Text: HF00236 Text: HF00238 Text: HF00200 - HF00299 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 LIQUOR, WINE, OR
1 5 BEER.
1 6 A person driving a motor vehicle shall not knowingly
1 7 possess in a motor vehicle upon a public street or highway an
1 8 open or unsealed bottle, can, jar, or other receptacle
1 9 containing an alcoholic beverage with the intent to consume
1 10 the alcoholic beverage while the motor vehicle is upon a
1 11 public street or highway. Evidence that an open or unsealed
1 12 receptacle containing an alcoholic beverage was found during
1 13 an authorized search in the glove compartment, utility
1 14 compartment, console, front passenger seat, or any unlocked
1 15 portable device and within the immediate reach of the driver
1 16 while the motor vehicle is upon a public street or highway is
1 17 evidence from which the court or jury may infer that the
1 18 driver intended to consume the alcoholic beverage while upon
1 19 the public street or highway if the inference is supported by
1 20 corroborative evidence. However, an open or unsealed
1 21 receptacle containing an alcoholic beverage may be transported
1 22 at any time in the trunk of the motor vehicle or in some other
1 23 area of the interior of the motor vehicle not designed or
1 24 intended to be occupied by the driver and not readily
1 25 accessible to the driver while the motor vehicle is in motion.
1 26 A person convicted of a violation of this paragraph is guilty
1 27 of a simple misdemeanor. An abstract of the conviction shall
1 28 be forwarded to the department for inclusion on the person's
1 29 driving record. A conviction under this section shall be
1 30 counted as a moving violation on the person's driving record.
1 31 EXPLANATION
1 32 This bill moves that portion of current section 123.28
1 33 which prohibits a person driving a motor vehicle from having
1 34 within the person's reach an open container containing an
1 35 alcoholic beverage to chapter 321, which governs motor
2 1 vehicles and laws of the road. Section 321.1 defines
2 2 "alcoholic beverage" to include alcohol, wine, spirits, beer,
2 3 or any other beverage which contains ethyl alcohol and is fit
2 4 for human consumption. The bill requires that an abstract of
2 5 the conviction be sent to the state department of
2 6 transportation for inclusion on the person's driving record
2 7 and that the conviction be counted as a moving violation.
2 8 LSB 1862HH 76
2 9 js/sc/14
Text: HF00236 Text: HF00238 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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