25th Legislature(2007-2008)
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00 SENATE CS FOR CS FOR HOUSE BILL NO. 19(JUD)
01 "An Act relating to ignition interlock devices; to limited driver's license privileges; and
02 to ignition interlock limited driver's license privileges."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 11.76.140 is amended to read:
05 Sec. 11.76.140. Avoidance of ignition interlock device. (a) A person
06 commits the crime of avoidance of ignition interlock device if the person [MAY
07 NOT] knowingly
08 (1) circumvents [CIRCUMVENT] or tampers [TAMPER] with an
09 ignition interlock device in a manner intended to allow a person on probation under
10 AS 12.55.102, with a condition of sentence under AS 12.55.102, or who has an
11 ignition interlock limited license to avoid using the device; [OR]
12 (2) rents [RENT, LOAN, OR LEASE] a motor vehicle to a person
13 and with criminal negligence disregards the fact that the person is on probation
14 under AS 12.55.102, has a condition of sentence under AS 12.55.102, or has an
01 ignition interlock limited license, unless the vehicle is equipped with an ignition
02 interlock device described in AS 12.55.102; or
03 (3) loans a motor vehicle to a person and knowingly disregards the
04 fact that the person is on probation under AS 12.55.102, has a condition of
05 sentence under AS 12.55.102, or has an ignition interlock limited license, unless
06 the vehicle is equipped with an ignition interlock device described in
07 AS 12.55.102.
08 (b) Avoidance of ignition interlock device
09 (1) under (a)(1) of this section is a class A misdemeanor;
10 (2) under (a)(2) or (3) of this section is [NOTWITHSTANDING
11 AS 11.81.250, A PERSON CONVICTED OF VIOLATING THIS SECTION IS
12 GUILTY OF] a class B misdemeanor and is punishable by a term of imprisonment
13 of not more than [THE MAXIMUM TERM OF IMPRISONMENT THAT MAY BE
14 IMPOSED IS] 30 days and a [THE MAXIMUM] fine of not more than [THAT
15 MAY BE IMPOSED IS] $500.
16 * Sec. 2. AS 28.01.010 is amended by adding a new subsection to read:
17 (j) A court may not enforce a municipal ordinance prescribing a penalty for
18 driving while under the influence of an alcoholic beverage, inhalant, or controlled
19 substance or refusal to submit to a chemical test unless that ordinance imposes ignition
20 interlock device requirements under this title.
21 * Sec. 3. AS 28.15.201(d) is repealed and reenacted to read:
22 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain
23 a license under AS 28.15.181(c), or the department when revoking a driver's license,
24 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant
25 limited license privileges if
26 (1) the revocation was for a misdemeanor conviction under
27 AS 28.35.030 or a similar municipal ordinance and not for a violation of
28 AS 28.35.032;
29 (2) the person
30 (A) has not been previously convicted and the limited license is
31 not granted during the first 30 days of the period of revocation; or
01 (B) has been previously convicted and the limited license is not
02 granted during the first 90 days of the period of revocation;
03 (3) the court or department requires the person to use an ignition
04 interlock device during the period of the limited license whenever the person operates
05 a motor vehicle in a community not included in the list published by the department
06 under AS 28.22.011(b) and, when applicable,
07 (A) the person provides proof of installation of the ignition
08 interlock device on every vehicle the person operates;
09 (B) the person signs an affidavit acknowledging that
10 (i) operation by the person of a vehicle that is not
11 equipped with an ignition interlock device is subject to penalties for
12 driving with a revoked license;
13 (ii) circumventing or tampering with the ignition
14 interlock device is a class A misdemeanor; and
15 (iii) the person is required to maintain the ignition
16 interlock device throughout the period of the limited license, to keep
17 up-to-date records in each vehicle showing that any required service
18 and calibration is current, and to produce those records immediately on
19 request;
20 (4) the person is enrolled in and is in compliance with or has
21 successfully completed the alcoholism screening, evaluation, referral, and program
22 requirements of the Department of Health and Social Services under AS 28.35.030(h);
23 (5) the person provides proof of insurance as required by AS 28.20.230
24 and 28.20.240; and
25 (6) the person has not previously been convicted of violating the
26 limitations of an ignition interlock limited license or been convicted of violating the
27 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those
28 sections.
29 * Sec. 4. AS 28.15.201 is amended by adding a new subsection to read:
30 (f) If a person is required to use an ignition interlock device as a condition of a
31 limited license under this section and the device prevents a vehicle from being
01 operated, the person has not violated the requirements of the limited license by
02 attempting to operate the vehicle.
03 * Sec. 5. AS 28.35.030(b) is amended to read:
04 (b) Except as provided under (n) of this section, driving while under the
05 influence of an alcoholic beverage, inhalant, or controlled substance is a class A
06 misdemeanor. Upon conviction,
07 (1) the court shall impose a minimum sentence of imprisonment of
08 (A) not less than 72 consecutive hours, require the person to
09 use an ignition interlock device after the person regains the privilege,
10 including any limited privilege, to operate a motor vehicle for a minimum
11 of 12 months during the period of probation, and impose a fine of not less
12 than $1,500 if the person has not been previously convicted;
13 (B) not less than 20 days, require the person to use an
14 ignition interlock device after the person regains the privilege, including
15 any limited privilege, to operate a motor vehicle for a minimum of 24
16 months during the period of probation, and impose a fine of not less than
17 $3,000 if the person has been previously convicted once;
18 (C) not less than 60 days, require the person to use an
19 ignition interlock device after the person regains the privilege, including
20 any limited privilege, to operate a motor vehicle for a minimum of 36
21 months during the period of probation, and impose a fine of not less than
22 $4,000 if the person has been previously convicted twice and is not subject to
23 punishment under (n) of this section;
24 (D) not less than 120 days, require the person to use an
25 ignition interlock device after the person regains the privilege, including
26 any limited privilege, to operate a motor vehicle throughout the period of
27 probation, and impose a fine of not less than $5,000 if the person has been
28 previously convicted three times and is not subject to punishment under (n) of
29 this section;
30 (E) not less than 240 days, require the person to use an
31 ignition interlock device after the person regains the privilege, including
01 any limited privilege, to operate a motor vehicle throughout the period of
02 probation, and impose a fine of not less than $6,000 if the person has been
03 previously convicted four times and is not subject to punishment under (n) of
04 this section;
05 (F) not less than 360 days, require the person to use an
06 ignition interlock device after the person regains the privilege, including
07 any limited privilege, to operate a motor vehicle throughout the period of
08 probation, and impose a fine of not less than $7,000 if the person has been
09 previously convicted more than four times and is not subject to punishment
10 under (n) of this section;
11 (2) the court may not
12 (A) suspend execution of sentence or grant probation except on
13 condition that the person
14 (i) serve the minimum imprisonment under (1) of this
15 subsection; and
16 (ii) pay the minimum fine required under (1) of this
17 subsection;
18 (B) suspend imposition of sentence;
19 (3) the court shall revoke the person's driver's license, privilege to
20 drive, or privilege to obtain a license under AS 28.15.181, and may order that the
21 motor vehicle, aircraft, or watercraft that was used in commission of the offense be
22 forfeited under AS 28.35.036; and
23 (4) the court may order that the person, while incarcerated or as a
24 condition of probation or parole, take a drug or combination of drugs intended to
25 prevent the consumption of an alcoholic beverage; a condition of probation or parole
26 imposed under this paragraph is in addition to any other condition authorized under
27 another provision of law.
28 * Sec. 6. AS 28.35.030(n) is amended to read:
29 (n) A person is guilty of a class C felony if the person is convicted under (a) of
30 this section and either has been previously convicted two or more times since
31 January 1, 1996, and within the 10 years preceding the date of the present offense, or
01 punishment under this subsection or under AS 28.35.032(p) was previously imposed
02 within the last 10 years. For purposes of determining minimum sentences based on
03 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction,
04 the court
05 (1) shall impose a fine of not less than $10,000, require the person to
06 use an ignition interlock device after the person regains the privilege to operate a
07 motor vehicle throughout the period of probation, and impose a minimum sentence
08 of imprisonment of not less than
09 (A) 120 days if the person has been previously convicted twice;
10 (B) 240 days if the person has been previously convicted three
11 times;
12 (C) 360 days if the person has been previously convicted four
13 or more times;
14 (2) may not
15 (A) suspend execution of sentence or grant probation except on
16 condition that the person
17 (i) serve the minimum imprisonment under (1) of this
18 subsection; and
19 (ii) pay the minimum fine required under (1) of this
20 subsection; or
21 (B) suspend imposition of sentence;
22 (3) shall permanently revoke the person's driver's license, privilege to
23 drive, or privilege to obtain a license subject to restoration of the license under (o) of
24 this section;
25 (4) may order that the person, while incarcerated or as a condition of
26 probation or parole, take a drug or combination of drugs, intended to prevent the
27 consumption of an alcoholic beverage; a condition of probation or parole imposed
28 under this paragraph is in addition to any other condition authorized under another
29 provision of law;
30 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft,
31 or aircraft used in the commission of the offense, subject to remission under
01 AS 28.35.037; and
02 (6) shall order the department to revoke the registration for any vehicle
03 registered by the department in the name of the person convicted under this
04 subsection; if a person convicted under this subsection is a registered co-owner of a
05 vehicle or is registered as a co-owner under a business name, the department shall
06 reissue the vehicle registration and omit the name of the person convicted under this
07 subsection.
08 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read:
09 (u) Notwithstanding (b), (n), or (r) of this section, the court shall waive the
10 requirement of the use of an ignition interlock device when a person operates a motor
11 vehicle in a community included on the list published by the department under
12 AS 28.22.011(b).
13 * Sec. 8. AS 28.35.032(g) is amended to read:
14 (g) Upon conviction under this section,
15 (1) the court shall impose a minimum sentence of imprisonment of
16 (A) not less than 72 consecutive hours, require the person to
17 use an ignition interlock device after the person regains the privilege to
18 operate a motor vehicle for a minimum of 12 months during the period of
19 probation, and impose a fine of not less than $1,500 if the person has not been
20 previously convicted;
21 (B) not less than 20 days, require the person to use an
22 ignition interlock device after the person regains the privilege to operate a
23 motor vehicle for a minimum of 24 months during the period of
24 probation, and impose a fine of not less than $3,000 if the person has been
25 previously convicted once;
26 (C) not less than 60 days, require the person to use an
27 ignition interlock device after the person regains the privilege to operate a
28 motor vehicle for a minimum of 36 months during the period of
29 probation, and impose a fine of not less than $4,000 if the person has been
30 previously convicted twice and is not subject to punishment under (p) of this
31 section;
01 (D) not less than 120 days, require the person to use an
02 ignition interlock device after the person regains the privilege to operate a
03 motor vehicle throughout the period of probation, and impose a fine of not
04 less than $5,000 if the person has been previously convicted three times and is
05 not subject to punishment under (p) of this section;
06 (E) not less than 240 days, require the person to use an
07 ignition interlock device after the person regains the privilege to operate a
08 motor vehicle throughout the period of probation, and impose a fine of not
09 less than $6,000 if the person has been previously convicted four times and is
10 not subject to punishment under (p) of this section;
11 (F) not less than 360 days, require the person to use an
12 ignition interlock device after the person regains the privilege to operate a
13 motor vehicle throughout the period of probation, and impose a fine of not
14 less than $7,000 if the person has been previously convicted more than four
15 times and is not subject to punishment under (p) of this section;
16 (2) the court may not
17 (A) suspend execution of the sentence required by (1) of this
18 subsection or grant probation, except on condition that the person
19 (i) serve the minimum imprisonment under (1) of this
20 subsection; and
21 (ii) pay the minimum fine required under (1) of this
22 subsection; or
23 (B) suspend imposition of sentence;
24 (3) the court shall revoke the person's driver's license, privilege to
25 drive, or privilege to obtain a license under AS 28.15.181, and may order that the
26 motor vehicle, aircraft, or watercraft that was used in commission of the offense be
27 forfeited under AS 28.35.036;
28 (4) the court may order that the person, while incarcerated or as a
29 condition of probation or parole, take a drug or combination of drugs intended to
30 prevent the consumption of an alcoholic beverage; a condition of probation or parole
31 imposed under this paragraph is in addition to any other condition authorized under
01 another provision of law; and
02 (5) the sentence imposed by the court under this subsection shall run
03 consecutively with any other sentence of imprisonment imposed on the person.
04 * Sec. 9. AS 28.35.032(p) is amended to read:
05 (p) A person is guilty of a class C felony if the person is convicted under this
06 section and either has been previously convicted two or more times since January 1,
07 1996, and within the 10 years preceding the date of the present offense, or punishment
08 under this subsection or under AS 28.35.030(n) was previously imposed within the
09 last 10 years. For purposes of determining minimum sentences based on previous
10 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction,
11 (1) the court shall impose a fine of not less than $10,000, require the
12 person to use an ignition interlock device after the person regains the privilege to
13 operate a motor vehicle throughout the period of probation, and impose a
14 minimum sentence of imprisonment of not less than
15 (A) 120 days if the person has been previously convicted twice;
16 (B) 240 days if the person has been previously convicted three
17 times;
18 (C) 360 days if the person has been previously convicted four
19 or more times;
20 (2) the court may not
21 (A) suspend execution of the sentence required by (1) of this
22 subsection or grant probation, except on condition that the person
23 (i) serve the minimum imprisonment under (1) of this
24 subsection; and
25 (ii) pay the minimum fine required under (1) of this
26 subsection; or
27 (B) suspend imposition of sentence;
28 (3) the court shall permanently revoke the person's driver's license,
29 privilege to drive, or privilege to obtain a license subject to restoration under (q) of
30 this section;
31 (4) the court may order that the person, while incarcerated or as a
01 condition of probation or parole, take a drug, or combination of drugs, intended to
02 prevent consumption of an alcoholic beverage; a condition of probation or parole
03 imposed under this paragraph is in addition to any other condition authorized under
04 another provision of law;
05 (5) the sentence imposed by the court under this subsection shall run
06 consecutively with any other sentence of imprisonment imposed on the person;
07 (6) the court shall order forfeiture under AS 28.35.036, of the motor
08 vehicle, aircraft, or watercraft used in the commission of the offense, subject to
09 remission under AS 28.35.037; and
10 (7) the court shall order the department to revoke the registration for
11 any vehicle registered by the department in the name of the person convicted under
12 this subsection; if a person convicted under this subsection is a registered co-owner of
13 a vehicle, the department shall reissue the vehicle registration and omit the name of
14 the person convicted under this subsection.
15 * Sec. 10. AS 28.35.032 is amended by adding a new subsection to read:
16 (u) Notwithstanding (g) or (p) of this section, the court shall waive the
17 requirement of the use of an ignition interlock device when a person operates a motor
18 vehicle in a community included on the list published by the department under
19 AS 28.22.011(b).
20 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to
21 read:
22 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of
23 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is
24 eligible to receive a limited license under AS 28.15.201(d), as that subsection read on the day
25 before the effective date of this Act, may continue to use that limited license or may receive a
26 limited license as provided in AS 28.15.201 as that section read on the day before the
27 effective date of this Act and is subject to penalties for violating the limitations on that license
28 as provided in AS 28.15.291 as that statute read on the day before the effective date of this
29 Act.
30 * Sec. 12. This Act takes effect January 1, 2008.
