blood or breath. A law enforcement officer may administer a preliminary
breath test at the scene of the incident if the officer has probable cause
[REASONABLE GROUNDS] to believe that a person's ability to operate a motor
vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and
that the person
(1) was operating or driving a motor vehicle, aircraft, or watercraft that
is involved in an accident;
(2) committed a moving traffic violation or unlawfully operated an
aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any
federal, state, or municipal statute, regulation, or ordinance, except for violations that
do not provide reason to believe that the operator's ability to operate the aircraft or
watercraft was impaired by the ingestion of alcoholic beverages; or
(3) was operating or driving a motor vehicle in violation of
AS 28.35.029
(a).
* Sec. 38. AS 28.35.031
(g) is amended to read:
(g) A person who operates or drives a motor vehicle in this state shall be
considered to have given consent to a chemical test or tests of the person's breath and
blood for the purpose of determining the alcoholic content of the person's breath and
blood and shall be considered to have given consent to a chemical test or tests of the
person's blood and urine for the purpose of determining the presence of controlled
substances in the person's blood and urine if the person is involved in a motor vehicle
accident that causes death or serious physical injury to another person. The test or
tests may be administered at the direction of a law enforcement officer who has
probable cause [REASONABLE GROUNDS] to believe that the person was
operating or driving a motor vehicle in this state that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 39. AS 28.35.031
is amended by adding a new subsection to read:
(h) Nothing in this section shall be construed to restrict searches or seizures
under a warrant issued by a judicial officer, in addition to a test permitted under this
section.
* Sec. 40. AS 28.35.032
(a) is amended to read:
(a) If a person under arrest for operating a motor vehicle or aircraft while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(1) or AS 28.35.031
(a), or if a person
involved in a motor vehicle accident that causes death or serious physical injury to
another person refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(2) or AS 28.35.031
(g), after being
advised by the officer that the refusal will result in the denial or revocation of the
driver's license, privilege to drive, or privilege to obtain a license, that the refusal may
be used against the person in a civil or criminal action or proceeding arising out of an
act alleged to have been committed by the person while operating a motor vehicle or
aircraft while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that the refusal is a crime, a chemical test may not
be given, except as provided by AS 28.35.035
. If a person under arrest for operating a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] refuses the request of a law enforcement
officer to submit to a chemical test authorized under AS 28.35.031
(a), after being
advised by the officer that the refusal may be used against the person in a civil or
criminal action or proceeding arising out of an act alleged to have been committed by
the person while operating a watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal
is a crime, a chemical test may not be given, except as provided by AS 28.35.035
.
* Sec. 41. AS 28.35.032
(e) is amended to read:
(e) The refusal of a person to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) is admissible evidence in a civil or criminal
action or proceeding arising out of an act alleged to have been committed by the
person while operating or driving a motor vehicle or operating an aircraft or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED].
* Sec. 42. AS 28.35.032
(g) is amended to read:
(g) Except as provided under (t) of this section, upon [UPON] conviction
under this section,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 30 days, or not less than 20 days if the court
orders the person to perform 10 days of community service as authorized
under AS 12.55.055
, and a fine of not less than $3,000 [$500] if the person
has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (p) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (p) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (p) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (p) of this section;
(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 person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense be forfeited under AS 28.35.036
; [AND]
(4) the court may, if the person has been previously convicted
(A) order the motor vehicle, aircraft, or watercraft used in
the commission of the offense forfeited under AS 28.35.036
or may order
the motor vehicle, aircraft, or watercraft taken to the owner's residence or
property and immobilized for the period of time that the person's driver's
license is revoked; the court shall also require the person to pay any
administrative costs of keeping the motor vehicle, aircraft, or watercraft
immobilized; or
(B) two or more times, order the motor vehicle, aircraft, or
watercraft used in the commission of the offense forfeited under
AS 28.35.036
;
(5) the sentence imposed by the court under this subsection shall run
consecutively with any other sentence of imprisonment imposed on the person.
* Sec. 43. AS 28.35.032
(h) is amended to read:
(h) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(l) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment [BY A COURT IN SENTENCING A PERSON
CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE COURT IN
PREPARING A PRE-SENTENCE REPORT FOR THE USE OF THE COURT IN
SENTENCING A PERSON CONVICTED UNDER THIS SECTION].
* Sec. 44. AS 28.35.032
(j) is amended to read:
(j) For purposes of this section, convictions for operating or driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] under AS 28.33.030
or AS 28.35.030
and for refusal to submit to a
chemical test under this section, if arising out of a single transaction and a single
arrest, are considered one previous conviction.
* Sec. 45. AS 28.35.032
(l) is amended to read:
(l) The court shall order a person convicted under this section to satisfy the
screening, evaluation, referral, and program requirements of an alcohol safety action
program if such a program is available in the community where the person resides, or
a private or public treatment facility approved by the division of alcoholism and drug
abuse, of the Department of Health and Social Services, under AS 47.37
to make
referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person
is convicted under (p) of this section, the court shall order the person to be evaluated
as required by this subsection before the court imposes sentence for the offense.
Treatment required under this subsection shall occur, as much as possible, when
the person is incarcerated. The cost of treatment required under this subsection
shall be paid to the state by the person being treated. The cost of treatment
required to be paid to the state under this subsection may not exceed $10,000;
however, the cost of treatment must include at least $150 for the cost of an
alcohol safety action program if the program is available. Upon the person's
conviction, the court shall include reimbursement of the cost of treatment as a
part of the sentence. Except for reimbursement from a permanent fund dividend
as provided in this subsection, payment of the cost of treatment is not required if
the court determines the person is indigent. For costs of treatment that are not
paid by the person as required by this subsection, the state shall seek
reimbursement from the person's permanent fund dividend as provided in
AS 43.23.065
. This subsection does not apply to costs of treatment incurred by a
person if the cost is incurred as a result of treatment not required under this
subsection.
* Sec. 46. AS 28.35.032
(o) is amended to read:
(o) Imprisonment required under (g)(1)(A) or (B) of this section shall be
served at a community residential center, or if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
The cost of imprisonment resulting from the sentence imposed under (g)(1) of this
section shall be paid to the state by the person being sentenced provided, however, that
the cost of imprisonment required to be paid under this subsection may not exceed
$2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of
imprisonment as a part of the judgment of conviction. Except for reimbursement from
a permanent fund dividend as provided in this subsection, payment of the cost of
imprisonment is not required if the court determines the person is indigent. For costs
of imprisonment that are not paid by the person as required by this subsection, the
state shall seek reimbursement from the person's permanent fund dividend as provided
under AS 43.23.065
. While at the community residential center or other appropriate
place, a person sentenced under (g)(1)(A) of this section shall perform at least 24
hours of community service work and a person sentenced under (g)(1)(B) of this
section shall perform at least 160 hours of community service work, as required by the
director of the community residential center or other appropriate place. In this
subsection, "appropriate place" means a facility with 24-hour on-site staff supervision
that is specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 47. 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 since January 1, 1996,
and within the 10 [FIVE] years preceding the date of the present offense. For
purposes of determining minimum sentences based on previous convictions, the
provisions of AS 28.35.030
(o)(4) apply. Except as provided under (t) of this
section, upon [UPON] conviction,
(1) the court shall impose a fine of not less than $10,000 [$5,000] and
a minimum sentence of imprisonment of not less than
(A) 180 [120] days if the person has been previously convicted
twice;
(B) 360 [240] days if the person has been previously convicted
three times;
(C) 440 [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 permanently revoke the person's driver's license,
privilege to drive, or privilege to obtain a license subject to restoration under (r) of
this section [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
motor vehicle, [OR] aircraft, or watercraft used in the commission of the offense,
subject to remission under AS 28.35.037
; and
(7) 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, the department shall reissue the vehicle registration and omit
the name of the person convicted under this subsection.
* Sec. 48. AS 28.35.032
is amended by adding new subsections to read:
(r) Upon request, the department shall review a driver's license revocation
imposed under (p)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(s) If a person is convicted under this section and has been previously
convicted, the court shall order the person to surrender the registration plates for any
vehicle registered or co-registered in the person's name. The person shall surrender
the registration plates to the department by the close of the next business day. A
person other than the person convicted under this section who applies to register a
motor vehicle that has registration plates that were required to be surrendered under
this section but that were not surrendered as required by this subsection may not
register the vehicle unless the person registering the vehicle provides proof
satisfactory to the department that the person did not know that the registration plates
were required to be surrendered under this subsection or the person pays twice the
applicable registration fee required under AS 28.10.421
.
(t) The court may suspend
(1) a portion of the mandatory minimum sentence required under
(g)(1) or (p)(1) of this section if the court determines that the person has successfully
completed a therapeutic court program; and
(2) up to 50 percent of the minimum fine required under (g)(1) and
(p)(1) of this section.
* Sec. 49. 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 under the influence of an alcoholic
beverage, inhalant, or controlled substance [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 an
alcoholic beverage [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 an alcoholic beverage [INTOXICATING
LIQUOR], but that fact may be considered with other competent evidence in
determining whether the person was under the influence of an alcoholic beverage
[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 an alcoholic
beverage [INTOXICATING LIQUOR].
* Sec. 50. AS 28.35.033
(e) is amended to read:
(e) The person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of the person's own choosing administer a
chemical test in addition to the test administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a person does not
preclude the admission of evidence relating to the test taken at the direction of a law
enforcement officer; the fact that the person under arrest sought to obtain such an
additional test, and failed or was unable so to do, is likewise admissible in evidence.
The person who administers the chemical test shall clearly and expressly inform
the person tested of that person's right to an independent test described under
this subsection, and, if the person being tested requests an independent test, the
department shall make reasonable and good-faith efforts to assist the person
being tested in contacting a person qualified to perform an independent chemical
test of the person's breath or blood.
* Sec. 51. AS 28.35.035
(a) is amended to read:
(a) If a person is under arrest for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle, aircraft, or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that arrest results from an accident that causes
death or physical injury to another person, a chemical test may be administered
without the consent of the person arrested to determine the amount of alcohol in that
person's breath or blood or to determine the presence of controlled substances in that
person's blood and urine.
* Sec. 52. AS 28.35.036
(a) is amended to read:
(a) After conviction of an offense under AS 28.35.030
or 28.35.032, the court
[STATE] may [MOVE THE COURT TO] order the forfeiture of the motor vehicle,
[OR] aircraft, or watercraft involved in the commission of the offense if the
convicted person has been previously convicted in this or another jurisdiction [OF
MORE THAN ONE OF THE FOLLOWING OFFENSES] or has [MORE THAN
ONCE] been previously convicted of one of the following offenses:
(1) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under AS 28.35.030
or another
law or ordinance with substantially similar elements; or
(2) refusal to submit to a chemical test under AS 28.35.032
or another
law or ordinance with substantially similar elements.
* Sec. 53. AS 28.35.036
(e) is amended to read:
(e) If not released under AS 28.35.037
, a motor vehicle, aircraft, or
watercraft forfeited under this section may be disposed of at the discretion of the
Department of Public Safety. Disposal under this subsection includes, by way of
example and not of limitation,
(1) sale, as a unit or in parts, including sale at an auction, and the
proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of
Administration; or
(4) being destroyed.
* Sec. 54. AS 28.35.038
is amended to read:
Sec. 28.35.038. Municipal impoundment and forfeiture. Notwithstanding
other provisions in this title, a municipality may adopt an ordinance providing for the
impoundment or forfeiture of a motor vehicle [,] or aircraft [,] involved in the
commission of an offense under AS 28.35.030
, 28.35.032, or an ordinance with
elements substantially similar to AS 28.35.030
or 28.35.032. An ordinance adopted
under this section may include a fee for the administrative costs incurred by the
municipality and is not required to be consistent with this title or regulations adopted
under this title.
* Sec. 55. AS 28.35.039
(2) is amended to read:
(2) "alcohol safety action program" means a program for alcohol and
substance abuse screening, referral, and monitoring developed and implemented
or approved by the Department of Health and Social Services under AS 47.37
[DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL
SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM].
* Sec. 56. AS 47.37.040
(14) is amended to read:
(14) cooperate with the Department of Public Safety and the
Department of Transportation and Public Facilities in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and
approve alcohol information courses required to be taken by drivers under AS 28.15
or
made available to drivers to reduce points assessed for violation of traffic laws;
* Sec. 57. AS 47.37.040
is amended by adding a new paragraph to read:
(20) develop and implement, or designate, in cooperation with other
state or local agencies, an alcohol safety action program that provides alcohol and
substance abuse screening, referral, and monitoring services to persons who have been
referred by a court in connection with a charge or conviction of a misdemeanor
involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled
substance, or referred by an agency of the state with the responsibility for
administering motor vehicle laws in connection with a driver's license action involving
the use of alcohol or a controlled substance.
* Sec. 58. AS 47.37.130
(b) is amended to read:
(b) The program of the division must include
(1) emergency treatment provided by a facility affiliated with or part of
the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment; [AND]
(4) outpatient and follow-up treatment; and
(5) standards for alcohol safety action programs; the standards
may vary in their requirements and stringency according to the population, price
level, remoteness, access to transportation, and availability of ancillary services of
the area to be served; a program must meet the applicable standards before it is
approved by the division as an alcohol safety action program; the standards
required under this paragraph shall be established in a manner that provides
protection of the health, safety, and well-being of clients of the affected programs
and protection for the affected programs from exposure to malpractice and
liability actions.
* Sec. 59. AS 47.37.130
is amended by adding new subsections to read:
(h) The division shall
(1) inspect, on a regular basis, approved public and private alcohol
safety action programs at reasonable times and in a reasonable manner; and
(2) maintain a list of approved public and private alcohol safety action
programs.
(i) An approved public and private alcohol safety action program shall file
with the division on request data, statistics, schedules, and information that the
division reasonably requires. An approved program that fails without good cause to
furnish any data, statistics, schedules, or information as requested, or files fraudulent
returns of them, shall be removed from the list of approved programs.
(j) The director, after holding a hearing under the provisions of AS 44.62
(Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant
an approval for an alcohol safety action program for failure to meet standards
established under (b) of this section.
* Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to
read:
APPLICABILITY. (a) Section 6 of this Act applies to registration of a motor vehicle
that occurs on or after the effective date of this Act.
(b) This Act applies to offenses committed on or after the effective date of this Act,
except that references to previous convictions include convictions occurring before, on, or
after the effective date of this Act.
* Sec. 61. This Act takes effect July 1, 2001.
HB0004
SCS CSHB 4(FIN)
SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - SECOND SESSION
BY THE SENATE FINANCE COMMITTEE
Offered: 5/6/02
Referred: Rules
Sponsor(s): REPRESENTATIVES ROKEBERG, Croft, Meyer
A BILL
FOR AN ACT ENTITLED
"An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or
watercraft; and providing for an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section
to read:
FINDINGS AND INTENT. (a) The legislature finds that
(1) driving on state highways is a privilege granted to citizens;
(2) in order to keep the privilege of driving on state highways, a citizen must
follow state laws regarding safe driving;
(3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were
alcohol-related;
(4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were
alcohol-related;
(5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine
percent;
(6) Alaska ranks in the top 15 states in terms of alcohol-related traffic
fatalities;
(7) habitual offenders do most of the harm;
(8) district courts in Anchorage and Juneau have been applying therapeutic
court models to municipal offenders charged with driving while intoxicated and other alcohol-
related offenses;
(9) judges throughout Alaska have expressed interest in using therapeutic
court models to reduce recidivism among alcoholic offenders.
(b) It is the intent of this Act to
(1) reduce the number of alcohol-related traffic accidents and fatalities;
(2) encourage the effort described under (1) of this subsection by creating a
treatment process to be used by the court system;
(3) assist the development and operation of therapeutic courts approved by the
presiding judge in the judicial district by using the existing Alaska nonprofit corporation that
currently funds and coordinates the noncourt, community-related functions for the existing
Anchorage Wellness Court or other similar Alaska nonprofit corporation for offenders
charged with driving while intoxicated and other alcohol-related offenses; these functions
include case coordination, sobriety monitoring, and community liaison to provide medical
treatment and other services;
(4) modify the existing laws on impoundment and forfeiture of a motor
vehicle by following the municipal impoundment and forfeiture process established in
Anchorage and Fairbanks.
* Sec. 2. AS 09.60.070
(c)(14) is amended to read:
(14) driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] or another crime resulting from
the operation of a motor vehicle, boat, or airplane when the offender is under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED];
* Sec. 3. AS 12.25.033
is amended to read:
Sec. 12.25.033. Arrest without warrant for operating vehicle while under
the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. A peace officer may arrest a person without a warrant, whether
or not the offense is committed in the presence of the officer, when the officer has
probable cause to believe that the person to be arrested has committed the crime of
operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030
or a
similar city or borough ordinance, if the violation is alleged to have occurred less than
eight hours before the time of arrest.
* Sec. 4. AS 12.55.125
(c) is amended to read:
(c) A defendant convicted of a class A felony may be sentenced to a definite
term of imprisonment of not more than 20 years, and shall be sentenced to the
following presumptive terms, subject to adjustment as provided in AS 12.55.155
-
12.55.175:
(1) if the offense is a first felony conviction and does not involve
circumstances described in (2) of this subsection, five years;
(2) if the offense is a first felony conviction
(A) other than for manslaughter and the defendant possessed a
firearm, used a dangerous instrument, or caused serious physical injury during
the commission of the offense, or knowingly directed the conduct constituting
the offense at a uniformed or otherwise clearly identified peace officer, fire
fighter, correctional employee, emergency medical technician, paramedic,
ambulance attendant, or other emergency responder who was engaged in the
performance of official duties at the time of the offense, seven years;
(B) for manslaughter and the conduct resulting in the
conviction was knowingly directed towards a child under the age of 16, seven
years;
(C) for manslaughter and the conduct resulting in the
conviction involved driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance, seven years;
(3) if the offense is a second felony conviction, 10 years;
(4) if the offense is a third felony conviction and the defendant is not
subject to sentencing under (l) of this section, 15 years.
* Sec. 5. AS 18.67.101
is amended to read:
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The
board may order the payment of compensation in accordance with the provisions of
this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police
officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the
applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm; or
(J) driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] or another
crime resulting from the operation of a motor vehicle, boat, or airplane when
the offender is under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED].
* Sec. 6. AS 28.01
is amended by adding a new section to read:
Sec. 28.01.015. Municipal impoundment and forfeiture. (a)
Notwithstanding other provisions in this title, a municipality may adopt an ordinance
providing for the impoundment or forfeiture of a
(1) motor vehicle, watercraft, or aircraft involved in the commission of
an offense under AS 28.35.030
, 28.35.032, or an ordinance with elements substantially
similar to AS 28.35.030
or 28.35.032;
(2) motor vehicle involved in the commission of an offense under
AS 28.15.291
or an ordinance with elements similar to AS 28.15.291
;
(3) motor vehicle used by a person whose license is suspended under
AS 28.22.041
; or
(4) motor vehicle used by a person who fails to carry proof of
insurance as required under AS 28.22.019
.
(b) An ordinance adopted under (a) of this section may
(1) include a fee for the administrative costs incurred by the
municipality; and
(2) be more stringent than or the same as but may not be less stringent
than applicable provisions under this title or regulations adopted under this title.
* Sec. 7. AS 28.10.041
is amended by adding a new subsection to read:
(d) The department shall refuse to register a vehicle if the applicant fails to
register the vehicle using the applicant's full first, middle, and last name or a business
name.
* Sec. 8. AS 28.15.046
(d) is amended to read:
(d) The department may not issue a license to an applicant who has been
convicted of driving while under the influence of an alcoholic beverage, inhalant,
or controlled substance [INTOXICATED] under AS 28.35.030
within two years of
the time of application or to an applicant who has two or more convictions for driving
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] within 10 years of the time of application.
* Sec. 9. AS 28.15.081
(a) is amended to read:
(a) The department shall examine every applicant for a driver's license. The
examination must include a test of the applicant's (1) eyesight, (2) ability to read and
understand official traffic control devices, (3) knowledge of safe driving practices, (4)
knowledge of the effects of alcohol and drugs on drivers and the dangers of driving
under the influence of alcohol or drugs, (5) knowledge of the laws on driving while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED], (6) knowledge of the laws on financial responsibility and
mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and
regulations of the state. The examination may include a demonstration of ability to
exercise ordinary and reasonable control in the driving of a motor vehicle of the type
and general class of vehicles for which the applicant seeks a license. However, an
applicant who has not been previously issued a driver's license by this or another
jurisdiction shall demonstrate ability and shall present medical information that the
department reasonably requires to determine fitness to safely drive a motor vehicle of
the type and general class of vehicles for which the applicant seeks a license.
* Sec. 10. AS 28.15.165
(c) is amended to read:
(c) Unless the person has obtained a temporary permit or stay of a
departmental action under AS 28.15.166
, if the chemical test administered under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) produced a result described in
AS 28.35.030
(a)(2) or the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g), the department shall revoke the person's
license, privilege to drive, or privilege to obtain a license, shall refuse to issue an
original license, and, if the chemical test administered under AS 28.33.031
(a)
produced a result described in AS 28.33.030
(a)(2) or the person refused to submit to a
chemical test authorized under AS 28.33.031
(a), shall disqualify the person. The
department's action takes effect seven days after delivery to the person of the notice
required under (a) of this section, and after receipt of a sworn report of a law
enforcement officer
(1) that a chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2), that a
chemical test administered under AS 28.33.031
(a) produced a result described in
AS 28.33.030
(a)(2), or that a person refused to submit to a chemical test authorized
under AS 28.33.031
(a) or AS 28.35.031
(a) or (g);
(2) that notice under (a) of this section was provided to the person; and
(3) describing the
(A) circumstances surrounding the arrest and the grounds for
the officer's belief that the person operated a motor vehicle, commercial motor
vehicle, or aircraft while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
; or
(B) grounds for the officer's belief that the person operated a
motor vehicle or commercial motor vehicle that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 11. AS 28.15.166
(g) is amended to read:
(g) The hearing for review of action by the department under AS 28.15.165
shall be limited to the issues of whether the law enforcement officer had probable
cause [REASONABLE GROUNDS] to believe that the person was operating a motor
vehicle or commercial motor vehicle that was involved in an accident causing death or
serious physical injury to another, or that the person was operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED] in violation of
AS 28.33.030
or AS 28.35.030
and whether
(1) the person refused to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) after being advised that refusal would
result in disqualification or the suspension, revocation, or denial of the person's
license, privilege to drive, or privilege to obtain a license, and that the refusal is a
misdemeanor;
(2) the chemical test administered under AS 28.33.031
(a) or
AS 28.35.031
(a) or (g) produced a result described in AS 28.35.030
(a)(2); or
(3) the chemical test administered under AS 28.33.031
(a) produced a
result described in AS 28.33.030
(a)(2).
* Sec. 12. AS 28.15.181
(a) is amended to read:
(a) Conviction of any of the following offenses is grounds for the immediate
revocation of a driver's license, privilege to drive, or privilege to obtain a license:
(1) manslaughter or negligent homicide resulting from driving a motor
vehicle;
(2) a felony in the commission of which a motor vehicle is used;
(3) failure to stop and give aid as required by law when a motor
vehicle accident results in the death or personal injury of another;
(4) perjury or making a false affidavit or statement under oath to the
department under a law relating to motor vehicles;
(5) operating a motor vehicle or aircraft while under the influence of
an alcoholic beverage, inhalant, or controlled substance [INTOXICATED];
(6) reckless driving;
(7) using a motor vehicle in unlawful flight to avoid arrest by a peace
officer;
(8) refusal to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) while under arrest for operating a motor vehicle,
commercial motor vehicle, or aircraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], or authorized under
AS 28.35.031
(g);
(9) driving while license, privilege to drive, or privilege to obtain a
license, canceled, suspended, or revoked, or in violation of a limitation;
(10) vehicle theft in the first degree in violation of AS 11.46.360
or
vehicle theft in the second degree in violation of AS 11.46.365
.
* Sec. 13. AS 28.15.181
(c) is amended to read:
(c) A court convicting a person of an offense described in (a)(5) or (8) of this
section arising out of the operation of a motor vehicle, commercial motor vehicle, or
aircraft shall revoke that person's driver's license, privilege to drive, or privilege to
obtain a license. The revocation may be concurrent with or consecutive to an
administrative revocation under AS 28.15.165
. The court may not, except as provided
in AS 28.15.201
, grant limited license privileges during the minimum period of
revocation. Except as provided under AS 28.35.030
(n)(3) and 28.35.032(p)(3), the
[THE] minimum periods of revocation are [:]
(1) not less than 90 days if the person has not been previously
convicted;
(2) not less than one year if the person has been previously convicted
once;
(3) not less than 3 years if the person has been previously convicted
twice;
(4) not less than 5 years if the person has been previously convicted
more than twice.
* Sec. 14. AS 28.15.191
(a) is amended to read:
(a) A court that convicts a person of an offense under this title or a regulation
adopted under this title, or another law or regulation of this state, or a municipal
ordinance that regulates the driving of vehicles, shall forward a record of the
conviction to the department within five working days. A conviction of a standing or
parking offense need not be reported.
* Sec. 15. AS 28.15.201
(d) is amended to read:
(d) A court revoking a driver's license, privilege to drive, or privilege to obtain
a license under AS 28.15.181
(c), or the department when revoking a driver's license,
privilege to drive, or privilege to obtain a license under AS 28.15.165
(c), may grant
limited license privileges for the final 60 days during which the license is revoked if
(1) the revocation was for a misdemeanor conviction under
AS 28.35.030
(a) [VIOLATION OF AS 28.15.181
(a)(5)] and not for a violation of
AS 28.35.032
[AS 28.15.181
(a)(8)];
(2) the person has not been previously convicted; in this paragraph,
"previously convicted" has the meaning given in AS 28.35.030
and also includes
convictions based on laws presuming that the person was under the influence of
intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the
person's blood;
(3) the court or the department determines that the person's ability to
earn a livelihood would be severely impaired without a limited license;
(4) the court or the department determines that a limitation under (a) of
this section can be placed on the license that will enable the person to earn a livelihood
without excessive danger to the public; and
(5) the court or the department determines that the person is enrolled in
and is in compliance with, or has successfully completed the [, AN] alcoholism
screening, evaluation, referral, and [EDUCATION AND REHABILITATION
TREATMENT] program requirements of the Department of Health and Social
Services under AS 28.35.030
(h).
* Sec. 16. AS 28.15.211
(d) is amended to read:
(d) At the end of a period of revocation or limitation following a revocation, a
person whose driver's license has been revoked may apply to the department for the
issuance of a new license, but shall submit to reexamination, pay all required fees
including a reinstatement fee, and, if the license was revoked under
AS 28.15.181
(a)(5) or (8), submit proof to the court or the department that the
person has met the alcoholism screening, evaluation, referral, and program
requirements of the Department of Health and Social Services under
AS 28.35.030
(h) [OF
(1) ENROLLMENT IN AND COMPLIANCE WITH OR
COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION
TREATMENT PROGRAM APPROVED UNDER AS 47.37
IF THE PERSON WAS
SENTENCED UNDER AS 28.15.181
(c)(1); OR
(2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM
EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED
UNDER AS 47.37
IF THE PERSON WAS CONVICTED UNDER
AS 28.15.181
(c)(2) - (4)].
* Sec. 17. AS 28.15.271
(b) is amended to read:
(b) In addition to the fees under (a) of this section,
(1) a person who renews a driver's license by mail shall pay a fee of
$1;
(2) a person who applies for a limited driver's license under
AS 28.15.201
shall pay a fee of $100; and
(3) a person who applies for reinstatement of a driver's license under
AS 28.15.211
shall pay a fee of
(A) $100 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (C) of this paragraph, only
once; [OR]
(B) $250 if the person's driver's license has, within the 10 years
preceding the application, been suspended, revoked, or limited under the
provisions of this chapter, except as provided by (D) of this paragraph, two
or more times;
(C) $200 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 only once; or
(D) $500 if the person's driver's license has, within the 10
years preceding the application, been revoked under AS 28.35.030
or
28.35.032 two or more times.
* Sec. 18. AS 28.15.291
(b) is amended to read:
(b) Upon conviction under (a) of this section, the court
(1) shall impose a minimum sentence of imprisonment
(A) if the person has not been previously convicted, of not less
than 10 days with 10 days suspended, including a mandatory condition of
probation that the defendant complete not less than 80 hours of community
work service;
(B) if the person has been previously convicted, of not less than
10 days;
(C) if the person's driver's license, privilege to drive, or
privilege to obtain a license was revoked under circumstances described in
AS 28.15.181
(c)(1), or if the person was driving in violation of a limited
license issued under AS 28.15.201
(d) following that revocation, of not less
than 20 days with 10 days suspended, and a fine of not less than $500,
including a mandatory condition of probation that the defendant complete not
less than 80 hours of community work service;
(D) if the person's driver's license, privilege to drive, or
privilege to obtain a license was revoked under circumstances described in
AS 28.15.181
(c)(2), (3), or (4) or if the person was driving in violation of a
limited license issued under AS 28.15.201
(d) following that revocation, of not
less than 30 days and a fine of not less than $1,000;
(2) may impose additional conditions of probation;
(3) may not
(A) suspend execution of sentence or grant probation except on
condition that the person serve a minimum term of imprisonment and perform
required community work service as provided in (1) of this subsection;
(B) suspend imposition of sentence; [AND]
(4) shall revoke the person's license, privilege to drive, or privilege to
obtain a license, and the person may not be issued a new license or a limited license
nor may the privilege to drive or obtain a license be restored for an additional period
of not less than 90 days after the date that the person would have been entitled to
restoration of driving privileges; and
(5) may order that the motor vehicle that was used in commission
of the offense be forfeited under AS 28.35.036
.
* Sec. 19. AS 28.20.230
is amended by adding a new subsection to read:
(c) Notwithstanding any other provisions of this chapter, a person convicted of
driving under the influence of an alcoholic beverage, inhalant, or controlled substance
in violation of AS 28.35.030
, or convicted of refusal to submit to a chemical test of
breath under AS 28.35.032
, shall maintain proof of financial responsibility for the
future for (1) five years if the person has not been previously convicted; (2) 10 years if
the person has been previously convicted once; (3) 20 years if the person has been
previously convicted twice; (4) for as long as the person is licensed to drive under
AS 28.15
if the person has been previously convicted three or more times. In this
subsection, "previously convicted" has the meaning given in AS 28.35.030
.
* Sec. 20. AS 28.22
is amended by adding a new section to read:
Sec. 28.22.019. Proof of insurance to be carried and exhibited on demand.
(a) A person shall have proof of motor vehicle liability insurance in the person's
immediate possession at all times when driving a motor vehicle, and shall present the
proof for inspection upon the demand of a peace officer or other authorized
representative of the Department of Public Safety. However, a person charged with
violating this section may not be convicted if the person produces in court or in the
office of the arresting or citing officer proof of motor vehicle liability insurance
previously issued to the person that was valid at the time of the person's arrest or
citation.
(b) A municipality may adopt an ordinance
(1) requiring a person to display a decal on the person's motor vehicle
indicating compliance with (a) of this section; or
(2) that is substantially similar to (a) of this section and may impose a
penalty for violating the ordinance as provided under AS 29.25.070
.
(c) In this section, "proof" means a copy of the insurance policy or certificate
of self-insurance that is in effect or a printed card or electronic certification from an
insurance company, insurance agent, insurance broker, or surplus lines broker that a
policy that complies with AS 28.22.011
is in effect.
* Sec. 21. AS 28.33.030
is amended to read:
Sec. 28.33.030. Operating a commercial motor vehicle while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED]. (a) A person commits the crime of operating a commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] if the person operates a commercial motor
vehicle
(1) while under the influence of an alcoholic beverage, inhalant,
[INTOXICATING LIQUOR] or any controlled substance;
(2) when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is 0.04 percent or more by weight of
alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of
blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's
breath; or
(3) while under the combined influence of an alcoholic beverage,
inhalant, [INTOXICATING LIQUOR] and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] is a class
A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in
accordance with the minimum periods of imprisonment, fines, rehabilitative treatment,
and other provisions of AS 28.35.030
, as if the person had been convicted of a
violation of AS 28.35.030
. For purposes of sentencing, convictions for operating a
commercial motor vehicle while under the influence of an alcoholic beverage,
inhalant, or controlled substance [INTOXICATED] under this section, and for
refusal to submit to a chemical test under AS 28.33.032
, if arising out of a single
transaction, are considered one previous conviction.
* Sec. 22. AS 28.33.031
(a) is amended to read:
(a) A person who operates a commercial motor vehicle in this state is
considered to have given consent to a chemical test or tests
(1) of the person's breath if lawfully arrested for an offense arising out
of acts alleged to have been committed when the person was operating the commercial
motor vehicle while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED]; the test or tests may be administered at the
direction of a law enforcement officer who has probable cause [REASONABLE
GROUNDS] to believe that the person was operating a commercial motor vehicle
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED] in violation of AS 28.33.030
or AS 28.35.030
;
(2) of the person's breath and blood for the purpose of determining the
alcoholic content of the person's breath and blood and is considered to have given
consent to a chemical test or tests of the person's blood and urine for the purpose of
determining the presence of controlled substances in the person's blood and urine if
the person is involved in a motor vehicle accident that causes death or serious physical
injury to another person; the test or tests may be administered at the direction of a law
enforcement officer who has probable cause [REASONABLE GROUNDS] to
believe that the person was operating a commercial motor vehicle that was involved in
an accident causing death or serious physical injury to another person.
* Sec. 23. AS 28.33.031
(c) is amended to read:
(c) A person who operates a commercial motor vehicle is considered to have
given consent to a preliminary breath test, at the direction of a law enforcement
officer, for the purpose of determining the alcoholic content of the person's blood or
breath. A law enforcement officer may administer a preliminary breath test if the
officer has probable cause [REASONABLE GROUNDS] to believe that the person's
ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic
beverages and that
(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of AS 28.33.130
(a) or violated
the terms of an out-of-service order issued under AS 28.33.130
; or
(3) the person unlawfully operated a commercial motor vehicle; in this
paragraph, "unlawfully" means in violation of any federal, state, or municipal statute,
regulation, or ordinance.
* Sec. 24. AS 28.33.033
(a) is amended to read:
(a) Upon the trial of a civil or criminal action or proceedings arising out of
acts alleged to have been committed by a person operating a commercial motor
vehicle while under the influence of an alcoholic beverage [INTOXICATED] in
violation of AS 28.33.030
, the following rules apply with regard to the amount of
alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the
person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's
blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact
does not give rise to a presumption that the person was or was not under the influence
of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be
considered with other competent evidence in determining whether the person was
under the influence of an alcoholic beverage [INTOXICATING LIQUOR];
(2) if there was 0.04 percent or more by weight of alcohol in the
person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's
blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is
presumed that the person was under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 25. AS 28.33.033
(c) is amended to read:
(c) The provisions of (a) of this section may not be construed to limit the
introduction of any other competent evidence bearing upon the question of whether
the person was or was not under the influence of an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 26. AS 28.33.140
(a) is amended to read:
(a) In addition to the court action provided in AS 28.15.181
, conviction of any
of the following offenses is grounds for immediate disqualification from driving a
commercial motor vehicle for the periods set out in this section:
(1) operating a commercial motor vehicle while under the influence
of an alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.33.030
;
(2) refusal to submit to a chemical test in violation of AS 28.35.032
;
(3) operating a motor vehicle while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] in
violation of AS 28.35.030
;
(4) leaving the scene of an accident in violation of AS 28.35.060
, or
failing to file, or providing false information in, an accident report in violation of
AS 28.35.110
;
(5) a felony under state or federal law, which was facilitated because
the person used a commercial motor vehicle;
(6) a serious traffic violation; or
(7) driving after being placed out of service in violation of regulations
adopted under AS 28.05.011
.
* Sec. 27. AS 28.35.030
(a) is amended to read:
(a) A person commits the crime of driving while under the influence of an
alcoholic beverage, inhalant, or controlled substance [INTOXICATED] if the
person operates or drives a motor vehicle or operates an aircraft or a watercraft
(1) while under the influence of an alcoholic beverage, intoxicating
liquor, inhalant, or any controlled substance;
(2) when, as determined by a chemical test taken within four hours
after the alleged offense was committed, there is 0.08 percent or more by weight of
alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of
blood, or when there is 0.08 grams or more of alcohol per 210 liters of the person's
breath; or
(3) while the person is under the combined influence of an alcoholic
beverage, an intoxicating liquor, an inhalant, and a controlled substance.
* Sec. 28. AS 28.35.030
(b) is amended to read:
(b) Except as provided under (n) of this section, driving while under the
influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] is a class A misdemeanor. Except as provided under (q) of this
section, upon [UPON] conviction,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 20 days and a fine of not less than $3,000
[$500] if the person has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (n) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (n) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (n) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (n) of this section;
(2) the court 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;
(B) suspend imposition of sentence;
(3) the court shall revoke the person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense [TO] be forfeited under AS 28.35.036
; and
(4) the court 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.
* Sec. 29. AS 28.35.030
(d) is amended to read:
(d) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(h) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment, including use by a court in sentencing a person convicted
under this section, or by an officer of the court in preparing a presentence report for
the use of the court in sentencing a person convicted under this section.
* Sec. 30. AS 28.35.030
(k) is amended to read:
(k) Imprisonment required under (b)(1)(A) [OR (B)] of this section shall be
served at a community residential center or, if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
Imprisonment required under (b)(1)(B) - (F) of this section may be served at a
community residential center or at a private residence if approved by the
commissioner of corrections. Imprisonment served at a private residence must
include electronic monitoring. The cost of imprisonment resulting from the sentence
imposed under (b)(1) of this section shall be paid to the state by the person being
sentenced provided, however, that the cost of imprisonment required to be paid under
this subsection may not exceed $2,000 [$1,000]. Upon the person's conviction, the
court shall include the costs of imprisonment as a part of the judgment of conviction.
Except for reimbursement from a permanent fund dividend as provided in this
subsection, payment of the cost of imprisonment is not required if the court determines
the person is indigent. For costs of imprisonment that are not paid by the person as
required by this subsection, the state shall seek reimbursement from the person's
permanent fund dividend as provided under AS 43.23.065
. While at the community
residential center or other appropriate place, a person sentenced under (b)(1)(A) of this
section shall perform at least 24 hours of community service work. A [AND A]
person sentenced under (b)(1)(B) of this section shall perform at least 160 hours of
community service work, as required by the director of the community residential
center or other appropriate place, or as required by the commissioner of corrections
if the sentence is being served at a private residence. In this subsection,
"appropriate place" means a facility with 24-hour on-site staff supervision that is
specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 31. 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
(o)(4) of this section apply. Upon conviction, the court
(1) shall impose a fine of not less than $10,000 [$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;
(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 (p)
of this section [UNDER AS 28.15.181
(c)];
(4) may order [AS A CONDITION OF PROBATION OR PAROLE]
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; [AND]
(5) shall [MAY ALSO] 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 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.
* Sec. 32. AS 28.35.030
(o) is amended to read:
(o) In this section,
(1) "inhalant" has the meaning given to the phrase "hazardous
volatile material or substance" in AS 47.37.270
; [REPEALED]
(2) "operate an aircraft" means to navigate, pilot, or taxi an aircraft in
the airspace over this state, or upon the land or water inside this state;
(3) "operate a watercraft" means to navigate a vessel used or capable
of being used as a means of transportation on water for recreational or commercial
purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or
under the jurisdiction of the state;
(4) "previously convicted" means having been convicted in this or
another jurisdiction of any of the following offenses; however, convictions for any of
these offenses, if arising out of a single transaction and a single arrest, are considered
one previous conviction:
(A) operating a motor vehicle, aircraft, or watercraft [WHILE
INTOXICATED,] in violation of this section or in violation of another law or
ordinance with similar elements, except that the other law or ordinance may
provide for a lower level of alcohol in the person's blood or breath than
imposed under (a)(2) of this section;
(B) refusal to submit to a chemical test in violation of
AS 28.35.032
or in violation of another law or ordinance with similar
elements; or
(C) operating a commercial motor vehicle [WHILE
INTOXICATED] in violation of AS 28.33.030
or in violation of another law
or ordinance with similar elements, except that the other law or ordinance may
provide for a lower level of alcohol in the person's blood or breath than
imposed under AS 28.33.030
(a)(2).
* Sec. 33. AS 28.35.030
is amended by adding new subsections to read:
(p) Upon request, the department shall review a driver's license revocation
imposed under (n)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(q) If the court determines that the person has successfully completed a court-
ordered treatment program, the court may suspend up to 75 percent of the mandatory
minimum sentence required under (b)(1) of this section and up to 50 percent of the
minimum fines required under (b)(1) of this section. This subsection does not apply to
a person who has already participated in a court-ordered treatment program two or
more times. In this subsection, "court-ordered treatment" means a treatment program
for a person who consumes alcohol or drugs and that
(1) requires participation for at least 18 consecutive months;
(2) includes planning and treatment for alcohol or drug addiction;
(3) includes emphasis on personal responsibility;
(4) provides in-court recognition of progress and sanctions for
relapses;
(5) requires payment of restitution to victims and completion of
community work service;
(6) includes physician approved treatment of physical addiction and
treatment of the psychological causes of addiction;
(7) includes a monitoring program and physical placement or housing;
and
(8) requires adherence to conditions of probation.
(r) For purposes of this section, the director of the division within the
department responsible for administration of this section or a person designated by the
director may request and receive criminal justice information available under
AS 12.62. In this subsection, "criminal justice information" has the meaning given in
AS 12.62.900
.
* Sec. 34. AS 28.35.031
(a) is amended to read:
(a) A person who operates or drives a motor vehicle in this state or who
operates an aircraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(2)] or who
operates a watercraft as defined in AS 28.35.030
(o) [AS 28.35.030
(o)(3)] shall be
considered to have given consent to a chemical test or tests of the person's breath for
the purpose of determining the alcoholic content of the person's blood or breath if
lawfully arrested for an offense arising out of acts alleged to have been committed
while the person was operating or driving a motor vehicle or operating an aircraft or a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] or if lawfully arrested under AS 28.35.280
for the offense of minor operating a vehicle after consuming alcohol. The test or tests
shall be administered at the direction of a law enforcement officer who has probable
cause [REASONABLE GROUNDS] to believe that the person was operating or
driving a motor vehicle or operating an aircraft or a watercraft in this state while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] or that the person was a minor operating a vehicle after consuming
alcohol.
* Sec. 35. AS 28.35.031
(b) is amended to read:
(b) A person who operates or drives a motor vehicle in this state or who
operates an aircraft or watercraft shall be considered to have given consent to a
preliminary breath test for the purpose of determining the alcoholic content of the
person's blood or breath. A law enforcement officer may administer a preliminary
breath test at the scene of the incident if the officer has probable cause
[REASONABLE GROUNDS] to believe that a person's ability to operate a motor
vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and
that the person
(1) was operating or driving a motor vehicle, aircraft, or watercraft that
is involved in an accident;
(2) committed a moving traffic violation or unlawfully operated an
aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any
federal, state, or municipal statute, regulation, or ordinance, except for violations that
do not provide reason to believe that the operator's ability to operate the aircraft or
watercraft was impaired by the ingestion of alcoholic beverages; or
(3) was operating or driving a motor vehicle in violation of
AS 28.35.029
(a).
* Sec. 36. AS 28.35.031
(g) is amended to read:
(g) A person who operates or drives a motor vehicle in this state shall be
considered to have given consent to a chemical test or tests of the person's breath and
blood for the purpose of determining the alcoholic content of the person's breath and
blood and shall be considered to have given consent to a chemical test or tests of the
person's blood and urine for the purpose of determining the presence of controlled
substances in the person's blood and urine if the person is involved in a motor vehicle
accident that causes death or serious physical injury to another person. The test or
tests may be administered at the direction of a law enforcement officer who has
probable cause [REASONABLE GROUNDS] to believe that the person was
operating or driving a motor vehicle in this state that was involved in an accident
causing death or serious physical injury to another person.
* Sec. 37. AS 28.35.032
(a) is amended to read:
(a) If a person under arrest for operating a motor vehicle or aircraft while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED] refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(1) or AS 28.35.031
(a), or if a person
involved in a motor vehicle accident that causes death or serious physical injury to
another person refuses the request of a law enforcement officer to submit to a
chemical test authorized under AS 28.33.031
(a)(2) or AS 28.35.031
(g), after being
advised by the officer that the refusal will result in the denial or revocation of the
driver's license, privilege to drive, or privilege to obtain a license, that the refusal may
be used against the person in a civil or criminal action or proceeding arising out of an
act alleged to have been committed by the person while operating a motor vehicle or
aircraft while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that the refusal is a crime, a chemical test may not
be given, except as provided by AS 28.35.035
. If a person under arrest for operating a
watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance [INTOXICATED] refuses the request of a law enforcement
officer to submit to a chemical test authorized under AS 28.35.031
(a), after being
advised by the officer that the refusal may be used against the person in a civil or
criminal action or proceeding arising out of an act alleged to have been committed by
the person while operating a watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance [INTOXICATED], and that the refusal
is a crime, a chemical test may not be given, except as provided by AS 28.35.035
.
* Sec. 38. AS 28.35.032
(e) is amended to read:
(e) The refusal of a person to submit to a chemical test authorized under
AS 28.33.031
(a) or AS 28.35.031
(a) or (g) is admissible evidence in a civil or criminal
action or proceeding arising out of an act alleged to have been committed by the
person while operating or driving a motor vehicle or operating an aircraft or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED].
* Sec. 39. AS 28.35.032
(g) is amended to read:
(g) Except as provided under (s) of this section, upon [UPON] conviction
under this section,
(1) the court shall impose a minimum sentence of imprisonment of
(A) not less than 72 consecutive hours and a fine of not less
than $1,500 [$250] if the person has not been previously convicted;
(B) not less than 20 days and a fine of not less than $3,000
[$500] if the person has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000
[$1,000] if the person has been previously convicted twice and is not subject to
punishment under (p) of this section;
(D) not less than 120 days and a fine of not less than $5,000
[$2,000] if the person has been previously convicted three times and is not
subject to punishment under (p) of this section;
(E) not less than 240 days and a fine of not less than $6,000
[$3,000] if the person has been previously convicted four times and is not
subject to punishment under (p) of this section;
(F) not less than 360 days and a fine of not less than $7,000
[$4,000] if the person has been previously convicted more than four times and
is not subject to punishment under (p) of this section;
(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 person's driver's license, privilege to
drive, or privilege to obtain a license under AS 28.15.181
, and may order that the
motor vehicle, [OR] aircraft, or watercraft that was used in commission of the
offense be forfeited under AS 28.35.036
; [AND]
(4) the court 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; and
(5) the sentence imposed by the court under this subsection shall run
consecutively with any other sentence of imprisonment imposed on the person.
* Sec. 40. AS 28.35.032
(h) is amended to read:
(h) Except as prohibited by federal law or regulation, every provider of
treatment programs to which persons are ordered under [(l) OF] this section shall
supply the judge, prosecutor, defendant, and an agency involved in the
defendant's treatment with information and reports concerning the defendant's
past and present assessment, treatment, and progress [ALASKA COURT
SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND
TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY
REQUIRE BY RULE]. Information compiled under this subsection is confidential
and may only be used in connection with court proceedings involving the
defendant's treatment, including use by a court in sentencing a person convicted
under this section, or by an officer of the court in preparing a pre-sentence report for
the use of the court in sentencing a person convicted under this section.
* Sec. 41. AS 28.35.032
(j) is amended to read:
(j) For purposes of this section, convictions [FOR OPERATING OR
DRIVING WHILE INTOXICATED] under AS 28.33.030
or AS 28.35.030
and for
refusal to submit to a chemical test under this section, if arising out of a single
transaction and a single arrest, are considered one previous conviction.
* Sec. 42. AS 28.35.032
(o) is amended to read:
(o) Imprisonment required under (g)(1)(A) [OR (B)] of this section shall be
served at a community residential center, or if a community residential center is not
available, at another appropriate place determined by the commissioner of corrections.
Imprisonment required under (g)(1)(B) - (F) of this section may be served at a
community residential center or at a private residence if approved by the
commissioner of corrections. Imprisonment served at a private residence must
include electronic monitoring. The cost of imprisonment resulting from the sentence
imposed under (g)(1) of this section shall be paid to the state by the person being
sentenced provided, however, that the cost of imprisonment required to be paid under
this subsection may not exceed $2,000 [$1,000]. Upon the person's conviction, the
court shall include the costs of imprisonment as a part of the judgment of conviction.
Except for reimbursement from a permanent fund dividend as provided in this
subsection, payment of the cost of imprisonment is not required if the court determines
the person is indigent. For costs of imprisonment that are not paid by the person as
required by this subsection, the state shall seek reimbursement from the person's
permanent fund dividend as provided under AS 43.23.065
. While at the community
residential center or other appropriate place, a person sentenced under (g)(1)(A) of this
section shall perform at least 24 hours of community service work. A [AND A]
person sentenced under (g)(1)(B) of this section shall perform at least 160 hours of
community service work, as required by the director of the community residential
center or other appropriate place, or as required by the commissioner of corrections
if the sentence is being served at a private residence. In this subsection,
"appropriate place" means a facility with 24-hour on-site staff supervision that is
specifically adapted to provide a residence, and includes a correctional center,
residential treatment facility, hospital, halfway house, group home, work farm, work
camp, or other place that provides varying levels of restriction.
* Sec. 43. 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 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
AS 28.35.030
(o)(4) apply. Upon conviction,
(1) the court shall impose a fine of not less than $10,000 [$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;
(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 permanently revoke the person's driver's license,
privilege to drive, or privilege to obtain a license subject to restoration under (r) of
this section [UNDER AS 28.15.181
(c)];
(4) the court may order [AS A CONDITION OF PROBATION OR
PAROLE] that the person, while incarcerated or as a condition of probation or
parole, take a drug, or combination of drugs, intended to prevent 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) 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 shall [MAY ALSO] order forfeiture under AS 28.35.036
,
of the motor vehicle, [OR] aircraft, or watercraft used in the commission of the
offense, subject to remission under AS 28.35.037
; and
(7) the court 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, the department shall reissue the vehicle registration and
omit the name of the person convicted under this subsection.
* Sec. 44. AS 28.35.032
is amended by adding new subsections to read:
(r) Upon request, the department shall review a driver's license revocation
imposed under (p)(3) of this section and may restore the driver's license if
(1) the license has been revoked for a period of at least 10 years;
(2) the person has not been convicted of a criminal offense since the
license was revoked; and
(3) the person provides proof of financial responsibility.
(s) If the court determines that the person has successfully completed a court-
ordered treatment program, the court may suspend up to 75 percent of the mandatory
minimum sentence required under (g)(1) of this section and up to 50 percent of the
minimum fine required under (g)(1) of this section. This subsection does not apply to
a person who has already participated in a court-ordered treatment program two or
more times. In this subsection, "court-ordered treatment" has the meaning given in
AS 28.35.030
(q).
(t) For purposes of this section, the director of the division within the
department responsible for administration of this section or a person designated by the
director may request and receive criminal justice information available under
AS 12.62. In this subsection, "criminal justice information" has the meaning given in
AS 12.62.900
.
* Sec. 45. 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 under the influence of an alcoholic
beverage, inhalant, or controlled substance [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 percent or less by weight of alcohol in the
person's blood, or 40 milligrams or less of alcohol per 100 milliliters of the person's
blood, or 0.04 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 an alcoholic beverage
[INTOXICATING LIQUOR].
(2) If there was in excess of 0.04 percent but less than 0.08 percent by
weight of alcohol in the person's blood, or in excess of 40 but less than 80 milligrams
of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 grams but less
than 0.08 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 an
alcoholic beverage [INTOXICATING LIQUOR], but that fact may be considered
with other competent evidence in determining whether the person was under the
influence of an alcoholic beverage [INTOXICATING LIQUOR].
(3) If there was 0.08 percent or more by weight of alcohol in the
person's blood, or 80 milligrams or more of alcohol per 100 milliliters of the person's
blood, or 0.08 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 an alcoholic beverage
[INTOXICATING LIQUOR].
* Sec. 46. AS 28.35.033
(e) is amended to read:
(e) The person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of the person's own choosing administer a
chemical test in addition to the test administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a person does not
preclude the admission of evidence relating to the test taken at the direction of a law
enforcement officer; the fact that the person under arrest sought to obtain such an
additional test, and failed or was unable so to do, is likewise admissible in evidence.
The person who administers the chemical test shall clearly and expressly inform
the person tested of that person's right to an independent test described under
this subsection, and, if the person being tested requests an independent test, the
department shall make reasonable and good-faith efforts to assist the person
being tested in contacting a person qualified to perform an independent chemical
test of the person's breath or blood.
* Sec. 47. AS 28.35.035
(a) is amended to read:
(a) If a person is under arrest for an offense arising out of acts alleged to have
been committed while the person was operating a motor vehicle, aircraft, or watercraft
while under the influence of an alcoholic beverage, inhalant, or controlled
substance [INTOXICATED], and that arrest results from an accident that causes
death or physical injury to another person, a chemical test may be administered
without the consent of the person arrested to determine the amount of alcohol in that
person's breath or blood or to determine the presence of controlled substances in that
person's blood and urine.
* Sec. 48. AS 28.35.036
is repealed and reenacted to read:
Sec. 28.35.036. Forfeiture of vehicle, aircraft, or watercraft. (a) After
conviction of an offense under AS 28.15.291
(b), AS 28.35.030
, or 28.35.032, a motor
vehicle, aircraft, or watercraft involved in the commission of the offense is subject to
forfeiture as provided under AS 28.15.291
(b), AS 28.35.030
, and 28.35.032.
(b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall
schedule a hearing on the matter and shall notify the state and the convicted person of
the time and place set for the hearing. Except for a motor vehicle, aircraft, or
watercraft that is required to be forfeited under AS 28.35.030
or 28.35.032, the court
may order the forfeiture of the motor vehicle if the court, sitting without a jury,
determines, by a preponderance of the evidence, that the forfeiture of the motor
vehicle, aircraft, or watercraft will serve one or more of the following purposes:
(1) deterrence of the convicted person from the commission of future
offenses under AS 28.15.291
(b), AS 28.35.030
, or 28.35.032;
(2) protection of the safety and welfare of the public;
(3) deterrence of other persons who are potential offenders under
AS 28.15.291
(b), AS 28.35.030
, or 28.35.032; or
(4) expression of public condemnation of the serious or aggravated
nature of the convicted person's conduct.
(c) Upon forfeiture of a motor vehicle, aircraft, or watercraft, the court shall
require the
(1) surrender of the registration and certificate of title of that motor
vehicle; the registration and certificate of title shall be delivered to the department;
(2) convicted person to pay all administrative costs incurred by the
state in forfeiting the motor vehicle, aircraft, or watercraft, including costs incurred by
the department, law enforcement personnel, or the court system.
(d) If not released under AS 28.35.037
, a motor vehicle, aircraft, or watercraft
forfeited under this section may be disposed of at the discretion of the Department of
Public Safety.
(e) Disposal under this subsection includes, by way of example and not of
limitation,
(1) sale, as a unit or in parts, including sale at an auction, and the
proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of
Administration;
(4) being destroyed; or
(5) transfer to a charitable organization; in this paragraph, "charitable
organization" means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3)
(Internal Revenue Code).
* Sec. 49. AS 28.35.037
is amended to read:
Sec. 28.35.037. Remission of forfeitures. (a) Upon receiving notice from
the court of the time and place set for a hearing under AS 28.35.036
, the state shall
provide to every person who has an ascertainable ownership or security interest in the
motor vehicle, [OR] aircraft, or watercraft written notice that includes
(1) a description of the motor vehicle, [OR] aircraft, or watercraft;
(2) the time and place of the forfeiture hearing;
(3) the legal authority under which the motor vehicle, [OR] aircraft, or
watercraft, may be forfeited;
(4) notice of the right to intervene to protect the interest in the motor
vehicle, [OR] aircraft, or watercraft.
(b) At the hearing, a person who claims an ownership or security interest in
the motor vehicle, [OR] aircraft, or watercraft, must establish by a preponderance of
the evidence that
(1) the petitioner has an interest in the motor vehicle, [OR] aircraft, or
watercraft, acquired in good faith;
(2) a person other than the petitioner was convicted of the offense that
resulted in the forfeiture; and
(3) before parting with the motor vehicle, [OR] aircraft, or watercraft,
the petitioner did not know or have reasonable cause to believe that it would be used
in the commission of an offense.
(c) If a person satisfies the requirements of (b) of this section, the court shall
order that an amount equal to the value of the petitioner's interest in the motor vehicle,
[OR] aircraft, or watercraft be paid to the petitioner, or the court shall order that the
motor vehicle, [OR] aircraft, or watercraft be released to the petitioner together with
title to the motor vehicle, [OR] aircraft or watercraft.
(d) Forfeiture of a motor vehicle, [OR] aircraft, or watercraft under
AS 28.35.036
is without prejudice to the rights [,] and does not extinguish the claims
of a creditor with an interest in the motor vehicle, [OR] aircraft, or watercraft.
* Sec. 50. AS 28.35.039
(2) is amended to read:
(2) "alcohol safety action program" means a program for alcohol and
substance abuse screening, referral, and monitoring developed and implemented
or approved by the Department of Health and Social Services under AS 47.37
[DESIGNATED BY THE COMMISSIONER OF HEALTH AND SOCIAL
SERVICES AS AN ALCOHOL SAFETY ACTION PROGRAM].
* Sec. 51. AS 47.37.040
(14) is amended to read:
(14) cooperate with the Department of Public Safety and the
Department of Transportation and Public Facilities in establishing and conducting
programs designed to deal with the problem of persons operating motor vehicles while
under the influence of an alcoholic beverage, inhalant, or controlled substance
[INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and
approve alcohol information courses required to be taken by drivers under AS 28.15
or
made available to drivers to reduce points assessed for violation of traffic laws;
* Sec. 52. AS 47.37.040
is amended by adding a new paragraph to read:
(21) develop and implement, or designate, in cooperation with other
state or local agencies, an alcohol safety action program that provides alcohol and
substance abuse screening, referral, and monitoring services to persons who have been
referred by a court in connection with a charge or conviction of a misdemeanor
involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled
substance, or referred by an agency of the state with the responsibility for
administering motor vehicle laws in connection with a driver's license action involving
the use of alcohol or a controlled substance.
* Sec. 53. AS 47.37.130
(b) is amended to read:
(b) The program of the division must include
(1) emergency treatment provided by a facility affiliated with or part of
the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment; [AND]
(4) outpatient and follow-up treatment; and
(5) standards for alcohol safety action programs; the standards
may vary in their requirements and stringency according to the population, price
level, remoteness, access to transportation, and availability of ancillary services of
the area to be served; a program must meet the applicable standards before it is
approved by the division as an alcohol safety action program; the standards
required under this paragraph shall be established in a manner that provides
protection of the health, safety, and well-being of clients of the affected programs
and protection for the affected programs from exposure to malpractice and
liability actions.
* Sec. 54. AS 47.37.130
is amended by adding new subsections to read:
(h) The division shall
(1) inspect, on a regular basis, approved public and private alcohol
safety action programs at reasonable times and in a reasonable manner; and
(2) maintain a list of approved public and private alcohol safety action
programs.
(i) An approved public and private alcohol safety action program shall file
with the division on request data, statistics, schedules, and information that the
division reasonably requires. An approved program that fails without good cause to
furnish any data, statistics, schedules, or information as requested, or files fraudulent
returns of them, shall be removed from the list of approved programs.
(j) The director, after holding a hearing under the provisions of AS 44.62
(Administrative Procedure Act), may suspend, revoke, limit, restrict, or refuse to grant
an approval for an alcohol safety action program for failure to meet standards
established under (b) of this section.
* Sec. 55. AS 28.35.038
is repealed.
* Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to
read:
PILOT DRUNK DRIVER PROGRAM IN THE DEPARTMENT OF
CORRECTIONS; REPORT. (a) In addition to a rehabilitation program established under
AS 33.30.011
(3), the commissioner of corrections may, beginning July 1, 2002, and ending
June 30, 2007, provide a drug or combination of drugs intended to prevent the consumption
of an alcoholic beverage to a prisoner committed to the commissioner's custody if the prisoner
has been convicted of violating AS 28.35.030
or 28.35.032, and voluntarily agrees to take the
drug or combination of drugs.
(b) The commissioner of corrections shall report back to the legislature by January 1,
2005, with a summary of the program described under (a) of this section, including the
number of prisoners in the program and statistics on how many prisoners in the program
reoffended after being released.
* Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to
read:
APPLICABILITY. (a) Section 7 of this Act applies to registration of a motor vehicle
that occurs on or after the effective date of this Act.
(b) This Act applies to offenses committed on or after the effective date of this Act,
except that references to previous convictions include convictions occurring before, on, or
after the effective date of this Act.
* Sec. 58. This Act takes effect July 1, 2002.
HB0005
HB 5
HOUSE BILL NO. 5
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE KOHRING
Introduced: 1/8/01
Referred: State Affairs, Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to identification required to purchase alcoholic beverages and tobacco
products; relating to identification information contained on a driver's license; and
providing for an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 04.16
is amended by adding a new section to read:
Sec. 04.16.160. Identification check by licensee. A licensee or an agent or
employee of a licensee may not sell or offer for sale an alcoholic beverage unless the
licensee, agent, or employee first examines the identification of the person purchasing
the alcoholic beverage and determines that the person is at least 21 years of age.
* Sec. 2. AS 11.76
is amended by adding a new section to read:
Sec. 11.76.108. Identification check by tobacco retailer. (a) A person may
not sell a cigarette, cigar, tobacco, or a product containing tobacco unless the sale
occurs immediately after the sales clerk examines the identification of the person
purchasing the cigarette, cigar, tobacco, or product containing tobacco and determines
that the person is at least 19 years of age.
(b) Subsection (a) does not apply if the sale
(1) is by vending machine as provided under AS 11.76.100
(b);
(2) is a wholesale transaction, the person is licensed as a manufacturer
or distributor under AS 43.50.010
, and the sale occurs on premises where no retail
transactions occur; or
(3) is by a retailer who sells primarily cigarettes, cigars, tobacco, or a
product containing tobacco and who restricts access to the premises to only those
individuals who are 19 years of age or older.
(c) A person who violates this section is guilty of a violation and upon
conviction is subject to a fine of not less than $300.
* Sec. 3. AS 28.15.111
(a) is amended to read:
(a) Upon successful completion of the application and all required
examinations, and upon payment of the required fee, the department shall issue to
every qualified applicant a driver's license indicating the type or general class of
vehicles that the licensee may drive. The license must [DISPLAY] (1) display a
distinguishing number assigned to the license; (2) display the licensee's full name,
address, date of birth, brief physical description, and color photograph; (3) display
either a facsimile of the signature of the licensee or a space upon which the licensee
must write the licensee's usual signature with pen and ink; (4) display a holographic
symbol intended to prevent illegal alteration or duplication; [AND] (5) display for a
qualified applicant who is under age 21, the words "UNDER 21"; and (6) be designed
to allow the electronic reading and electronic display of the information
described under (2) of this subsection and an abstract of the licensee's driving
record. A license is not valid until signed by the licensee. If facilities are not
available for the taking of the photograph required under this section, the department
shall endorse on the license, the words "valid without photograph."
* Sec. 4. AS 43.50.070
is amended to read:
Sec. 43.50.070. Revocation of licenses. The department may suspend or
revoke a license issued under AS 43.50.010
- 43.50.180 (1) for a negligent violation of
AS 11.76.100
, 11.76.106, 11.76.107, 11.76.108, or a violation of AS 43.50.010
-
43.50.180 or a regulation of the department adopted under AS 43.50.010
- 43.50.180;
(2) if a licensee ceases to act in the capacity for which the license was issued; or (3) if
a manufacturer, distributor, or wholesale distributor negligently sells tobacco or
products containing tobacco to a nonlicensed retailer or a retailer whose license
endorsement under AS 43.70.075
has been suspended. A person whose license is
suspended or revoked may not sell cigarettes or permit cigarettes to be sold during the
period of the suspension or revocation on the premises occupied or controlled by that
person. A disciplinary proceeding or action is not barred or abated by the expiration,
transfer, surrender, renewal, or extension of a license issued under AS 43.50.010
-
43.50.180. The department shall comply with the provisions of the Administrative
Procedure Act (AS 44.62).
* Sec. 5. AS 43.70.075
(d) is amended to read:
(d) If a person who holds an endorsement issued under this section, or an
agent or an employee of a person who holds an endorsement issued under this section
acting within the scope of the agency or employment, has been convicted of violating
AS 11.76.100
, 11.76.106, [OR] 11.76.107, or 11.76.108 or violates a provision of this
section or a regulation implementing this section adopted under AS 43.70.090
, the
department may suspend the endorsement for a period of not more than
(1) 45 days; or
(2) 90 days if, within the past 24 months, the person has been
previously convicted of violating AS 11.76.100
, 11.76.106, [OR] 11.76.107, or
11.76.108 or a provision of this section or a regulation implementing this section
adopted under AS 43.70.090
.
* Sec. 6. This Act takes effect July 1, 2001.
HB0006
HB 6
HOUSE BILL NO. 6
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES DAVIES, Scalzi
Introduced: 1/8/01
Referred: Community and Regional Affairs, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to optional exemptions from municipal property taxes on residential
property."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 29.45.050
(a) is amended to read:
(a) A municipality may exclude or exempt or partially exempt residential
property from taxation by ordinance ratified by the voters at an election. An exclusion
or exemption authorized by this subsection [SECTION] may not exceed the assessed
value of $40,000 [$10,000] for any one residence.
* Sec. 2. AS 29.45.050
is amended by adding a new subsection to read:
(q) A municipality may by ordinance approved by the voters exempt from
taxation an amount not to exceed $10,000 of the assessed value of real property owned
and occupied as a permanent place of abode by a resident who provides in the
municipality volunteer
(1) fire fighting services; or
(2) emergency medical services.
HB0006
CSHB 6(CRA)
CS FOR HOUSE BILL NO. 6(CRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - SECOND SESSION
BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
Offered: 4/17/02
Referred: Finance
Sponsor(s): REPRESENTATIVES DAVIES, Scalzi
A BILL
FOR AN ACT ENTITLED
"An Act relating to optional exemptions from municipal property taxes on residential
property."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 29.45.050
(a) is amended to read:
(a) A municipality may exclude or exempt or partially exempt residential
property from taxation by ordinance ratified by the voters at an election. An
exclusion or exemption authorized by this subsection may not be applied with
respect to taxes levied in a service area to fund the special services. An exclusion
or exemption authorized by this subsection [SECTION] may not exceed the assessed
value of $40,000 [$10,000] for any one residence.
* Sec. 2. AS 29.45.050
is amended by adding a new subsection to read:
(q) A municipality may by ordinance approved by the voters exempt from
taxation an amount not to exceed $20,000 of the assessed value of real property owned
and occupied as a permanent place of abode by a resident who provides in the
municipality volunteer
(1) fire fighting services; or
(2) emergency medical services.
HB0006
CSHB 6(FIN)
CS FOR HOUSE BILL NO. 6(FIN)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - SECOND SESSION
BY THE HOUSE FINANCE COMMITTEE
Offered: 4/30/02
Referred: Rules
Sponsor(s): REPRESENTATIVES DAVIES, Scalzi, Foster
A BILL
FOR AN ACT ENTITLED
"An Act relating to optional exemptions from municipal property taxes on residential
property."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 29.45.050
(a) is amended to read:
(a) A municipality may exclude or exempt or partially exempt residential
property from taxation by ordinance ratified by the voters at an election. An
exclusion or exemption authorized by this subsection may not be applied with
respect to taxes levied in a service area to fund the special services. An exclusion
or exemption authorized by this subsection [SECTION] may not exceed the assessed
value of $40,000 [$10,000] for any one residence.
* Sec. 2. AS 29.45.050
is amended by adding a new subsection to read:
(q) A municipality may by ordinance approved by the voters exempt from
taxation an amount not to exceed $20,000 of the assessed value of real property owned
and occupied as a permanent place of abode by a resident who provides in the
municipality volunteer (1) fire fighting services; or (2) emergency medical services. If
two or more individuals are eligible for an exemption for the same property, not more
than one exemption may be granted. The exemption under this subsection is in
addition to any exclusion or exemption that may be authorized for the same property
under (a) of this section.
HB0007
HB 7
HOUSE BILL NO. 7
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE OGAN
Introduced: 1/8/01
Referred: State Affairs, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
"An Act repealing an exception to the limitations imposed on the sale, lease, or
disposition of property by certain telephone cooperatives."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 10.25.400
(e) is repealed.
HB0008
HB 8
HOUSE BILL NO. 8
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE ROKEBERG
Introduced: 1/8/01
Referred: Transportation, Finance
A BILL
FOR AN ACT ENTITLED
"An Act establishing the Legislative Road Development Task Force; and providing for
an effective date."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section
to read:
LEGISLATIVE ROAD DEVELOPMENT TASK FORCE. (a) There is established
in the legislative branch of state government the Legislative Road Development Task Force.
The task force shall consist of 11 voting members, as follows:
(1) one member designated by the Alaska Trucking Association, Inc.;
(2) one member designated by the International Union of Operating
Engineers, Local 302;
(3) one member designated by Teamsters Union Local 959;
(4) one member who is a civil engineer designated by the State Board of
Registration for Architects, Engineers and Land Surveyors;
(5) one member designated by the Alaska State Chamber of Commerce;
(6) one member designated by the Associated General Contractors of Alaska;
(7) one member designated by the Alaska Miners Association;
(8) one member designated by the Alaska Federation of Natives;
(9) one public member jointly appointed by the President of the Senate and the
Speaker of the House of Representatives who resides in a rural area and is a member of the
Alaska Citizens Transportation Coalition;
(10) one member appointed by the President of the Senate from among the
members of the Senate;
(11) one member appointed by the Speaker of the House of Representatives
from among the members of the House of Representatives.
(b) The commissioner of transportation and public facilities or the commissioner's
designee and the commissioner of community and economic development or the
commissioner's designee shall serve as nonvoting members of the task force.
(c) The legislator members of the task force shall serve as co-chairs of the task force.
The staff of the legislator members of the task force shall serve as staff to the task force.
(d) The task force shall identify roads that are important to the future economic
development of the state, study the feasibility of developing or upgrading those roads in order
to promote the future economic development of the state, research existing plans to develop or
upgrade those roads, determine the availability and source of funds to develop or upgrade
those roads, and establish a priority ranking for projects to develop or upgrade roads identified
by the task force.
(e) The task force shall place particular emphasis on reviewing the following road
projects to determine whether the road projects should be identified as important to the future
economic development of the state:
(1) Williamsport Road from Iliamna Bay to Pile Bay;
(2) a road to the Pogo Mine;
(3) Rock Creek Road in the Nome area;
(4) a road to Tazlina Lake;
(5) a road from Wasilla to Bethel;
(6) a road from Wasilla to Tyonek;
(7) a road along the west shore of Cook Inlet;
(8) a road to Nome;
(9) a road to Cordova;
(10) a road to Ruby;
(11) a road to Fort Yukon;
(12) Donlin Creek Road;
(13) a road to Dillingham;
(14) a road around the northern end of Lake Iliamna;
(15) upgrading the Dalton Highway;
(16) a road from Rampart to Eureka;
(17) a road from Ruby to McGrath;
(18) a road from Healy to the Richardson Highway;
(19) a road from Ruby to Takotna;
(20) a road from Takotna to Flat to Crooked Creek;
(21) Tonsina North Access Road;
(22) a road from Juneau to Atlin, British Columbia.
(f) The task force shall meet as frequently as its members determine necessary to
perform its work. The task force may meet and vote by teleconference.
(g) The members of the task force appointed under (a)(1) - (9) of this section are not
eligible for compensation but are entitled to per diem and travel expenses authorized for
boards and commissions under AS 39.20.180
.
(h) The task force shall submit a written report of its findings and recommendations to
the legislature and the governor before the Second Regular Session of the Twenty-Second
Alaska State Legislature convenes.
* Sec. 2. This Act is repealed on the first legislative day of the Second Regular Session of
the Twenty-Second Alaska State Legislature.
* Sec. 3. This Act takes effect immediately under AS 01.10.070
(c).
HB0008
