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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 116                                                                                                         
01 Relating to service of citations; amending Rule 3(f), Alaska Rules of Minor Offense                                     
02 Procedure; repealing Rule 3(g), Alaska Rules of Minor Offense Procedure; and providing for                              
03 an effective date.                                                                                                      
04                           _______________                                                                               
05    * Section 1. AS 12.25.175(a) is amended to read:                                                                   
06            (a)  Notwithstanding any contrary provision of law, a citation issued by a peace                             
07       officer or [AND] by another person who is authorized by law to issue a citation in the                        
08       state must comply with standards concerning uniform citation format and procedure                                 
09       adopted by the Department of Public Safety. The standards must include                                            
10                 (1)  a statewide numbering system for citations;                                                        
11                 (2)  a requirement that a citation be made upon oath or affirmation                                     
12       before a person authorized by law to administer oaths or affirmations or signed with a                            
13       certification under penalty of perjury that the citation is true and was personally served                        
14       on the person charged or served in a manner permitted under (d) of this section;                              
01                 (3)  a requirement that the citation contain information required by                                    
02       AS 12.25.200(b).                                                                                                  
03    * Sec. 2. AS 12.25.175 is amended by adding a new subsection to read:                                              
04            (d)  The standards adopted by the department under (a) of this section must                                  
05       allow for service of a citation by other than personal service when the citation is for                           
06       commission of an infraction or a violation for an offense other than an offense under                             
07       AS 04.16.050 or an offense involving a moving motor vehicle, the offense is                                       
08       punishable by a fine of $500 or less, and the peace officer or other person authorized                            
09       by law to issue the citation                                                                                      
10                 (1)  leaves the citation in a conspicuous place on the vehicle or other                                 
11       personal or real property that was the subject of the infraction or violation; or                                 
12                 (2)  serves the citation in a manner permitted for service of process                                   
13       under Rule 4, Alaska Rules of Civil Procedure.                                                                    
14    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16            DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Rules of Minor                                                
17       Offense Procedure, is amended to read:                                                                            
18            (f)  Required Statements. The officer must state on the citation that the                                  
19       officer has probable cause to believe the defendant committed the offense but need not                            
20       state the grounds for the probable cause determination beyond the essential facts. The                            
21       officer must certify, under penalty of perjury, that the information in the citation is                           
22       true and that the officer [PERSONALLY] served the citation on the defendant as                                
23       required by AS 12.25.175 - 12.25.190.                                                                         
24    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       REPEAL OF COURT RULE. Rule 3(g), Alaska Rules of Minor Offense Procedure, is                                      
27 repealed.                                                                                                               
28    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).                                                 
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