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 any court action proceeding
  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 any court action proceeding
  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