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PAG LIN 1 1 Section 1. Section 123.46, subsection 1, paragraph a, Code 1 2 1995, is amended to read as follows: 1 3 a. "Arrest" means the same as defined in section 804.5and1 4includes taking into custody pursuant to section 232.19. 1 5 Sec. 2. Section 123.47B, Code 1995, is amended to read as 1 6 follows: 1 7 123.47B PARENTAL NOTIFICATION &endash; PERSONS UNDER EIGHTEEN 1 8 YEARS OF AGE. 1 9 A peace officer shall make a reasonable effort to identify 1 10 a person under the age of eighteen discovered to be in 1 11 possession of alcoholic liquor, wine, or beer in violation of 1 12 section 123.47 andif the person is not referred to juvenile1 13court,the law enforcement agency of which the peace officer 1 14 is an employee shall make a reasonable attempt to notify the 1 15 person's custodial parent or legal guardian of such 1 16 possession, whether or not the person is arrested or a 1 17 citation is issued pursuant to section 805.16, unless the 1 18 officer has reasonable grounds to believe that such 1 19 notification is not in the best interests of the person or 1 20 will endanger that person. A reasonable attempt to notify the 1 21 person includes but is not limited to a telephone call or 1 22 notice by first class mail. 1 23 Sec. 3. Section 232.8, subsection 1, paragraph b, Code 1 24 1995, is amended to read as follows: 1 25 b. Violations by a child of provisions of section 123.46 1 26 or 123.47 or chapter 321, 321G, 453A, 461A, 461B, 462A, 481A, 1 27 481B, 483A, 484A, or 484B, which would be simple misdemeanors 1 28 if committed by an adult, and violations by a child of county 1 29 or municipal curfew or traffic ordinances, are excluded from 1 30 the jurisdiction of the juvenile court and shall be prosecuted 1 31 as simple misdemeanors as provided by law. A child convicted 1 32 of a violation excluded from the jurisdiction of the juvenile 1 33 court under this paragraph shall be sentenced pursuant to 1 34 section 805.8, where applicable, and pursuant to section 1 35 903.1, subsection 3, for all other violations. 2 1 Sec. 4. Section 232.19, subsection 2, Code 1995, is 2 2 amended by adding the following new unnumbered paragraph: 2 3 NEW UNNUMBERED PARAGRAPH. A juvenile court officer or a 2 4 parole officer shall notify the superintendent of the school 2 5 district or the superintendent's designee, or the authorities 2 6 in charge of the nonpublic school which the child attends, of 2 7 the taking into custody of a child for a delinquent act which 2 8 would be an indictable offense if committed by an adult. 2 9 Sec. 5. Section 232.19, subsection 3, Code 1995, is 2 10 amended by striking the subsection. 2 11 Sec. 6. Section 232.22, subsection 2, paragraph c, 2 12 unnumbered paragraph 1, Code 1995, is amended to read as 2 13 follows: 2 14 A room in a facility intended or used for the detention of 2 15 adults if there is probable cause to believe that the child 2 16 has committed a delinquent act which if committed by an adult 2 17 would be a felony, or aggravated misdemeanor under section 2 18 708.2 or 709.11, or a serious or aggravated misdemeanor under 2 19 section 321J.2,or a violation of section 123.46,and if all 2 20 of the following apply: 2 21 Sec. 7. Section 232.22, subsection 2, paragraph c, 2 22 unnumbered paragraph 2, Code 1995, is amended to read as 2 23 follows: 2 24 However, if the child is to be detained for a violation of 2 25section 123.46 orsection 321J.2, placement in a facility 2 26 pursuant to this paragraph shall be made only after an attempt 2 27 has been made to notify the parents or legal guardians of the 2 28 child and request that the parents or legal guardians take 2 29 custody of the child. If the parents or legal guardians 2 30 cannot be contacted, or refuse to take custody of the child, 2 31 an attempt shall be made to place the child in another 2 32 facility, including but not limited to a local hospital or 2 33 shelter care facility. Also, a child detained for a violation 2 34 ofsection 123.46 orsection 321J.2 pursuant to this paragraph 2 35 shall only be detained in a facility with adequate staff to 3 1 provide continuous visual supervision of the child. 3 2 Sec. 8. Section 232.52, subsection 2, paragraph a, 3 3 subparagraph (4), Code 1995, is amended by striking the 3 4 subparagraph. 3 5 Sec. 9. Section 321.213A, Code 1995, is amended to read as 3 6 follows: 3 7 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 3 8 DELINQUENT FOR CERTAIN DRUGOR ALCOHOLOFFENSES. 3 9 Upon the entering of an order at the conclusion of a 3 10 dispositional hearing under section 232.50, where the child 3 11 has been adjudicated to have committed a delinquent act, which 3 12 would be a first or subsequent violation ofsection 123.46,3 13section 123.47 involving the purchase or attempt to purchase3 14alcoholic beverages, orchapter 124,or a second or subsequent3 15violation of section 123.47 regarding the possession of3 16alcoholic beverages,the clerk of the juvenile court in the 3 17 dispositional hearing shall forward a copy of the adjudication 3 18 and dispositional order to the department. The department 3 19 shall suspend the license or operating privilege of the child 3 20 for one year. The child may receive a temporary restricted 3 21 license as provided in section 321.215. 3 22 Sec. 10. Section 805.16, subsection 1, Code 1995, is 3 23 amended to read as follows: 3 24 1. Except as provided in subsection 2 of this section, a 3 25 peace officer shall issue a police citation or uniform 3 26 citation and complaint, in lieu of making a warrantless 3 27 arrest, to a person under eighteen years of age accused of 3 28 committing a simple misdemeanor under chapter 321, 321G, 461A, 3 29 461B, 462A, 481A, 481B, 483A, 484A, 484B, section 123.46 or 3 30 123.47, or a local ordinance not subject to the jurisdiction 3 31 of the juvenile court, and shall not detain or confine the 3 32 person in a facility regulated under chapter 356 or 356A. 3 33 Sec. 11. CONDITIONAL EFFECTIVENESS. A state mandate which 3 34 may be contained in this Act shall not take effect unless an 3 35 appropriation is made under section 25B.2, subsection 3, fully 4 1 or proportionately funding the cost of the mandate. 4 2 EXPLANATION 4 3 This bill provides that the offenses of public intoxication 4 4 and possession or consumption of alcoholic beverages are 4 5 excluded from the jurisdiction of the juvenile court and makes 4 6 related conforming changes. Minors who commit those offenses 4 7 will be prosecuted as adults. 4 8 The bill also provides that school officials are to be 4 9 notified by a juvenile court officer or a peace officer when a 4 10 minor is taken into custody for an alleged delinquent act 4 11 which would be an indictable offense if committed by an adult. 4 12 Currently, school officials are notified by a juvenile court 4 13 officer of a minor's adjudication for an act which would be an 4 14 indictable offense if committed by an adult. 4 15 The bill may contain a state mandate under chapter 25B. A 4 16 political subdivision is not required to comply with a mandate 4 17 contained in this bill unless an appropriation is made under 4 18 section 25B.2, subsection 3, fully or proportionately funding 4 19 the cost of the mandate. 4 20 LSB 2543SC 76 4 21 mk/jw/5
Text: SSB00317 Text: SSB00319 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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