Text: H08013                            Text: H08015
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8014

Amendment Text

PAG LIN
  1  1    Amend House File 2162 as follows:
  1  2    #1.  Page 17, by inserting after line 1 the
  1  3 following:
  1  4    "Sec. ___.  Section 321.284, Code 1997, is amended
  1  5 to read as follows:
  1  6    321.284  OPEN CONTAINERS IN MOTOR VEHICLES.
  1  7    A person driving a motor vehicle shall not
  1  8 knowingly possess in a motor vehicle upon a public
  1  9 street or highway an open or unsealed bottle, can,
  1 10 jar, or other receptacle containing an alcoholic
  1 11 beverage, wine, or beer with the intent to consume the
  1 12 alcoholic beverage, wine, or beer while the motor
  1 13 vehicle is upon a public street or highway.  Evidence
  1 14 that an open or unsealed receptacle containing an
  1 15 alcoholic beverage, wine, or beer was found during an
  1 16 authorized search in the glove compartment, utility
  1 17 compartment, console, front passenger seat, or any
  1 18 unlocked portable device and within the immediate
  1 19 reach of the driver while the motor vehicle is upon a
  1 20 public street or highway is evidence from which the
  1 21 court or jury may infer that the driver intended to
  1 22 consume the alcoholic beverage, wine, or beer while
  1 23 upon the public street or highway if the inference is
  1 24 supported by corroborative evidence.  However, an open
  1 25 or unsealed receptacle containing an alcoholic
  1 26 beverage, wine, or beer may be transported at any time
  1 27 in the trunk of the motor vehicle or in some other
  1 28 area of the interior of the motor vehicle not designed
  1 29 or intended to be occupied by the driver and not
  1 30 readily accessible to the driver while the motor
  1 31 vehicle is in motion.  A person convicted of a
  1 32 violation of this section is guilty of a simple
  1 33 misdemeanor punishable as a scheduled violation under
  1 34 section 805.8, subsection 10, paragraph "c"."
  1 35    #2.  By renumbering and changing internal
  1 36 references as necessary.  
  1 37 
  1 38 
  1 39                               
  1 40 COMMITTEE ON JUDICIARY
  1 41 LAMBERTI of Polk, Chairperson
  1 42 HF 2162.201 77
  1 43 lh/jl/28
     

Text: H08013                            Text: H08015
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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