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Enrolled HB 342: Relating to driving while under the influence, to the definition of "previously convicted," to alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date.

00 Enrolled HB 342                                                                                                         
01 Relating to driving while under the influence, to the definition of "previously convicted," to                          
02 alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's                        
03 licenses; and providing for an effective date.                                                                          
04                           _______________                                                                               
05    * Section 1.  AS 12.55.102 is amended to read:                                                                     
06            Sec. 12.55.102.  Alcohol-related [ALCOHOL RELATED] offenses.  (a)                                        
07       The court may order as a condition of probation or generally as part of a sentence                            
08       that a defendant convicted of an offense involving the use, consumption, or possession                            
09       of an alcoholic beverage may not operate a motor vehicle during the period of                                     
10       probation unless the vehicle is equipped with a properly functioning, monitored, and                              
11       maintained ignition interlock device.  A condition of probation or sentence imposed                           
12       under this subsection takes effect after any period of license revocation imposed under                           
13       AS 28.15.165(d) or 28.15.181(c).                                                                                  
14            (b)  The court, in imposing probation or a condition of a sentence under (a) of                          
01       this section, may allow the defendant limited privileges to drive a motor vehicle                                 
02       without an ignition interlock device if the court determines that the defendant is                                
03       required as a condition of employment to drive a motor vehicle owned or leased by the                             
04       defendant's employer and that the defendant's driving will not create substantial                                 
05       danger.  If the court imposes probation described by this subsection, the court shall                             
06       require the defendant to notify the defendant's employer of the probation, and shall                              
07       require that the defendant, while driving the employer's vehicle, carry a letter from the                         
08       employer authorizing the defendant to drive that vehicle.                                                         
09            (c)  A court imposing a condition of probation under this section shall require                              
10       the surrender of the driver's license and shall issue to the defendant a certificate valid                        
11       for the duration of the probation or a copy of the defendant's judgment of conviction.                            
12       The defendant shall pay all costs associated with fulfilling the condition of probation,                          
13       including installation, repair, and monitoring of an ignition interlock device.                                   
14            (d)  The court may include the cost of the ignition interlock device as a part of                            
15       the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or                             
16       28.35.032(g) or (p).                                                                                              
17            (e)  In this section,                                                                                        
18                 (1)  "ignition interlock device" means equipment designed to prevent a                              
19       motor vehicle from being operated by a person who has consumed an alcoholic                                       
20       beverage, and that has been certified by the commissioner of corrections under                                    
21       AS 33.05.020(c);                                                                                              
22                 (2)  "motor vehicle" has the meaning given in AS 28.40.100, but                                     
23       does not include snow machines and all-terrain vehicles not designed for and not                              
24       operated on highways or roads.                                                                                
25    * Sec. 2.  AS 28.15.201(d) is amended to read:                                                                     
26            (d)  A court revoking a driver's license, privilege to drive, or privilege to obtain                         
27       a license under AS 28.15.181(c), or the department when revoking a driver's license,                              
28       privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant                             
29       limited license privileges [FOR THE FINAL 60 DAYS DURING WHICH THE                                                
30       LICENSE IS REVOKED] if                                                                                            
31                 (1)  the revocation was for a misdemeanor conviction under                                              
01       AS 28.35.030(a) and not for a violation of AS 28.35.032;                                                          
02                 (2)  the person has                                                                                     
03                      (A)  not been previously convicted and the limited license is                              
04            not granted during the first 30 days of the period of revocation;                                        
05                      (B)  been previously convicted, the limited license is not                                     
06            granted during the first 90 days of the period of revocation, and                                        
07                           (i)  the person has successfully completed a court-                                       
08                 ordered treatment program under AS 28.35.030(p); or                                                 
09                           (ii)  the court or department requires the person to                                      
10                 use an ignition interlock device during the period of the limited                                   
11                 license [; IN THIS PARAGRAPH, "PREVIOUSLY CONVICTED"                                                
12                 HAS THE MEANING GIVEN IN AS 28.35.030 AND ALSO                                                          
13                 INCLUDES CONVICTIONS BASED ON LAWS PRESUMING                                                            
14                 THAT THE PERSON WAS UNDER THE INFLUENCE OF                                                              
15                 INTOXICATING LIQUOR IF THERE WAS 0.08 PERCENT OR                                                        
16                 MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD];                                                       
17                 (3)  the court or the department determines that                                                        
18                      (A)  the person's ability to earn a livelihood would be severely                               
19            impaired without a limited license; or                                                                   
20                      (B)  the person has successfully completed a court-ordered                                     
21            treatment program described under AS 28.35.030(p) and the person's                                       
22            ability to earn a livelihood, attend school, or provide for family health                                
23            would be severely impaired without a limited license;                                                    
24                 (4)  the court or the department determines that a limitation under (a) of                              
25       this section can be placed on the license that will enable the person to earn a livelihood                        
26       without excessive danger to the public; [AND]                                                                     
27                 (5)  the court or the department determines that the person is enrolled in                              
28       and is in compliance with [,] or has successfully completed the alcoholism screening,                             
29       evaluation, referral, and program requirements of the Department of Health and Social                             
30       Services under AS 28.35.030(h); and                                                                           
31                 (6)  the person has not been previously convicted under                                             
01       AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a                                   
02       vehicle, aircraft, or watercraft under a limited license issued under this section.                           
03    * Sec. 3.  AS 28.15.201 is amended by adding a new subsection to read:                                             
04            (e)  In (d)(2) of this section, "previously convicted" has the meaning given in                              
05       AS 28.35.030 and also includes convictions under laws presuming that the person was                               
06       under the influence of intoxicating liquor if there was 0.08 percent or more by weight                            
07       of alcohol in the person's blood.                                                                               
08    * Sec. 4.  AS 28.35.030(r)(4) is amended to read:                                                                  
09                 (4)  "previously convicted" means having been convicted in this or                                      
10       another jurisdiction within the 15 years preceding the date of the present offense of                         
11       any of the following offenses; however, convictions for any of these offenses, if                                 
12       arising out of a single transaction and a single arrest, are considered one previous                              
13       conviction:                                                                                                       
14                      (A)  operating a motor vehicle, aircraft, or watercraft in                                         
15            violation of this section or in violation of another law or ordinance with similar                           
16            elements, except that the other law or ordinance may provide for a lower level                               
17            of alcohol in the person's blood or breath than imposed under (a)(2) of this                                 
18            section;                                                                                                     
19                      (B)  refusal to submit to a chemical test in violation of                                          
20            AS 28.35.032 or in violation of another law or ordinance with similar                                        
21            elements; or                                                                                                 
22                      (C)  operating a commercial motor vehicle in violation of                                          
23            AS 28.33.030 or in violation of another law or ordinance with similar                                        
24            elements, except that the other law or ordinance may provide for a lower level                               
25            of alcohol in the person's blood or breath than imposed under                                                
26            AS 28.33.030(a)(2).                                                                                          
27     * Sec. 5.  AS 28.35.030 is amended by adding a new subsection to read:                                            
28            (s) If a person is convicted under (a) of this section and it is determined by the                           
29       trier of fact that, as determined by a chemical test taken within four hours after the                            
30       offense was committed,                                                                                            
31                 (1)  there was at least 0.16 percent by weight of alcohol in the person's                               
01       blood but less than 0.24 percent by weight of alcohol in the person's blood or at least                           
02       160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of                           
03       alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol                            
04       per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters                         
05       of the person's breath, the court shall require the person to use an ignition interlock                           
06       device as provided in AS 12.55.102 for a minimum of six months after the person                                   
07       regains the privilege, including any limited privilege, to operate a motor vehicle;                               
08                 (2) there was 0.24 percent or more by weight of alcohol in the person's                                 
09       blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there                            
10       was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall                          
11       require the person to use an ignition interlock device as provided in AS 12.55.102 for                            
12       a minimum of one year after the person regains the privilege, including any limited                               
13       privilege, to operate a motor vehicle.                                                                            
14    * Sec. 6.  The uncodified law of the State of Alaska enacted in sec. 1, ch. 64, SLA 2001, is                       
15 amended by adding a new subsection to read:                                                                             
16            (q)  Notwithstanding AS 28.15.201, the court may grant limited license                                       
17       privileges to a defendant if the court (1) determines that the defendant's ability to earn                        
18       a livelihood, attend school, or provide for family health would be severely impaired                              
19       without a limited license, (2) requires the defendant to use an ignition interlock device,                        
20       and (3) determines that there will not be excessive danger to the public.  The court                              
21       may impose further conditions and restrictions to a limited license if the court                                  
22       determines that the conditions and restrictions are necessary to ensure public safety                             
23       and to monitor the continuing sobriety of the defendant.  The court shall immediately                             
24       revoke limited license privileges for any violation of any conditions or restrictions of                          
25       the limited license privileges.                                                                                   
26    * Sec. 7.  The uncodified law of the State of Alaska is amended by adding a new section to                         
27 read:                                                                                                                   
28       APPLICABILITY.  Sections 1 and 5 of this Act apply only to acts committed on or                                   
29 after the effective date of secs. 1 and 5 of this Act.  Sections 2 - 4 and 6 of this Act apply to                       
30 persons seeking limited licenses as a result of revocations for convictions occurring before,                           
31 on, or after the effective date of secs. 2 - 4 and 6 of this Act.  References to previous                               
01 convictions in AS 28.15.201(d)(6), added by sec. 2 of this Act, and in AS 28.15.201(e), added                           
02 by sec. 3 of this Act, include those occurring before, on, or after the effective date of secs. 2                       
03 and 3 of this Act.                                                                                                      
04    * Sec. 8.  Sections 2 - 4 and 6 of this Act take effect immediately under AS 01.10.070(c).                         
05    * Sec. 9.  Except as provided in sec. 8 of this Act, this Act takes effect January 1, 2005.