Text: HF00175 Text: HF00177 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 123.28, unnumbered paragraph 2, Code
1 2 1995, is amended by striking the unnumbered paragraph.
1 3 Sec. 2. NEW SECTION. 321.281 OPEN CONTAINER OR
1 4 RECEPTACLE IN MOTOR VEHICLE &endash; ALCOHOLIC BEVERAGE.
1 5 A person driving a motor vehicle shall not knowingly
1 6 possess in a motor vehicle upon a public street or highway an
1 7 open or unsealed bottle, can, jar, or other receptacle
1 8 containing an alcoholic beverage with the intent to consume
1 9 the alcoholic beverage while the motor vehicle is upon a
1 10 public street or highway. Evidence that an open or unsealed
1 11 receptacle containing an alcoholic beverage was found during
1 12 an authorized search in the glove compartment, utility
1 13 compartment, console, front passenger seat, or any unlocked
1 14 portable device and within the immediate reach of the driver
1 15 while the motor vehicle is upon a public street or highway is
1 16 evidence from which the court or jury may infer that the
1 17 driver intended to consume the alcoholic beverage while upon
1 18 the public street or highway if the inference is supported by
1 19 corroborative evidence. However, an open or unsealed
1 20 receptacle containing an alcoholic beverage may be transported
1 21 at any time in the trunk of the motor vehicle or in some other
1 22 area of the interior of the motor vehicle not designed or
1 23 intended to be occupied by the driver and not readily
1 24 accessible to the driver while the motor vehicle is in motion.
1 25 A person convicted of a violation of this paragraph is guilty
1 26 of a misdemeanor and subject only to the imposition of a
1 27 scheduled fine under section 805.8, subsection 2, paragraph
1 28 "z". An abstract of the conviction shall be forwarded to the
1 29 department for inclusion on the person's driving record. A
1 30 conviction under this section shall be counted as a moving
1 31 violation on the person's driving record.
1 32 Sec. 3. Section 805.8, subsection 2, Code 1995, is amended
1 33 by adding the following new paragraph:
1 34 NEW PARAGRAPH. z. For violation of open container
1 35 provisions under section 321.281, the scheduled fine is twenty
2 1 dollars.
2 2 EXPLANATION
2 3 This bill moves that portion of current section 123.28
2 4 which prohibits a person driving a motor vehicle from having
2 5 within the person's reach an open container containing an
2 6 alcoholic beverage to chapter 321, which governs motor
2 7 vehicles and laws of the road. Section 321.1 defines
2 8 "alcoholic beverage" to include alcohol, wine, spirits, beer,
2 9 or any other beverage which contains ethyl alcohol and is fit
2 10 for human consumption. The bill requires that an abstract of
2 11 the conviction be sent to the state department of
2 12 transportation for inclusion on the person's driving record
2 13 and that the conviction be counted as a moving violation. The
2 14 bill makes an open container violation under section 321.281 a
2 15 scheduled violation with a scheduled fine of $20.
2 16 LSB 2046HH 76
2 17 js/sc/14
Text: HF00175 Text: HF00177 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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