This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1520: Wednesday, April 10, 1996

 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 123.28, unnumbered paragraph
 6   2, Code 1995, is amended by striking the unnumbered
 7   paragraph."
 8     2.  Page 2, by inserting after line 2 the
 9   following:
10     "Sec. ___.  NEW SECTION.  321.281  OPEN CONTAINER
11   OR RECEPTACLE IN MOTOR VEHICLE - ALCOHOLIC BEVERAGE.
12     A person driving a motor vehicle shall not
13   knowingly possess in a motor vehicle upon a public
14   street or highway an open or unsealed bottle, can,
15   jar, or other receptacle containing an alcoholic
16   beverage with the intent to consume the alcoholic
17   beverage while the motor vehicle is upon a public
18   street or highway.  Evidence that an open or unsealed
19   receptacle containing an alcoholic beverage was found
20   during an authorized search in the glove compartment,
21   utility compartment, console, front passenger seat, or
22   any unlocked portable device and within the immediate
23   reach of the driver while the motor vehicle is upon a
24   public street or highway is evidence from which the
25   court or jury may infer that the driver intended to
26   consume the alcoholic beverage while upon the public
27   street or highway if the inference is supported by
28   corroborative evidence.  However, an open or unsealed
29   receptacle containing an alcoholic beverage may be
30   transported at any time in the trunk of the motor
31   vehicle or in some other area of the interior of the
32   motor vehicle not designed or intended to be occupied
33   by the driver and not readily accessible to the driver
34   while the motor vehicle is in motion.  A person
35   convicted of a violation of this paragraph is guilty
36   of a misdemeanor and subject only to the imposition of
37   a scheduled fine under section 805.8, subsection 2,
38   paragraph "z".  An abstract of the conviction shall be
39   forwarded to the department for inclusion on the
40   person's driving record.  A conviction under this
41   section shall be counted as a moving violation on the
42   person's driving record.
43     Sec. ___.  Section 805.8, subsection 2, Code
44   Supplement 1995, is amended by adding the following
45   new paragraph:
46     NEW PARAGRAPH.  z.  For violation of open container
47   provisions under section 321.281, the scheduled fine
48   is twenty dollars."
49     3.  Title page, lines 1 and 2, by striking the
50   words "by persons aged eighteen, nineteen, and

Page 2  

 1   twenty".
 2     4.  By renumbering as necessary.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Thu Apr 11 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01500/01520.html
jhf