HB 399: "An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Alaska Rule of Criminal Procedure 32.1; and providing for an effective date."
00HOUSE BILL NO. 399 01 "An Act relating to vehicle theft and the consequences of vehicle theft, including 02 revocation of a driver's license, privilege to drive, or privilege to obtain a 03 license; amending Alaska Rule of Criminal Procedure 32.1; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.46 is amended by adding new sections to read: 07 ARTICLE 2A. VEHICLE THEFT. 08 Sec. 11.46.360. VEHICLE THEFT IN THE FIRST DEGREE. (a) A person 09 commits the crime of vehicle theft in the first degree if, having no right to do so or 10 any reasonable ground to believe the person has such a right, 11 (1) the person drives, tows away, or takes the motor vehicle of another; 12 (2) the person drives, tows away, or takes the propelled vehicle of 13 another and the vehicle or any other property of another is damaged or the owner 14 incurs reasonable expenses as a result of the loss of use of the vehicle in a total
01 amount of $500 or more; 02 (3) the person drives, tows away, or takes the propelled vehicle of 03 another and the vehicle is marked as a police or emergency vehicle; or 04 (4) the person drives, tows away, or takes the propelled vehicle of 05 another and, within the preceding seven years, the person was convicted under 06 (A) this section or AS 11.46.365; 07 (B) former AS 11.46.482(a)(4) or (5); 08 (C) former AS 11.46.484(a)(2); 09 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 10 of a propelled vehicle; or 11 (E) a law or ordinance of this or another jurisdiction with 12 elements substantially similar to those of the offenses described in (A) - (D) 13 of this paragraph. 14 (b) Vehicle theft in the first degree is a class C felony. 15 Sec. 11.46.365. VEHICLE THEFT IN THE SECOND DEGREE. (a) A 16 person commits the crime of vehicle theft in the second degree if, having no right to 17 do so or any reasonable ground to believe the person has such a right, 18 (1) the person drives, tows away, or takes the propelled vehicle of 19 another that is not a motor vehicle; or 20 (2) having custody of a propelled vehicle under a written agreement 21 with the owner of the vehicle that includes an agreement to return the vehicle to the 22 owner at a specified time, the person knowingly retains or withholds possession of the 23 vehicle without the consent of the owner for so long a period beyond the time 24 specified as to render the retention or possession of the vehicle an unreasonable 25 deviation from the agreement. 26 (b) Vehicle theft in the second degree is a class A misdemeanor. 27 Sec. 11.46.370. DEFINITIONS. In AS 11.46.360 - 11.46.370, 28 (1) "aircraft" has the meaning given in AS 02.15.260; 29 (2) "commercial motor vehicle" has the meaning given in 30 AS 28.40.100; 31 (3) "motorcycle" has the meaning given in AS 28.40.100;
01 (4) "motor vehicle" means a passenger car, truck, motorcycle, 02 watercraft, aircraft, or commercial motor vehicle; 03 (5) "passenger car" means a vehicle designed or used primarily for the 04 transportation of persons; 05 (6) "truck" means a vehicle designed, used, or maintained primarily for 06 the transportation of property; 07 (7) "watercraft" means a vessel used or capable of being used as a 08 means of transportation, for recreational or commercial purposes, on water, fresh or 09 salt, inland or coastal. 10 * Sec. 2. AS 11.46.484(b) is amended to read: 11 (b) Criminal [EXCEPT AS PROVIDED IN (c) OF THIS SECTION, 12 CRIMINAL] mischief in the third degree is a class A misdemeanor. 13 * Sec. 3. AS 11.46.486(a) is amended to read: 14 (a) A person commits the crime of criminal mischief in the fourth degree if, 15 having no right to do so or any reasonable ground to believe the person has such a 16 right, 17 (1) with reckless disregard for the risk of harm to or loss of the 18 property or with intent to cause substantial inconvenience to another, the person 19 tampers with property of another; 20 (2) with intent to damage property of another, the person damages 21 property of another in an amount less than $50; or 22 (3) the person rides in a propelled vehicle knowing it has been stolen 23 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1) 24 [AS 11.46.482(a)(4) OR 11.46.484(a)(2)]. 25 * Sec. 4. AS 12.55.045(e) is amended to read: 26 (e) If a defendant is convicted of vehicle theft in the second [CRIMINAL 27 MISCHIEF IN THE THIRD] degree in violation of AS 11.46.365(a)(1) 28 [AS 11.46.484(a)(2)], and the victim of the offense incurs damage or loss as a result 29 of the offense, the court shall order the defendant to pay restitution. 30 * Sec. 5. AS 12.55.055(f) is amended to read: 31 (f) The court may order a defendant convicted of vehicle theft in the second
01 [CRIMINAL MISCHIEF IN THE THIRD] degree in violation of AS 11.46.365(a)(1) 02 [AS 11.46.484(a)(2), WHOSE CONVICTION IS NOT A FELONY UNDER 03 AS 11.46.484(c)], to perform community work in lieu of all but 24 hours of a sentence 04 of imprisonment. Substitution of community work shall be at a rate of eight hours for 05 each day of imprisonment. 06 * Sec. 6. AS 12.55.135(f) is amended to read: 07 (f) A defendant convicted of vehicle theft in the second degree in violation 08 of AS 11.46.365(a)(1) [CRIMINAL MISCHIEF IN THE THIRD DEGREE IN 09 VIOLATION OF AS 11.46.484(a)(2), WHOSE CONVICTION IS NOT A FELONY 10 UNDER AS 11.46.484(c),] shall be sentenced to a definite term of imprisonment of 11 at least 72 hours but not more than one year. 12 * Sec. 7. AS 18.65.705(4) is amended to read: 13 (4) has not been convicted, within the five years immediately preceding 14 the application, of, and is not currently charged under a complaint, information, 15 indictment, or presentment with, any of the following misdemeanor offenses or similar 16 laws of another jurisdiction: 17 (A) AS 11.41.230, 11.41.250, 11.41.270; 18 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.365, 11.46.430, 19 11.46.484; 20 (C) AS 11.51.130; 21 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 22 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 23 11.56.805; 24 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 25 or 26 (F) AS 11.71.050, 11.71.060; 27 * Sec. 8. AS 28.15.181(a) is amended to read: 28 (a) Conviction of any of the following offenses is grounds for the immediate 29 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 30 (1) manslaughter or negligent homicide resulting from driving a motor 31 vehicle;
01 (2) a felony in the commission of which a motor vehicle is used; 02 (3) failure to stop and give aid as required by law when a motor 03 vehicle accident results in the death or personal injury of another; 04 (4) perjury or making a false affidavit or statement under oath to the 05 department under a law relating to motor vehicles; 06 (5) operating a motor vehicle or aircraft while intoxicated; 07 (6) reckless driving; 08 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 09 officer; 10 (8) refusal to submit to a chemical test authorized under 11 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 12 commercial motor vehicle, or aircraft while intoxicated, or authorized under 13 AS 28.35.031(g); 14 (9) driving while license, privilege to drive, or privilege to obtain a 15 license is canceled, suspended, or revoked, or in violation of a limitation; 16 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 17 vehicle theft in the second degree in violation of AS 11.46.365. 18 * Sec. 9. AS 28.15.181(b) is amended to read: 19 (b) A court convicting a person of an offense described in (a)(1) - (4), (6), 20 [OR] (7), or (10) of this section shall revoke that person's driver's license, privilege 21 to drive, or privilege to obtain a license for not less than 30 days for the first 22 conviction, unless the court determines that the person's ability to earn a livelihood 23 would be severely impaired and a limitation under AS 28.15.201 can be placed on the 24 license that will enable the person to earn a livelihood without excessive danger to the 25 public. If a court limits a person's license under this subsection, it shall do so for not 26 less than 60 days. Upon a subsequent conviction of a person for any offense described 27 in (a)(1) - (4), (6), [OR] (7), or (10) of this section occurring within 10 years after a 28 prior conviction, the court shall revoke the person's license, privilege to drive, or 29 privilege to obtain a license and may not grant the person limited license privileges for 30 the following periods: 31 (1) not less than one year for the second conviction; and
01 (2) not less than three years for a third or subsequent conviction. 02 * Sec. 10. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: 03 (a) Scheduling. At the time guilt in a felony case is established by verdict or 04 plea, the judge shall establish the date for a sentencing hearing and a presentencing 05 hearing, if appropriate, and, except as provided in paragraph (f) of this rule, shall 06 order a presentence investigation by the Department of Corrections. If the judge elects 07 to schedule a single hearing, all of the procedures for the presentencing and sentencing 08 hearings shall be applicable at the single hearing. 09 * Sec. 11. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new 10 subsection to read: 11 (f) When Presentence Investigation Not Required. Unless a person may be 12 sentenced to a presumptive term of imprisonment under AS 12.55.125(e)(1) or (2), a 13 presentence investigation by the Department of Corrections is not required for a 14 defendant convicted of vehicle theft in the first degree in violation of AS 11.46.360. 15 * Sec. 12. AS 11.46.482(a)(4) and (5), 11.46.484(a)(2) and (3), and 11.46.484(c) are 16 repealed. 17 * Sec. 13. AS 11.46.360(a)(1), enacted by sec. 1 of this Act, applies to an act committed 18 on or after the effective date of this Act. 19 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).