31-LS0590\A
HOUSE BILL NO. 157
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE EASTMAN
Introduced: 5/13/19
Referred: Transportation, State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to an affirmative defense for driving while under the influence."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 28.35.030 is amended by adding a new subsection to read:
4 (v) It is an affirmative defense to a prosecution under (a) of this section that
5 (1) the defendant's operation of the motor vehicle was limited to using
6 the vehicle's heater or starting the vehicle to use the vehicle's heater;
7 (2) a reasonable person would seek shelter and heat because of the
8 temperature or weather conditions at the time the defendant operated the motor
9 vehicle; and
10 (3) the defendant did not otherwise drive or attempt to drive the motor
11 vehicle.
12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
13 read:
14 APPLICABILITY. This Act applies to offenses committed on or after the effective
15 date of this Act.
HB0157a -1- HB 157
New Text Underlined [DELETED TEXT BRACKETED]


Statutes affected:
HB0157A, AM HB 157, introduced 05/13/2019: 28.35.030