H.F. 2052 Section 1. NEW SECTION . 124.401H Public intoxication —— 1 controlled substances —— notifications —— expungement. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Arrest” means the same as defined in section 804.5 and 5 includes taking into custody pursuant to section 232.19. 6 b. “Chemical test” means a test of a person’s blood or urine 7 to determine the presence of a controlled substance. 8 c. “Intoxicated” or “intoxication” means the condition of 9 having physical or mental control markedly diminished by the 10 effects of a controlled substance. 11 d. “Peace officer” means the same as defined in section 12 801.4. 13 2. a. A person in a public place shall not be under the 14 influence of a controlled substance or have any amount of 15 a controlled substance present in the person, as measured 16 in the person’s blood or urine. A person violating this 17 subsection commits public intoxication and is guilty of a 18 simple misdemeanor. 19 b. This subsection does not apply to a person under 20 the influence of a controlled substance if the controlled 21 substance was prescribed for the person and was taken under the 22 prescription and in accordance with the directions of a medical 23 practitioner, as defined in chapter 155A, or if the substance 24 was dispensed by a pharmacist without a prescription pursuant 25 to the rules of the board of pharmacy. 26 3. When a peace officer arrests a person on a charge of 27 public intoxication due to a controlled substance under this 28 section, the peace officer shall inform the person that the 29 person may have a chemical test administered at the person’s 30 own expense. In a prosecution for public intoxication due to 31 a controlled substance, evidence of the results of a chemical 32 test performed under this subsection is admissible upon proof 33 of a proper foundation. 34 4. a. A peace officer shall make a reasonable effort to 35 -1- LSB 5091YH (6) 90 as/js 1/ 5

H.F. 2052 identify a person under the age of eighteen who violates this 1 section and refer the person to juvenile court. 2 b. A juvenile court officer shall notify the person’s 3 custodial parent, legal guardian, or custodian of the 4 violation. In addition, the juvenile court officer shall 5 make a reasonable effort to identify the elementary or 6 secondary school the person attends, if any, and to notify the 7 superintendent of the school district or the superintendent’s 8 designee, or the authorities in charge of the nonpublic school, 9 of the violation. A reasonable attempt to notify the person 10 includes but is not limited to a telephone call or notice by 11 first-class mail. 12 5. Upon the expiration of two years following conviction for 13 a violation of this section or of a similar local ordinance, a 14 person may petition the court to expunge the conviction. If 15 the person has had no other criminal convictions, other than 16 local traffic violations or simple misdemeanor violations of 17 chapter 321 during the two-year period, the conviction shall 18 be expunged as a matter of law. The court shall enter an 19 order that the record of the conviction be expunged by the 20 clerk of the district court. Notwithstanding section 692.2, 21 after receipt of notice from the clerk of the district court 22 that a record of conviction has been expunged, the record of 23 conviction shall be removed from the criminal history data 24 files maintained by the department of public safety if such a 25 record was maintained in the criminal history data files. 26 Sec. 2. Section 124.411, subsection 3, Code 2024, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. An offense under section 124.401H, 29 subsection 2. 30 Sec. 3. Section 125.34, subsection 1, Code 2024, is amended 31 to read as follows: 32 1. A person with a substance use disorder due to 33 intoxication or substance-induced incapacitation may come 34 voluntarily to a facility for emergency treatment. A person 35 -2- LSB 5091YH (6) 90 as/js 2/ 5

H.F. 2052 who appears to be intoxicated or incapacitated by a substance 1 in a public place and in need of help may be taken to a facility 2 by a peace officer under section 125.91 . If the person refuses 3 the proffered help, the person may be arrested and charged with 4 intoxication under section 123.46 or 124.401H , if applicable. 5 Sec. 4. Section 232.22, subsection 3, paragraph c, 6 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 7 to read as follows: 8 A room in a facility intended or used for the detention of 9 adults if there is probable cause to believe that the child has 10 committed a delinquent act which if committed by an adult would 11 be a felony, or aggravated misdemeanor under section 708.2 12 or 709.11 , a serious or aggravated misdemeanor under section 13 321J.2 , or a violation of section 123.46 or 124.401H , and if 14 all of the following apply: 15 Sec. 5. Section 232.22, subsection 3, paragraph c, 16 subparagraph (2), Code 2024, is amended to read as follows: 17 (2) However, if the child is to be detained for a violation 18 of section 123.46 , 124.401H, or section 321J.2 , placement in 19 a facility pursuant to this paragraph “c” shall be made only 20 after an attempt has been made to notify the parents or legal 21 guardians of the child and request that the parents or legal 22 guardians take custody of the child. If the parents or legal 23 guardians cannot be contacted, or refuse to take custody of the 24 child, an attempt shall be made to place the child in another 25 facility, including but not limited to a local hospital or 26 shelter care facility. Also, a child detained for a violation 27 of section 123.46 , 124.401H, or section 321J.2 pursuant to this 28 paragraph “c” shall only be detained in a facility with adequate 29 staff to provide continuous visual supervision of the child. 30 Sec. 6. Section 701.12, subsection 1, Code 2024, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0c. Section 124.401H. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5091YH (6) 90 as/js 3/ 5

H.F. 2052 the explanation’s substance by the members of the general assembly. 1 This bill relates to intoxication by a controlled substance 2 in public places, and provides penalties. 3 The bill provides that a person in a public place shall 4 not be under the influence of a controlled substance or have 5 any amount of a controlled substance present in the person, 6 as measured in the person’s blood or urine. The bill does 7 not apply to a person under the influence of a controlled 8 substance prescribed for the person and taken as directed by 9 a medical practitioner or if the substance was dispensed by a 10 pharmacist without a prescription pursuant to the rules of the 11 board of pharmacy. A person violating the bill commits public 12 intoxication and is guilty of a simple misdemeanor. A simple 13 misdemeanor is punishable by confinement for no more than 30 14 days and a fine of at least $105 but not more than $855. 15 The bill provides that a peace officer making an arrest for 16 public intoxication by a controlled substance shall inform the 17 person that the person may have a chemical test administered 18 at the person’s own expense. In a prosecution for public 19 intoxication due to a controlled substance, evidence of the 20 results of a chemical test performed is admissible upon proof 21 of a proper foundation. 22 The bill provides that a peace officer shall make a 23 reasonable effort to identify a person under the age of 18 24 who violates the bill and refer the person to juvenile court. 25 A juvenile court officer shall notify the person’s custodial 26 parent, legal guardian, or custodian of the violation. The 27 juvenile court officer shall make a reasonable effort to 28 identify the elementary or secondary school the person attends, 29 if any, and to notify the superintendent of the school district 30 or the superintendent’s designee, or the authorities in charge 31 of the nonpublic school, of the violation. 32 The bill provides that upon the expiration of two years 33 following conviction for a violation of the bill, a person may 34 petition the court to expunge the conviction. If the person 35 -4- LSB 5091YH (6) 90 as/js 4/ 5

H.F. 2052 has had no other criminal convictions, other than local traffic 1 violations or simple misdemeanor violations of Code chapter 2 321, the conviction shall be expunged as a matter of law. 3 The bill provides that consideration of a second or 4 subsequent offense for purposes of sentencing for a violation 5 of Code chapter 124 (controlled substances) does not apply to a 6 violation of the bill. 7 The bill describes the facilities where a child detained for 8 a violation of the bill may be held. 9 The bill makes conforming Code changes. 10 -5- LSB 5091YH (6) 90 as/js 5/ 5