Text: HSB00645 Text: HSB00647 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47A, Code 1995, is amended to read 1 2 as follows: 1 3 123.47A PERSONS AGE EIGHTEEN, NINETEEN, AND TWENTY – 1 4 PENALTY. 1 5 1. A person shall not sell, give, or otherwise supply 1 6 alcoholic liquor, wine, or beer to any person knowing or 1 7 having reasonable cause to believe that the person is age 1 8 eighteen, nineteen, or twenty. 1 9 2. A person age eighteen, nineteen, or twenty shall not 1 10 purchase or possess alcoholic liquor, wine, or beer.However1 11 3. Notwithstanding the provisions of subsections 1 and 2, 1 12 a person age eighteen, nineteen, or twenty may possess 1 13 alcoholic liquor, wine, or beergiven to the person withinin 1 14 any of the following situations: 1 15 a. In a private home, if the alcoholic liquor, wine, or 1 16 beer is given to the person with the knowledge, presence, and 1 17 consent of the person's parent or guardian, or. 1 18 b. In a private home, if the alcoholic liquor, wine, or 1 19 beer is given to the person with the signed, written consent 1 20 of the person's parent or guardian specifying the date and 1 21 place for the consumption and the written consent is displayed 1 22 by the person upon demand, and a person age eighteen,1 23nineteen, or twenty may handle alcoholic liquor, wine, and1 24beer during. 1 25 c. In the course of the person's employment by a liquor 1 26 control licensee, or a wine or beer permittee. 1 27 4. A person, other than a licensee or permittee,who 1 28 commitsa firstan offense under this section commits a 1 29scheduled violation of section 805.8, subsection 10. A1 30person, other than a licensee or permittee, who commits a1 31second or subsequent violation of this section, commits a1 32 simple misdemeanor.A licensee or permittee who violates this1 33section with respect to a person who is age nineteen or twenty1 34is guilty of a simple misdemeanor punishable by a fine of not1 35more than fifty dollars. The penalty provided under this2 1section against a licensee or permittee who violates this2 2section with respect to a person who is age nineteen or twenty2 3is the only penalty which shall be imposed against a licensee2 4or permittee who violates this section. A licensee or2 5permittee who violates this section with respect to a person2 6who is age eighteen commits a simple misdemeanor, and is2 7subject to the criminal and civil penalties provided pursuant2 8to sections 123.49 and 123.50 with respect to selling, giving,2 9or otherwise supplying alcoholic beverages, liquor, wine, or2 10beer to persons under legal age.2 112. For the purpose of determining if a violation charged2 12is a second or subsequent offense, a conviction or plea of2 13guilty to a violation of this section shall be counted as a2 14previous offense.2 15 Sec. 2. Section 123.50, subsection 1, Code 1995, is 2 16 amended to read as follows: 2 17 1. Any person who violates any of the provisions of 2 18 section 123.49, except subsection 2, paragraph "h",shall be 2 19 guilty of a simple misdemeanor.A person who violates section2 20123.49, subsection 2, paragraph "h", commits a simple2 21misdemeanor punishable as a scheduled violation under section2 22805.8, subsection 10, paragraph "b".2 23 Sec. 3. Section 321.284, Code Supplement 1995, is amended 2 24 to read as follows: 2 25 321.284 OPEN CONTAINERS IN MOTOR VEHICLES. 2 26 A person driving a motor vehicle shall not knowingly 2 27 possess in a motor vehicle upon a public street or highway an 2 28 open or unsealed bottle, can, jar, or other receptacle 2 29 containing an alcoholic beverage, wine, or beer with the 2 30 intent to consume the alcoholic beverage, wine, or beer while 2 31 the motor vehicle is upon a public street or highway. 2 32 Evidence that an open or unsealed receptacle containing an 2 33 alcoholic beverage, wine, or beer was found during an 2 34 authorized search in the glove compartment, utility 2 35 compartment, console, front passenger seat, or any unlocked 3 1 portable device and within the immediate reach of the driver 3 2 while the motor vehicle is upon a public street or highway is 3 3 evidence from which the court or jury may infer that the 3 4 driver intended to consume the alcoholic beverage, wine, or 3 5 beer while upon the public street or highway if the inference 3 6 is supported by corroborative evidence. However, an open or 3 7 unsealed receptacle containing an alcoholic beverage, wine, or 3 8 beer may be transported at any time in the trunk of the motor 3 9 vehicle or in some other area of the interior of the motor 3 10 vehicle not designed or intended to be occupied by the driver 3 11 and not readily accessible to the driver while the motor 3 12 vehicle is in motion. A person convicted of a violation of 3 13 this section is guilty of a simple misdemeanor punishable as a 3 14 scheduled violation under section 805.8, subsection 10,3 15paragraph "c". 3 16 Sec. 4. Section 602.6405, subsection 1, Code 1995, is 3 17 amended to read as follows: 3 18 1. Magistrates have jurisdiction of simple misdemeanors, 3 19 including traffic and ordinance violations, and preliminary 3 20 hearings, search warrant proceedings, county and municipal 3 21 infractions, and small claims. Magistrates have jurisdiction 3 22 to determine the disposition of livestock or another animal, 3 23 as provided in sections 717.5 and 717B.4, if the magistrate 3 24 determines the value of the livestock or animal is less than 3 25 ten thousand dollars. Magistrates have jurisdiction to 3 26 exercise the powers specified in sections 556F.2 and 556F.12, 3 27 and to hear complaints or preliminary informations, issue 3 28 warrants, order arrests, make commitments, and take bail. 3 29Magistrates have jurisdiction over violations of section3 30123.49, subsection 2, paragraph "h".Magistrates who are 3 31 admitted to the practice of law in this state have 3 32 jurisdiction over all proceedings for the involuntary 3 33 commitment, treatment, or hospitalization of individuals under 3 34 chapters 125 and 229, except as otherwise provided under 3 35 section 229.6A; nonlawyer magistrates have jurisdiction over 4 1 emergency detention and hospitalization proceedings under 4 2 sections 125.91 and 229.22. Magistrates have jurisdiction to 4 3 conduct hearings authorized under section 809.4 and section 4 4 809.10, subsection 2. 4 5 Sec. 5. Section 805.8, subsection 10, Code Supplement 4 6 1995, is amended to read as follows: 4 7 10. ALCOHOLIC BEVERAGE VIOLATIONS. 4 8a. For violations of section 123.47A, which constitute4 9first offenses as provided in that section, the scheduled fine4 10is fifteen dollars.4 11b. For violations of section 123.49, subsection 2,4 12paragraph "h", the scheduled fine is one hundred dollars.4 13c.For violations of section 321.284, the scheduled fine 4 14 is fifty dollars. 4 15 EXPLANATION 4 16 This bill makes any violation of section 123.47A or 123.49 4 17 regarding underage drinking by an 18, 19, or 20-year-old a 4 18 simple misdemeanor. The scheduled fines in section 805.10, 4 19 for violations of Code provisions related to underage 4 20 drinking, are deleted. Changes are also made to sections 4 21 123.50 and 602.6405 to reflect these changes. The final 4 22 subsection of section 123.47A is also deleted, because the 4 23 revised penalty structure no longer penalizes a second offense 4 24 under the subsection differently than a first offense. 4 25 LSB 3781HC 76 4 26 jls/jw/5
Text: HSB00645 Text: HSB00647 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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