Senate File 2043 - Introduced SENATE FILE BY HANCOCK Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to consuming and possessing alcohol, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5046XS 82 5 jm/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 123.47A REFUSAL TO SUBMIT TO 1 2 TEST == NOTIFICATION == CIVIL FINE. 1 3 1. A peace officer who has reasonable grounds to believe a 1 4 person under legal age has violated section 123.47 may request 1 5 that the person under legal age provide a sample of the 1 6 person's breath for a preliminary screening test using a 1 7 device approved by the commissioner of public safety. 1 8 2. If the person under legal age is eighteen years of age 1 9 or older and refuses the request, the person shall be issued a 1 10 citation and is subject to a civil penalty pursuant to section 1 11 805.8C, subsection 7, paragraph "b". 1 12 3. If the person under legal age is under eighteen years 1 13 of age and refuses the request, the person shall be issued a 1 14 citation and is subject to a civil penalty pursuant to section 1 15 805.8C, subsection 7, paragraph "c". 1 16 4. A person under legal age who is under eighteen years of 1 17 age shall not be referred to juvenile court based solely upon 1 18 the refusal of the request and is exempt from the jurisdiction 1 19 of chapter 232. 1 20 5. A peace officer issuing a citation to a person under 1 21 the age of eighteen for refusing a request shall notify the 1 22 person's custodial parent or legal guardian of the refusal, 1 23 unless the officer has reasonable grounds to believe that such 1 24 notification is not in the best interests of the person or 1 25 will endanger that person. 1 26 6. The results of the preliminary screening test or 1 27 refusal to submit to such a test shall be admissible in any 1 28 civil proceeding or criminal prosecution under section 123.47. 1 29 The results of the preliminary screening test shall be 1 30 evidence from which the court or jury may infer that the 1 31 person was in possession of alcohol in violation of section 1 32 123.47. 1 33 7. A person who has been requested to submit to a 1 34 preliminary screening test under this section shall be advised 1 35 by a peace officer of the following: 2 1 a. The test results or a refusal to submit to such a test 2 2 may be used as evidence in any civil, criminal, or juvenile 2 3 proceeding. 2 4 b. Refusal of a test may also result in the assessment of 2 5 a civil penalty. 2 6 Sec. 2. Section 321J.2B, Code 2007, is amended by adding 2 7 the following new subsection: 2 8 NEW SUBSECTION. 3. The peace officer shall also make a 2 9 reasonable effort to identify any person under the age of 2 10 eighteen who is a passenger in a motor vehicle operated by a 2 11 person who violates section 321J.2 or 321J.2A, and shall make 2 12 a reasonable attempt to notify the passenger's custodial 2 13 parent or legal guardian of the operator's violation, unless 2 14 the officer has reasonable grounds to believe that 2 15 notification is not in the best interests of the passenger or 2 16 will endanger the passenger. 2 17 Sec. 3. Section 321J.5, subsection 2, Code 2007, is 2 18 amended to read as follows: 2 19 2. The results of this preliminary screening test may be 2 20 used for the purpose of deciding whether an arrest should be 2 21 made or whether to request a chemical test authorized in this 2 22 chapter, but shall not be used in anycourt actionproceeding 2 23 under this chapter except to prove that a chemical test was 2 24 properly requested of a person pursuant to this chapter. 2 25 Sec. 4. Section 321J.5, Code 2007, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 3. This section shall not be construed to 2 28 prohibit or limit the use of the results of a preliminary 2 29 screening test or the refusal of such test in any proceeding 2 30 conducted pursuant to section 123.46, 123.47, 123.47A, or 2 31 123.49. 2 32 Sec. 5. Section 462A.14A, subsection 2, paragraph b, Code 2 33 Supplement 2007, is amended to read as follows: 2 34 b. The results of this preliminary screening test may be 2 35 used for the purpose of deciding whether an arrest should be 3 1 made or whether to request a chemical test authorized in this 3 2 chapter, but shall not be used in anycourt actionproceeding 3 3 under this chapter except to prove that a chemical test was 3 4 properly requested of a person pursuant to this section. This 3 5 paragraph shall not be construed to prohibit or limit the use 3 6 of the results of a preliminary screening test in any 3 7 proceeding conducted pursuant to section 123.46, 123.47, 3 8 123.47A, or 123.49. 3 9 Sec. 6. Section 602.8105, Code Supplement 2007, is amended 3 10 by adding the following new subsection: 3 11 NEW SUBSECTION. 5. The clerk of the district court shall 3 12 collect a civil penalty assessed against a person for refusing 3 13 a preliminary screening test under section 123.47A. Any 3 14 moneys collected from the civil penalty shall be remitted to 3 15 the general fund of the jurisdiction that brought the 3 16 enforcement action. 3 17 Sec. 7. Section 805.8C, subsection 7, Code Supplement 3 18 2007, is amended to read as follows: 3 19 7. ALCOHOLIC BEVERAGE VIOLATIONS BY PERSONS UNDER LEGAL 3 20 AGE. 3 21 a. For first offense violations of section 123.47, 3 22 subsection 3, the scheduled fine is two hundred dollars. 3 23 b. For violations of section 123.47A, subsection 2, the 3 24 scheduled fine is one hundred dollars, and is a civil penalty, 3 25 the criminal penalty surcharge under section 911.1 shall not 3 26 be added to the penalty, and the court costs pursuant to 3 27 section 805.9, subsection 6, shall not be imposed. If the 3 28 civil penalty assessed for a violation of section 123.47A, 3 29 subsection 2, is not paid in a timely manner, a citation shall 3 30 be issued for the violation in the manner provided in section 3 31 804.1. The complainant shall not be charged a filing fee. 3 32 c. For violations of section 123.47A, subsection 3, the 3 33 scheduled fine is twenty=five dollars, and is a civil penalty, 3 34 the criminal penalty surcharge under section 911.1 shall not 3 35 be added to the penalty, and the court costs pursuant to 4 1 section 805.9, subsection 6, shall not be imposed. If the 4 2 civil penalty assessed for a violation of section 123.47A is 4 3 not paid in a timely manner, a citation shall be issued for 4 4 the violation in the manner provided in section 804.1. 4 5 However, a person under age eighteen shall not be detained in 4 6 a secure facility for failure to pay the civil penalty. The 4 7 complainant shall not be charged a filing fee. 4 8 EXPLANATION 4 9 This bill relates to the consumption and possession of 4 10 alcohol, and provides penalties. 4 11 The bill provides that a peace officer who has reasonable 4 12 grounds to believe a person under legal age has possessed 4 13 alcohol may request the person under legal age to submit a 4 14 sample of the person's breath for a preliminary screening test 4 15 to determine if the person possessed alcohol in violation of 4 16 Code section 123.47. The bill provides that the results of 4 17 the preliminary screening test or the refusal to submit to 4 18 such a test shall also be admissible in any civil, criminal, 4 19 or juvenile proceeding relating to the possession of alcohol. 4 20 Under the bill, if a person under legal age is 18 years of 4 21 age or older and refuses the request to submit a sample of the 4 22 person's breath, the person shall be issued a civil citation 4 23 with a fine of $100. If the person under legal age is under 4 24 18 years of age and refuses the request to submit a sample of 4 25 the person's breath, the person shall be issued a civil 4 26 citation with a fine of $25. An arrest warrant may be issued 4 27 in the same manner as under Code section 804.1 for a person 18 4 28 years of age or older and who fails to pay the civil fine 4 29 assessed under the bill. 4 30 The clerk of the district court shall collect any civil 4 31 penalty assessed pursuant to the bill and shall distribute the 4 32 moneys to the general fund of the jurisdiction that brought 4 33 the enforcement action. 4 34 The bill requires the peace officer issuing a civil 4 35 citation to a person under the age of 18 to notify the 5 1 person's custodial parent or legal guardian of the refusal, 5 2 unless the notification will endanger the person or is not in 5 3 the person's best interests. 5 4 The bill also provides that the results of the preliminary 5 5 screening test or the refusal of such a test is admissible in 5 6 any proceeding pursuant to Code sections 123.46 (consumption 5 7 or intoxication in public places), 123.47 (persons under legal 5 8 age), and 123.49 (miscellaneous prohibitions). 5 9 The bill also requires a peace officer to notify the 5 10 custodial parent or legal guardian of any person under the age 5 11 of 18 who is a passenger in a motor vehicle where an operator 5 12 under the legal age commits a violation of Code section 321J.2 5 13 (operating while intoxicated) or Code section 321J.2A (under 5 14 legal age operating .02), unless the notification will 5 15 endanger the person or it is not in the person's best 5 16 interests. Current law provides that a peace officer shall 5 17 notify the custodial parent or legal guardian of a person 5 18 under the age of 18 who violates Code section 321J.2 or 5 19 321J.2A, unless the notification will endanger the person or 5 20 it is not in the person's best interests. 5 21 LSB 5046XS 82 5 22 jm/nh/8