House File 678 - Introduced



                                       HOUSE FILE       
                                       BY  ALONS and BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to minors and public intoxication or possession
  2    of alcohol.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1046YH 82
  5 rh/je/5

PAG LIN



  1  1    Section 1.  Section 123.46, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  If a person under the age of eighteen
  1  4 commits a violation of this section, the matter shall be
  1  5 disposed of in the manner provided in chapter 232.
  1  6    Sec. 2.  Section 123.46, subsection 4, Code 2007, is
  1  7 amended to read as follows:
  1  8    4.  a.  A peace officer shall make a reasonable effort to
  1  9 identify a person under the age of eighteen who violates this
  1 10 section and, if the person is not referred to juvenile court,
  1 11 the law enforcement agency of which the peace officer is an
  1 12 employee shall make a reasonable attempt to notify the
  1 13 person's custodial parent, or legal guardian, or custodian of
  1 14 the violation, whether or not the person is taken into
  1 15 custody, unless the officer has reasonable grounds to believe
  1 16 that notification is not in the best interests of the person
  1 17 or will endanger that person pursuant to section 232.19,
  1 18 subsection 2.
  1 19    b.  The peace officer shall also make a reasonable effort
  1 20 to identify the elementary or secondary school which the
  1 21 person attends if the person is enrolled in elementary or
  1 22 secondary school and to notify the superintendent or the
  1 23 superintendent's designee of the school which the person
  1 24 attends, or the authorities in charge of the nonpublic school
  1 25 which the person attends, of the violation.  If the person is
  1 26 taken into custody, the The peace officer shall notify a
  1 27 juvenile court officer who shall make a reasonable effort to
  1 28 identify the elementary or secondary school the person
  1 29 attends, if any, and to notify the superintendent of the
  1 30 school district or the superintendent's designee, or the
  1 31 authorities in charge of the nonpublic school, of the
  1 32 violation.  A reasonable attempt to notify the person
  1 33 includes, but is not limited to, a telephone call or notice by
  1 34 first=class mail.
  1 35    Sec. 3.  Section 123.47, subsection 3, paragraph c, Code
  2  1 2007, is amended to read as follows:
  2  2    c.  If the a person who under the age of eighteen commits a
  2  3 violation of this section is under the age of eighteen, the
  2  4 matter shall be disposed of in the manner provided in chapter
  2  5 232.
  2  6    Sec. 4.  Section 123.47B, Code 2007, is amended to read as
  2  7 follows:
  2  8    123.47B  PARENTAL AND SCHOOL NOTIFICATION == PERSONS UNDER
  2  9 EIGHTEEN YEARS OF AGE.
  2 10    1.  A peace officer shall make a reasonable effort to
  2 11 identify a person under the age of eighteen discovered to be
  2 12 in possession of alcoholic liquor, wine, or beer in violation
  2 13 of section 123.47 and if the person is not referred to
  2 14 juvenile court, the law enforcement agency of which the peace
  2 15 officer is an employee shall make a reasonable attempt to
  2 16 notify the person's custodial parent, or legal guardian, or
  2 17 custodian of such possession, whether or not the person is
  2 18 arrested or a citation is issued pursuant to section 805.16,
  2 19 unless the officer has reasonable grounds to believe that such
  2 20 notification is not in the best interests of the person or
  2 21 will endanger that person pursuant to section 232.19,
  2 22 subsection 2.
  2 23    2.  The peace officer shall also make a reasonable effort
  2 24 to identify the elementary or secondary school which the
  2 25 person attends if the person is enrolled in elementary or
  2 26 secondary school and to notify the superintendent or the
  2 27 superintendent's designee of the school which the person
  2 28 attends, or the authorities in charge of the nonpublic school
  2 29 which the person attends, of the possession.  If the person is
  2 30 taken into custody, the The peace officer shall notify a
  2 31 juvenile court officer who shall make a reasonable effort to
  2 32 identify the elementary or secondary school the person
  2 33 attends, if any, and to notify the superintendent of the
  2 34 school district or the superintendent's designee, or the
  2 35 authorities in charge of the nonpublic school, of the taking
  3  1 into custody.  A reasonable attempt to notify the person
  3  2 includes but is not limited to a telephone call or notice by
  3  3 first=class mail.
  3  4    Sec. 5.  Section 232.8, subsection 1, paragraph b, Code
  3  5 2007, is amended to read as follows:
  3  6    b.  Violations Except for violations by a child of section
  3  7 321.284 or 321.284A, violations by a child of provisions of
  3  8 chapter 321, 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B,
  3  9 483A, 484A, or 484B, which would be simple misdemeanors if
  3 10 committed by an adult, and violations by a child of county or
  3 11 municipal curfew or traffic ordinances, are excluded from the
  3 12 jurisdiction of the juvenile court and shall be prosecuted as
  3 13 simple misdemeanors as provided by law.  A child convicted of
  3 14 a violation excluded from the jurisdiction of the juvenile
  3 15 court under this paragraph shall be sentenced pursuant to
  3 16 section 805.8, where applicable, and pursuant to section
  3 17 903.1, subsection 3, for all other violations.
  3 18    Sec. 6.  Section 321.284, Code 2007, is amended to read as
  3 19 follows:
  3 20    321.284  OPEN CONTAINERS IN MOTOR VEHICLES == DRIVERS.
  3 21    1.  A driver of a motor vehicle upon a public street or
  3 22 highway shall not possess in the passenger area of the motor
  3 23 vehicle an open or unsealed bottle, can, jar, or other
  3 24 receptacle containing an alcoholic beverage.  "Passenger area"
  3 25 means the area designed to seat the driver and passengers
  3 26 while the motor vehicle is in operation and any area that is
  3 27 readily accessible to the driver or a passenger while in their
  3 28 seating positions, including the glove compartment.  An open
  3 29 or unsealed receptacle containing an alcoholic beverage may be
  3 30 transported in the trunk of the motor vehicle.  An unsealed
  3 31 receptacle containing an alcoholic beverage may be transported
  3 32 behind the last upright seat of the motor vehicle if the motor
  3 33 vehicle does not have a trunk.  A person convicted of a
  3 34 violation of this section is guilty of a simple misdemeanor
  3 35 punishable as a scheduled violation under section 805.8A,
  4  1 subsection 14, paragraph "e".
  4  2    2.  If a person under the age of eighteen commits a
  4  3 violation of this section, the matter shall be disposed of in
  4  4 the manner provided in chapter 232.
  4  5    Sec. 7.  Section 321.284A, Code 2007, is amended by adding
  4  6 the following new subsection:
  4  7    NEW SUBSECTION.  5.  If a person under the age of eighteen
  4  8 commits a violation of this section, the matter shall be
  4  9 disposed of in the manner provided in chapter 232.
  4 10    Sec. 8.  Section 805.8A, subsection 14, paragraph e, Code
  4 11 2007, is amended to read as follows:
  4 12    e.  OPEN CONTAINER VIOLATIONS.  For violations under
  4 13 sections 321.284 and 321.284A, the scheduled fine is one
  4 14 hundred dollars.  This paragraph shall not apply to a person
  4 15 under the age of eighteen who commits a violation under
  4 16 section 321.284 or 321.284A.
  4 17    Sec. 9.  Section 805.8C, subsection 7, Code 2007, is
  4 18 amended to read as follows:
  4 19    7.  ALCOHOLIC BEVERAGE VIOLATIONS BY PERSONS UNDER LEGAL
  4 20 AGE.  For first offense violations of section 123.47,
  4 21 subsection 3, the scheduled fine is two hundred dollars.  This
  4 22 subsection shall not apply to a person under the age of
  4 23 eighteen who commits a violation of section 123.47.
  4 24    Sec. 10.  Section 805.16, subsection 1, Code 2007, is
  4 25 amended to read as follows:
  4 26    1.  Except as provided in this subsection and in subsection
  4 27 2 of this section, a peace officer shall issue a police
  4 28 citation or uniform citation and complaint, in lieu of making
  4 29 a warrantless arrest, to a person under eighteen years of age
  4 30 accused of committing a simple misdemeanor under chapter 321,
  4 31 321G, 321I, 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or
  4 32 a local ordinance not subject to the jurisdiction of the
  4 33 juvenile court, and shall not detain or confine the person in
  4 34 a facility regulated under chapter 356 or 356A.  This
  4 35 subsection shall not apply to a person under the age of
  5  1 eighteen for violations of section 123.46, 123.47, 321.284, or
  5  2 321.284A.
  5  3                           EXPLANATION
  5  4    This bill relates to minors and public intoxication or
  5  5 possession of alcohol.
  5  6    The bill provides that a person under the age of 18 (minor)
  5  7 who commits the crime of public intoxication pursuant to Code
  5  8 section 123.46 or who is found to be in possession of alcohol
  5  9 pursuant to Code section 123.47, including open container
  5 10 violations that occur in a motor vehicle pursuant to Code
  5 11 section 321.284 or 321.284A, shall be subject to the
  5 12 jurisdiction of the juvenile court under Code chapter 232.
  5 13 Under Code chapter 232, once a minor is taken into custody,
  5 14 the person taking the minor into custody must notify the
  5 15 minor's parent, guardian, or custodian as soon as possible.
  5 16 Unless the minor is placed in shelter care or detention
  5 17 pursuant to Code section 232.21 or 232.22, the minor shall be
  5 18 released to the minor's parent, guardian, custodian,
  5 19 responsible adult relative, or other adult approved by the
  5 20 court upon the promise of such person to produce the minor in
  5 21 court at such time as the court may direct.
  5 22    The bill makes conforming Code changes to provisions
  5 23 relating to notification of a minor's custodial parent, legal
  5 24 guardian, or custodian by a peace officer and citations issued
  5 25 in lieu of arrest by a peace officer to a minor who commits
  5 26 the crime of public intoxication pursuant to Code section
  5 27 123.46 or who is found to be in possession of alcohol pursuant
  5 28 to Code section 123.47, including open container violations
  5 29 that occur in a motor vehicle pursuant to Code sections
  5 30 321.284 and 321.284A, consistent with the bill.
  5 31 LSB 1046YH 82
  5 32 rh:rj/je/5