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House Amendment 3482

Amendment Text

PAG LIN
  1  1    Amend House File 528 as follows:
  1  2    #1.  Page 4, by inserting after line 13 the
  1  3 following:
  1  4    "Sec.    .  Section 123.47, Code 1995, is amended
  1  5 to read as follows:
  1  6    123.47  PERSONS UNDER THE AGE OF EIGHTEEN &endash;
  1  7 PENALTY.
  1  8    A person shall not sell, give, or otherwise supply
  1  9 alcoholic liquor, wine, or beer to any person knowing
  1 10 or having reasonable cause to believe that person to
  1 11 be under the age of eighteen, and a person or persons
  1 12 under the age of eighteen shall not purchase or
  1 13 attempt to purchase, or individually or jointly have
  1 14 alcoholic liquor, wine, or beer in their possession or
  1 15 control; except in the case of liquor, wine, or beer
  1 16 given or dispensed to a person under the age of
  1 17 eighteen within a private home and with the knowledge,
  1 18 presence, and consent of the parent or guardian, or
  1 19 with the signed, written consent of the parent or
  1 20 guardian specifying the date and place for the
  1 21 consumption and displayed by the person upon demand,
  1 22 for beverage or medicinal purposes or as administered
  1 23 to the person by either a physician or dentist for
  1 24 medicinal purposes and except to the extent that a
  1 25 person under the age of eighteen may handle alcoholic
  1 26 beverages, wine, and beer during the regular course of
  1 27 the person's employment by a liquor control licensee,
  1 28 or wine or beer permittee under this chapter.  A
  1 29 person, other than a licensee or permittee, who
  1 30 violates this section regarding the purchase of or
  1 31 attempt to purchase alcoholic liquor, wine, or beer
  1 32 shall pay a twenty-five dollar penalty.
  1 33    Sec.    .  Section 123.47B, Code 1995, is amended
  1 34 to read as follows:
  1 35    123.47B  PARENTAL AND SCHOOL NOTIFICATION &endash;
  1 36 PERSONS UNDER EIGHTEEN YEARS OF AGE.
  1 37    A peace officer shall make a reasonable effort to
  1 38 identify a person under the age of eighteen discovered
  1 39 to be in possession of alcoholic liquor, wine, or beer
  1 40 in violation of section 123.47 and if the person is
  1 41 not referred to juvenile court, the law enforcement
  1 42 agency of which the peace officer is an employee shall
  1 43 make a reasonable attempt to notify the person's
  1 44 custodial parent or legal guardian of such possession,
  1 45 whether or not the person is arrested or a citation is
  1 46 issued pursuant to section 805.16, unless the officer
  1 47 has reasonable grounds to believe that such
  1 48 notification is not in the best interests of the
  1 49 person or will endanger that person.  If the person is
  1 50 taken into custody, the peace officer shall notify a
  2  1 juvenile court officer who shall make a reasonable
  2  2 effort to identify the elementary or secondary school
  2  3 the person attends, if any, and to notify the
  2  4 superintendent of the school district or the
  2  5 superintendent's designee, or the authorities in
  2  6 charge of the nonpublic school of the taking into
  2  7 custody.  A reasonable attempt to notify the person
  2  8 includes but is not limited to a telephone call or
  2  9 notice by first class mail.
  2 10    Sec.    .  Section 124.415, Code 1995, is amended
  2 11 to read as follows:
  2 12    124.415  PARENTAL AND SCHOOL NOTIFICATION &endash;
  2 13 PERSONS UNDER EIGHTEEN YEARS OF AGE.
  2 14    A peace officer shall make a reasonable effort to
  2 15 identify a person under the age of eighteen discovered
  2 16 to be in possession of a controlled substance,
  2 17 counterfeit substance, or simulated controlled
  2 18 substance in violation of this chapter, and if the
  2 19 person is not referred to juvenile court the law
  2 20 enforcement agency of which the peace officer is an
  2 21 employee shall make a reasonable attempt to notify the
  2 22 person's custodial parent or legal guardian of such
  2 23 possession, whether or not the person is arrested,
  2 24 unless the officer has reasonable grounds to believe
  2 25 that such notification is not in the best interests of
  2 26 the person or will endanger that person.  If the
  2 27 person is taken into custody, the peace officer shall
  2 28 notify a juvenile court officer who shall make a
  2 29 reasonable effort to identify the elementary or
  2 30 secondary school the person attends, if any, and to
  2 31 notify the superintendent of the school district, the
  2 32 superintendent's designee, or the authorities in
  2 33 charge of the nonpublic school of the taking into
  2 34 custody.  A juvenile court officer may also notify the
  2 35 superintendent of the school district, the
  2 36 superintendent's designee, or the authorities in
  2 37 charge of the nonpublic school of the taking into
  2 38 custody.  A reasonable attempt to notify the person
  2 39 includes but is not limited to a telephone call or
  2 40 notice by first class mail."
  2 41    #2.  Page 6, by striking lines 26 and 27 and
  2 42 inserting the following:  "waived to and convicted of
  2 43 an aggravated misdemeanor or a felony by in the
  2 44 district court, all criminal proceedings".
  2 45    #3.  Page 6, line 28, by inserting after the word
  2 46 "any" the following:  "aggravated misdemeanor or".
  2 47    #4.  Page 6, line 29, by striking the words
  2 48 "conviction waiver" and inserting the following:
  2 49 "conviction".
  2 50    #5.  Page 6, line 34, by inserting before the words
  3  1 "a felony" the following:  "an aggravated misdemeanor
  3  2 or".
  3  3    #6.  Page 6, line 35, by striking the words ", or
  3  4 waived to and convicted of such" and inserting the
  3  5 following:  "and convicted of such".
  3  6    #7.  Page 7, line 1, by striking the words "offense
  3  7 by" and inserting the following:  "offense by
  3  8 aggravated misdemeanor or a felony in".
  3  9    #8.  Page 7, line 3, by striking the words "or
  3 10 waiver".
  3 11    #9.  Page 7, by inserting after line 26 the
  3 12 following:
  3 13    "Sec.    .  Section 232.148, subsection 5,
  3 14 paragraph c, Code 1995, is amended by striking the
  3 15 paragraph."
  3 16    #10.  Page 7, line 29, by inserting after the word
  3 17 "criminal" the following:  "or juvenile".
  3 18    #11.  Page 8, line 33, by striking the word "or,"
  3 19 and inserting the following:  "or".
  3 20    #12.  Page 16, by striking lines 14 and 15 and
  3 21 inserting the following:  "and also includes the
  3 22 source documents of the information included in the
  3 23 criminal history data and fingerprint records."
  3 24    #13.  By striking page 18, line 35, through page
  3 25 19, line 9.
  3 26    #14.  Title page, lines 8 through 10, by striking
  3 27 the words "eliminating the notice required for
  3 28 students before certain locker searches," and
  3 29 inserting the following:  "limiting the circumstances
  3 30 under which a juvenile may consume alcoholic
  3 31 beverages, providing for notice to parents when a
  3 32 juvenile is taken into custody for alcohol offenses,".  
  3 33 
  3 34 
  3 35                              
  3 36 LAMBERTI of Polk
  3 37 HF 528.304 76
  3 38 mk/cf

Text: H03481                            Text: H03483
Text: H03400 - H03499                   Text: H Index
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