Text: SSB00128 Text: SSB00130 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, Code 1995, is amended to read 1 2 as follows: 1 3 123.47 PERSONS UNDER THE AGE OF EIGHTEEN &endash; 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,or with the1 14signed, written consent of the parent or guardian specifying1 15the date and place for the consumption and displayed by the1 16person upon demand,for beverage or medicinal purposes or as 1 17 administered to the person by either a physician or dentist 1 18 for medicinal purposes and except to the extent that a person 1 19 under the age of eighteen may handle alcoholic beverages, 1 20 wine, and beer during the regular course of the person's 1 21 employment by a liquor control licensee, or wine or beer 1 22 permittee under this chapter. A person, other than a licensee 1 23 or permittee, who violates this section regarding the purchase 1 24 of or attempt to purchase alcoholic liquor, wine, or beer 1 25 shall pay a twenty-five dollar penalty. 1 26 Sec. 2. Section 124.415, Code 1995, is amended to read as 1 27 follows: 1 28 124.415 PARENTALAND SCHOOLNOTIFICATION &endash; PERSONS UNDER 1 29 EIGHTEEN YEARS OF AGE. 1 30 A peace officer shall make a reasonable effort to identify 1 31 a person under the age of eighteen discovered to be in 1 32 possession of a controlled substance, counterfeit substance, 1 33 or simulated controlled substance in violation of this 1 34 chapter, and if the person is not referred to juvenile court 1 35 the law enforcement agency of which the peace officer is an 2 1 employee shall make a reasonable attempt to notify the 2 2 person's custodial parent or legal guardian of such 2 3 possession, whether or not the person is arrested, unless the 2 4 officer has reasonable grounds to believe that such 2 5 notification is not in the best interests of the person or 2 6 will endanger that person.If the person is taken into2 7custody, the peace officer shall make a reasonable effort to2 8identify the elementary or secondary school the person2 9attends, if any, and to notify the superintendent of the2 10school district, the superintendent's designee, or the2 11authorities in charge of the nonpublic school of the taking2 12into custody. A juvenile court officer may also notify the2 13superintendent of the school district, the superintendent's2 14designee, or the authorities in charge of the nonpublic school2 15of the taking into custody.A reasonable attempt to notify 2 16 the person includes but is not limited to a telephone call or 2 17 notice by first class mail. 2 18 Sec. 3. Section 232.45A, subsections 2 and 3, Code 1995, 2 19 are amended to read as follows: 2 20 2. Once a child sixteen years of age or older has been 2 21 waived to and convicted of an aggravated misdemeanor or a 2 22 felony by the district court, all criminal proceedings against 2 23 the child for anyfelonyoffense occurring subsequent to the 2 24 date of the conviction of the child shall begin in district 2 25 court, notwithstanding sections 232.8 and 232.45. A copy of 2 26 the findings required by section 232.45, subsection 8, shall 2 27 be made a part of the record in the district court 2 28 proceedings. 2 29 3. If proceedings against a child for afelonypublic 2 30 offense who has previously been waived to and convicted of 2 31 such an offense by the district court are mistakenly begun in 2 32 the juvenile court, the matter shall be transferred to 2 33 district court upon the discovery of the prior waiver and 2 34 conviction, notwithstanding sections 232.8 and 232.45. 2 35 Sec. 4. Section 232.52, subsection 2, paragraph a, Code 3 1 1995, is amended by adding the following new paragraph: 3 2 NEW SUBPARAGRAPH. (5) Prohibiting the child from driving 3 3 a motor vehicle for a specified period of time or under 3 4 specific circumstances. The court shall provide a copy of the 3 5 order under this subparagraph to the state department of 3 6 transportation. 3 7 Sec. 5. Section 232.149, subsection 3, Code 1995, is 3 8 amended by striking the subsection. 3 9 Sec. 6. Section 356.3, unnumbered paragraph 1, Code 1995, 3 10 is amended to read as follows: 3 11 Any sheriff, city marshal, or chief of police, having in 3 12 the officer's care or custody any prisoner under the age of 3 13 eighteen years, shall keep such prisoner separate and apart, 3 14 and prevent communication by such prisoner with prisoners 3 15 above that age, while such prisoners are not under the3 16personal supervision of such officer, if suitable buildings or3 17jails are provided for that purpose, unless such prisoner is3 18likely to or does exercise an immoral influence over other3 19minors with whom the prisoner may be imprisoned. 3 20 Sec. 7. CONDITIONAL EFFECTIVE DATE. This Act shall not 3 21 take effect unless an appropriation is made which complies 3 22 with section 25B.2, subsection 3. 3 23 EXPLANATION 3 24 Section 123.47 is amended to remove language inserted 3 25 during the 1994 session which allows a person under 18 years 3 26 of age to consume alcoholic beverages in a private home where 3 27 the person's parent or guardian is not present but with the 3 28 written consent of the person's parent or guardian. 3 29 Section 124.415 is amended to remove language inserted 3 30 during the 1994 session regarding notification by law 3 31 enforcement officers to the elementary or secondary school 3 32 which a juvenile who has been taken into custody for a 3 33 controlled substance law violation attends. 3 34 Section 232.45A is amended to provide that a juvenile 3 35 waived to the district court and convicted as an adult for an 4 1 aggravated misdemeanor shall be deemed waived to the district 4 2 court for all future criminal proceedings. 4 3 Section 232.52 is amended to provide that in a 4 4 dispositional order following the adjudication of a juvenile 4 5 as a delinquent, the court may include a provision prohibiting 4 6 the juvenile from driving a motor vehicle for a specified 4 7 period or under specified circumstances. 4 8 Section 356.3 is amended to provide that juveniles held in 4 9 adult jails shall be held separate from adult prisoners and 4 10 prevented from communicating with adult prisoners. 4 11 This bill may contain a state mandate under chapter 25B. 4 12 The bill shall not take effect unless an appropriation is 4 13 made, fully or proportionately, funding the cost of the bill 4 14 in accordance with section 25B.2, subsection 3. 4 15 LSB 1696SC 76 4 16 mk/sc/14
Text: SSB00128 Text: SSB00130 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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