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Enrolled SB 53: Relating to disposition of a traffic offense involving the death of a person; providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; amending Rules 43 and 43.1, Alaska Rules of Administration; and providing for an effective date.

00 Enrolled SB 53                                                                                                          
01 Relating to disposition of a traffic offense involving the death of a person; providing for the                         
02 revocation of driving privileges by a court for a driver convicted of a violation of traffic laws                       
03 in connection with a fatal motor vehicle or commercial motor vehicle accident; amending                                 
04 Rules 43 and 43.1, Alaska Rules of Administration; and providing for an effective date.                                 
05                           _______________                                                                               
06    * Section 1.  AS 28.05.151 is amended by adding a new subsection to read:                                          
07            (e)  The supreme court, in establishing scheduled amounts of bail under this                                 
08       section, and each municipality that establishes or has established a fine schedule under                          
09       this section may not allow for the disposition of an offense without court appearance                             
10       for a person who is cited for violation of the traffic laws in connection with a motor                            
11       vehicle accident if the accident resulted in the death of a person.  In this subsection,                          
12       "traffic laws" has the meaning given in AS 28.15.261.                                                             
01    * Sec. 2.  AS 28.15 is amended by adding a new section to read:                                                    
02            Sec. 28.15.182.  Court revocation of license for accident causing death.  (a)                              
03       A court convicting a person for a violation of the traffic laws may revoke the driver's                           
04       license, privilege to drive, or privilege to obtain a license of a person if the court finds                      
05       by clear and convincing evidence that                                                                             
06                 (1)  the person was operating a motor vehicle or commercial motor                                       
07       vehicle that was involved in an accident;                                                                         
08                 (2)  the accident caused the death of another person; and                                               
09                 (3)  the violation of traffic laws by the person was a significant                                      
10       contributing cause of the accident.                                                                               
11            (b)  The license revocation imposed under (a) of this section may be for a                                   
12       period of up to three years.  This period is concurrent with any other period of                                  
13       revocation under AS 28.15.165 or 28.15.181, or any other action imposed by the                                    
14       department or court in connection with the accident.                                                              
15            (c)  A court revoking a person's driver's license, privilege to drive, or privilege                          
16       to obtain a license under (a) of this section may consider a request for a limited license                        
17       by the person.  A court may not grant a limited license if another statute prohibits a                            
18       limited license for violation of its provisions.  A court shall require a certification of                        
19       employment to prove any claim based on the person's employment and a certification                                
20       of need by a licensed health care practitioner to prove a claim based on care for                                 
21       another person.  After a review has been made of the person's driving record and other                            
22       relevant information, the court may grant limited license privileges for all or part of                           
23       the period of revocation if the court finds that a limitation can be placed on the license                        
24       that will enable the person to drive without danger to the public and that, without a                             
25       limited license,                                                                                                  
26                 (1)  the person's ability to earn a livelihood would be severely impaired;                              
27       or                                                                                                                
28                 (2)  the person would be severely impaired in acting as the primary                                     
29       caregiver for someone with a debilitating physical or mental condition.                                           
30            (d)  When imposing a limitation under (c) of this section, the court shall                                   
31                 (1)  require the surrender of the driver's license; and                                                 
01                 (2)  issue to the person a certificate valid for the duration of the                                    
02       limitation specifying the terms of the limited license.                                                           
03            (e)  A representative of the family of a person who died under circumstances as                              
04       described in (a) of this section may testify at a hearing addressing a driver's license                           
05       revocation under (a) of this section or a request for a limited license under (c) of this                         
06       section.                                                                                                          
07            (f)  In this section, "traffic laws" has the meaning given in AS 28.15.261.                                  
08    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       INDIRECT COURT RULE AMENDMENT.  (a)  AS 28.05.151(e), added by sec. 1 of                                          
11 this Act, has the effect of amending Rules 43 and 43.1, Alaska Rules of Administration, by                              
12 not allowing for the disposition of an offense without a court appearance for certain violations                        
13 of traffic laws in connection with a motor vehicle accident or a commercial motor vehicle                               
14 accident resulting in the death of a person.                                                                            
15       (b)  Section 1 of this Act takes effect only if (a) of this section receives the two-thirds                       
16 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.                          
17    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19       APPLICABILITY.  This Act applies to actions taken regarding a motor vehicle or                                    
20 commercial motor vehicle accident that caused the death of a person and that occurred on or                             
21 after the effective date of this Act.                                                                                   
22    * Sec. 5.  This Act takes effect September 1, 2003.