Text: H05910 Text: H05912 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN
1 1 Amend Senate File 2256, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 1. Section 123.28, unnumbered paragraph
1 6 2, Code 1995, is amended by striking the unnumbered
1 7 paragraph."
1 8 #2. Page 2, by inserting after line 2 the
1 9 following:
1 10 "Sec. . NEW SECTION. 321.281 OPEN CONTAINER
1 11 OR RECEPTACLE IN MOTOR VEHICLE – ALCOHOLIC BEVERAGE.
1 12 A person driving a motor vehicle shall not
1 13 knowingly possess in a motor vehicle upon a public
1 14 street or highway an open or unsealed bottle, can,
1 15 jar, or other receptacle containing an alcoholic
1 16 beverage with the intent to consume the alcoholic
1 17 beverage while the motor vehicle is upon a public
1 18 street or highway. Evidence that an open or unsealed
1 19 receptacle containing an alcoholic beverage was found
1 20 during an authorized search in the glove compartment,
1 21 utility compartment, console, front passenger seat, or
1 22 any unlocked portable device and within the immediate
1 23 reach of the driver while the motor vehicle is upon a
1 24 public street or highway is evidence from which the
1 25 court or jury may infer that the driver intended to
1 26 consume the alcoholic beverage while upon the public
1 27 street or highway if the inference is supported by
1 28 corroborative evidence. However, an open or unsealed
1 29 receptacle containing an alcoholic beverage may be
1 30 transported at any time in the trunk of the motor
1 31 vehicle or in some other area of the interior of the
1 32 motor vehicle not designed or intended to be occupied
1 33 by the driver and not readily accessible to the driver
1 34 while the motor vehicle is in motion. A person
1 35 convicted of a violation of this paragraph is guilty
1 36 of a misdemeanor and subject only to the imposition of
1 37 a scheduled fine under section 805.8, subsection 2,
1 38 paragraph "z". An abstract of the conviction shall be
1 39 forwarded to the department for inclusion on the
1 40 person's driving record. A conviction under this
1 41 section shall be counted as a moving violation on the
1 42 person's driving record.
1 43 Sec. . Section 805.8, subsection 2, Code
1 44 Supplement 1995, is amended by adding the following
1 45 new paragraph:
1 46 NEW PARAGRAPH. z. For violation of open container
1 47 provisions under section 321.281, the scheduled fine
1 48 is twenty dollars."
1 49 #3. Title page, lines 1 and 2, by striking the
1 50 words "by persons aged eighteen, nineteen, and
2 1 twenty".
2 2 #4. By renumbering as necessary.
2 3
2 4
2 5
2 6 DISNEY of Polk
2 7 SF 2256.702 76
2 8 jls/sc
Text: H05910 Text: H05912 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
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