 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Fowler v. State5/23/2003
No. 1878
On May 8, 2001, the Alaska Legislature passed a bill that amended the definition of felony driving while intoxicated, AS 28.35.030(n). Previously, driving while intoxicated had been a felony if a defendant had two prior convictions within the preceding five years. The 2001 amendment increased the "look-back" period to ten years.
Under Alaska law, a bill takes effect on the 90th day after the governor signs it, unless the legislature specifies otherwise. Here, the legislature did specify otherwise: the bill provided that the amended version of AS 28.35.030(n) would take effect on July 1, 2001 (about eight weeks after the legislature passed the bill). However, the legislature delayed transmitting the bill to the governor until June 20, and the governor did not sign the bill until July 3 - i.e., after the legislature's specified effective date.
On the following day - July 4, 2001 - Eric Fowler committed the offense of driving while intoxicated. He had two prior convictions within the preceding ten years, but not within the preceding five years. Thus, Fowler's offense would be a felony if the amended law was in effect on July 4, but only a misdemeanor if the amended law had not yet taken effect.
Fowler argues that because the governor did not sign the bill until after the effective date specified by the legislature, the bill must be treated as if the legislature had never specified a special effective date. According to this argument, the new law must be deemed to have gone into effect on October 1 - the 90th day following the governor's signature.
Alternatively, Fowler argues that even if the new law would normally have gone into effect on the day after the governor signed it, there was an additional delay in this case because the following day was July 4, a state holiday. Fowler argues that a new law cannot take effect on a holiday.
For the reasons explained here, we reject both of Fowler's arguments. We conclude that the new version of AS 28.35.030(n) took effect at 12:01 a.m. on July 4, 2001 - and that Fowler was therefore properly charged with felony driving while intoxicated.
A brief description of Alaska law on this subject
Article II, Section 18 of the Alaska Constitution states: "Laws passed by the legislature [normally] become effective ninety days after enactment [, but the] legislature may, by concurrence of two-thirds of the membership of each house, provide for another effective date." To clarify and carry out the mandate of this constitutional provision, the legislature enacted AS 01.10.070.
Under subsection (b) of this statute, a bill that does not specify a particular effective date takes effect at 12:01 a.m., Alaska Standard Time, on the 90th calendar day following the governor's signature. Under subsection (c), if a bill specifies that it takes effect "immediately," the bill takes effect at 12:01 a.m., Alaska Standard Time, on the day after it is signed by the governor.
Subsection (d) of AS 01.10.070 deals with bills that specify a particular effective date. The current version of subsection (d) codifies a rule that resolves situations like the one presented in Fowler's case:
(d) An Act that specifies a definite effective date becomes effective at 12:01 a.m., Alaska Standard Time, on the date specified. However, if the specified ... effective date is on or before the day the governor signs the Act, ... the Act becomes effective at 12:01 a.m., Alaska Standard Time, on the day after the governor signs the Act ... .
The problem is that when the events in Fowler's case arose in 2001, subsection (d) did not contain the sec
Page 1 2 3 4 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|