Text: SF00269 Text: SF00271 Text: SF00200 - SF00299 Text: SF 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 to read as follows:
1 3 A person driving a motor vehicle shall not knowingly
1 4 possess in a motor vehicle upon a public street or highway an
1 5 open or unsealed bottle, can, jar, or other receptacle
1 6 containing an alcoholic beverage, wine, or beer with the
1 7 intent to consume the alcoholic beverage, wine, or beer while
1 8 the motor vehicle is upon a public street or highway.
1 9 Evidence that an open or unsealed receptacle containing an
1 10 alcoholic beverage, wine, or beer was found during an
1 11 authorized search in the glove compartment, utility
1 12 compartment, console, front passenger seat, or any unlocked
1 13 portable device and within the immediate reach of the driver
1 14 while the motor vehicle is upon a public street or highway is
1 15 evidence from which the court or jury may infer that the
1 16 driver intended to consume the alcoholic beverage, wine, or
1 17 beer while upon the public street or highway if the inference
1 18 is supported by corroborative evidence. However, an open or
1 19 unsealed receptacle containing an alcoholic beverage, wine, or
1 20 beer may be transported at any time in the trunk of the motor
1 21 vehicle or in some other area of the interior of the motor
1 22 vehicle not designed or intended to be occupied by the driver
1 23 and not readily accessible to the driver while the motor
1 24 vehicle is in motion. A person convicted of a violation of
1 25 this paragraph is guilty of a simple misdemeanor, and is
1 26 subject to the provisions of section 321.284.
1 27 Sec. 2. Section 232.8, subsection 1, paragraph b, Code
1 28 1995, is amended to read as follows:
1 29 b. Violations by a child of provisions of section 123.28
1 30 and chapter 321, 321G, 453A, 461A, 461B, 462A, 481A, 481B,
1 31 483A, 484A, or 484B, which would be simple misdemeanors if
1 32 committed by an adult, and violations by a child of county or
1 33 municipal curfew or traffic ordinances, are excluded from the
1 34 jurisdiction of the juvenile court and shall be prosecuted as
1 35 simple misdemeanors as provided by law. A child convicted of
2 1 a violation excluded from the jurisdiction of the juvenile
2 2 court under this paragraph shall be sentenced pursuant to
2 3 section 805.8, where applicable, and pursuant to section
2 4 903.1, subsection 3, for all other violations.
2 5 Sec. 3. NEW SECTION. 321.284 ABSTRACT OF CONVICTIONS
2 6 PROVIDED.
2 7 An abstract of a conviction for a violation of section
2 8 123.28 shall be forwarded to the department for inclusion on
2 9 the person's driving record. A conviction under section
2 10 123.28 shall be counted as a moving violation against the
2 11 person's driving record.
2 12 EXPLANATION
2 13 This bill provides that an abstract of a person's
2 14 conviction for transporting an open container of an alcoholic
2 15 beverage in a motor vehicle shall be sent to the state
2 16 department of transportation for inclusion on the person's
2 17 driving record. The bill also removes this offense from the
2 18 jurisdiction of the juvenile court. The bill further provides
2 19 that the conviction will be counted as a moving violation on
2 20 the person's driving record.
2 21 LSB 2026SS 76
2 22 mk/cf/24
Text: SF00269 Text: SF00271 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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