House Study Bill 605 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL) A BILL FOR An Act relating to the criminal offense of simulated public 1 intoxication. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5222IC (5) 83 jm/nh

S.F. _____ H.F. _____ Section 1. Section 123.46, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A person shall not use or consume alcoholic liquor, wine, 3 or beer upon the public streets or highways. A person shall 4 not use or consume alcoholic liquor in any public place except 5 premises covered by a liquor control license. A person shall 6 not possess or consume alcoholic liquors, wine, or beer on 7 public school property or while attending a public or private 8 school-related function. A person shall not be intoxicated or 9 simulate intoxication in a public place. A person violating 10 this subsection is guilty of a simple misdemeanor. 11 Sec. 2. Section 123.46, Code 2009, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. A person shall not simulate 14 intoxication in a public place. A person violating this 15 subsection is guilty of a simple misdemeanor. 16 EXPLANATION 17 This bill relates to simulated public intoxication. The 18 bill transfers the criminal offense of simulated public 19 intoxication in a public place from Code section 123.46, 20 subsection 2, to Code section 123.46, new subsection 2A. 21 The bill does not modify the criminal penalty for simulated 22 public intoxication. A person who commits simulated public 23 intoxication in a public place commits a simple misdemeanor. 24 A simple misdemeanor is punishable by confinement for no 25 more than 30 days or a fine of at least $65 but not more than 26 $625 or by both. 27 -1- LSB 5222IC (5) 83 jm/nh 1/ 1