Text: SSB02019 Text: SSB02021 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.46, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. A person shall not use or consume alcoholic liquor, 1 4 wine, or beer upon the public streets or highways. A person 1 5 shall not use or consume alcoholic liquor in any public place 1 6 except premises covered by a liquor control license. A person 1 7 shall not possess or consume alcoholic liquors, wine, or beer 1 8 on public school property or while attending a public or 1 9 private school-related function. A person shall not be in- 1 10 toxicated or simulate intoxication in a public place or in the 1 11 interior of a motor vehicle located on a public street or 1 12 highway or on public property. A person violating this 1 13 subsection is guilty of a simple misdemeanor. 1 14 Sec. 2. Section 125.34, subsection 1, Code 1995, is 1 15 amended to read as follows: 1 16 1. An intoxicated person may come voluntarily to a 1 17 facility for emergency treatment. A person who appears to be 1 18 intoxicated or incapacitated by a chemical substance in a 1 19 public place or in the interior of a motor vehicle located on 1 20 a public highway or public property and in need of help may be 1 21 taken to a facility by a peace officer under section 125.91. 1 22 If the person refuses the proffered help, the person may be 1 23 arrested and charged with intoxication under section 123.46, 1 24 if applicable. 1 25 Sec. 3. Section 321.218, subsection 2, Code Supplement 1 26 1995, is amended by striking the subsection. 1 27 Sec. 4. Section 321.218, subsection 5, Code Supplement 1 28 1995, is amended to read as follows: 1 29 5. A person who operates a commercial motor vehicle upon 1 30 the highways of this state when disqualified from operating 1 31 the commercial motor vehicle under section 321.208 commits a 1 32simpleserious misdemeanor if a commercial driver's license is 1 33 required for the person to operate the commercial motor 1 34 vehicle. 1 35 EXPLANATION 2 1 This bill prohibits intoxication or simulation of 2 2 intoxication in the interior of a motor vehicle located on a 2 3 public highway or public property. The charge for being 2 4 intoxicated or simulating intoxication in the interior of a 2 5 motor vehicle is a simple misdemeanor. A simple misdemeanor 2 6 is punishable by up to 30 days' imprisonment or a fine of at 2 7 least $50, but not to exceed $100. 2 8 The bill makes changes to conform to a bill passed during 2 9 the 1995 legislative session, Senate File 446, which increased 2 10 the charge from a simple to a serious misdemeanor for 2 11 operation of a motor vehicle when the person's operator's 2 12 license has been denied, canceled, suspended, or revoked. 2 13 This bill increases the charge from a simple to a serious 2 14 misdemeanor for operation of a commercial motor vehicle if the 2 15 operator has been disqualified from operating the commercial 2 16 motor vehicle. 2 17 BACKGROUND STATEMENT 2 18 SUBMITTED BY THE AGENCY 2 19 A 1991 Supreme Court decision, State v. Lake, 476 N.W.2d 55 2 20 (Iowa 1991), stated that a person could not be charged with 2 21 public intoxication while in the interior of a motor vehicle. 2 22 Therefore, a peace officer arresting an intoxicated driver is 2 23 prohibited from also arresting an intoxicated passenger on a 2 24 public intoxication charge. Since the vehicle cannot be 2 25 driven by an intoxicated person and the vehicle may need to be 2 26 towed from the public roadway this forces a peace officer to 2 27 release an uncooperative or unruly intoxicated passenger who 2 28 may create a danger to himself or herself and to the public. 2 29 This bill makes conforming amendments to a bill passed 2 30 during the 1995 legislative session which increased the 2 31 penalty for operating with a denied, suspended, revoked, or 2 32 canceled driver's license from a simple to a serious 2 33 misdemeanor. This bill increases the penalty from a simple to 2 34 a serious misdemeanor for persons who operate a commercial 2 35 motor vehicle while disqualified. Increasing the penalty from 3 1 a simple to a serious misdemeanor allows a warrant to be 3 2 issued for failure to appear and provides a penalty more in 3 3 keeping with the seriousness of the offense. 3 4 LSB 3110DP 76 3 5 js/cf/24
Text: SSB02019 Text: SSB02021 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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