Text: HF02453 Text: HF02455 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Section 1. Section 123.47, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 123.47 PERSONS UNDER THE AGE OF EIGHTEEN – PENALTY. 1 4 A person shall not sell, give, or otherwise supply 1 5 alcoholic liquor, wine, or beer to any person knowing or 1 6 having reasonable cause to believe that person to be under the 1 7 age of eighteen, and a person or persons under the age of 1 8 eighteen shall not purchase or attempt to purchase, or 1 9 individually or jointly have alcoholic liquor, wine, or beer 1 10 in their possession or control; except in the case of liquor, 1 11 wine, or beer given or dispensed to a person under the age of 1 12 eighteen within a private home and with the knowledge, 1 13 presence, and consent of the parent or guardian, for beverage 1 14 or medicinal purposes or as administered to the person by 1 15 either a physician or dentist for medicinal purposes and 1 16 except to the extent that a person under the age of eighteen 1 17 may handle alcoholic beverages, wine, and beer during the 1 18 regular course of the person's employment by a liquor control 1 19 licensee, or wine or beer permittee under this chapter. A 1 20 person, other than a licensee or permittee, who violates this 1 21 section regarding the purchase of or attempt to purchase 1 22 alcoholic liquor, wine, or beer shall pay atwenty-five1 23 seventy-five dollar penalty. 1 24 Sec. 2. Section 123.47A, subsection 1, Code 1995, is 1 25 amended to read as follows: 1 26 1. A person shall not sell, give, or otherwise supply 1 27 alcoholic liquor, wine, or beer to any person knowing or 1 28 having reasonable cause to believe that the person is age 1 29 eighteen, nineteen, or twenty. A person age eighteen, 1 30 nineteen, or twenty shall not purchase or possess alcoholic 1 31 liquor, wine, or beer. However, a person age eighteen, 1 32 nineteen, or twenty may possess alcoholic liquor, wine, or 1 33 beer given to the person within a private home with the 1 34 knowledge, presence, and consent of the person's parent or 1 35 guardian,or with the signed, written consent of the parent or2 1guardian specifying the date and place for the consumption and2 2displayed by the person upon demand,and a person age 2 3 eighteen, nineteen, or twenty may handle alcoholic liquor, 2 4 wine, and beer during the course of the person's employment by 2 5 a liquor control licensee, or wine or beer permittee. A 2 6 person, other than a licensee or permittee, who commits a 2 7 first offense under this section commits a scheduled violation 2 8 of section 805.8, subsection 10. A person, other than a 2 9 licensee or permittee, who commits a second or subsequent 2 10 violation of this section, commits a simple misdemeanor. A 2 11 licensee or permittee who violates this section with respect 2 12 to a person who is age nineteen or twenty is guilty of a 2 13 simple misdemeanor punishable by a fine of not more thanfifty2 14 one hundred dollars. The penalty provided under this section 2 15 against a licensee or permittee who violates this section with 2 16 respect to a person who is age nineteen or twenty is the only 2 17 penalty which shall be imposed against a licensee or permittee 2 18 who violates this section. A licensee or permittee who 2 19 violates this section with respect to a person who is age 2 20 eighteen commits a simple misdemeanor, and is subject to the 2 21 criminal and civil penalties provided pursuant to sections 2 22 123.49 and 123.50 with respect to selling, giving, or 2 23 otherwise supplying alcoholic beverages, liquor, wine, or beer 2 24 to persons under legal age. 2 25 Sec. 3. Section 279.9, Code 1995, is amended to read as 2 26 follows: 2 27 279.9 USE OF TOBACCO, ALCOHOLIC BEVERAGES, OR CONTROLLED 2 28 SUBSTANCES. 2 29 1. The rules shall prohibit the use of tobacco and the use 2 30 or possession of alcoholic liquor, wine, or beer or any 2 31 controlled substance as defined in section 124.101, subsection 2 32 5, by any student of the schools and the board may suspend or 2 33 expel a student for a violation of a rule under this section. 2 34 2. The school shall report to law enforcement officials 2 35 all violations, in or on school premises, of school rules 3 1 adopted pursuant to subsection 1, or of any state law 3 2 pertaining to the use or possession of tobacco, alcoholic 3 3 liquor, wine, or beer, or of any controlled substance. 3 4 Sec. 4. Section 321J.2, subsection 8, Code 1995, is 3 5 amended to read as follows: 3 6 8. The court shall order a defendant convicted of or 3 7 receiving a deferred judgment for a violation of this section 3 8 to make restitution, in an amount not to exceed two thousand3 9dollars,pursuant to chapter 910 for damages resulting 3 10 directly from the violation. An amount paid pursuant to this 3 11 restitution order shall be credited toward any adverse 3 12 judgment in a subsequent civil proceeding arising from the 3 13 same occurrence. However, other than establishing a credit, a 3 14 restitution proceeding pursuant to this section shall not be 3 15 given evidentiary or preclusive effect in a subsequent civil 3 16 proceeding arising from the same occurrence. 3 17 Sec. 5. Section 805.8, subsection 10, paragraph a, Code 3 18 Supplement 1995, is amended to read as follows: 3 19 a. For violations of section 123.47A, which constitute 3 20 first offenses as provided in that section, the scheduled fine 3 21 isfifteenseventy-five dollars. 3 22 EXPLANATION 3 23 Sections 1 and 2 of this bill amend provisions pertaining 3 24 to penalties for providing alcohol to underage drinkers. 3 25 Section 1 increases the penalty for persons other than a 3 26 liquor licensee or permittee who provide alcohol to persons 3 27 under the age of 18 from $25 to $75. Section 2 changes the 3 28 penalty for licensees or permittees who provide alcohol to 3 29 persons aged 19 or 20 from $50 to $100. Section 5 of the bill 3 30 changes the scheduled fine for the first offense of provision 3 31 of alcohol by a person other than a licensee or permittee to 3 32 persons aged 18, 19, or 20 from $15 to $75. 3 33 Section 2 also deletes the portion of Code section 123.47A 3 34 that permits a person aged 18, 19, or 20 to possess and 3 35 consume alcohol in a private home as long as the person has 4 1 written consent signed by the person's own parent. 4 2 Section 3 requires schools to report to law enforcement 4 3 authorities all violations of school policy or state law that 4 4 occur on school property regarding alcohol, tobacco, or 4 5 controlled substances. 4 6 Section 4 removes the $2,000 restitution limit in the 4 7 operating while intoxicated (OWI) chapter, and makes all OWI 4 8 restitution actions subject to chapter 910, the restitution 4 9 chapter. 4 10 LSB 3988HV 76 4 11 jls/sc/14
Text: HF02453 Text: HF02455 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 2 13:32:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02400/HF02454/960305.html
jhf