Text: HF00384 Text: HF00386 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 123.47B, Code 1997, is amended to read
1 2 as follows:
1 3 123.47B PARENTAL AND SCHOOL NOTIFICATION – PERSONS UNDER
1 4 EIGHTEEN YEARS OF AGE.
1 5 A peace officer shall make a reasonable effort to identify
1 6 a person under the age of eighteen discovered to be in
1 7 possession of alcoholic liquor, wine, or beer in violation of
1 8 section 123.47 and if the person is not referred to juvenile
1 9 court, the law enforcement agency of which the peace officer
1 10 is an employee shall make a reasonable attempt to notify the
1 11 person's custodial parent or legal guardian of such
1 12 possession, whether or not the person is arrested or a
1 13 citation is issued pursuant to section 805.16, unless the
1 14 officer has reasonable grounds to believe that such
1 15 notification is not in the best interests of the person or
1 16 will endanger that person. If the person is taken into
1 17 custody or is cited for possession of alcoholic liquor, wine,
1 18 or beer in violation of section 123.47, the peace officer
1 19 shall notify a juvenile court officer who shall make a
1 20 reasonable effort to identify the elementary or secondary
1 21 school the person attends, if any, and to notify the
1 22 superintendent of the school district or the superintendent's
1 23 designee, or the authorities in charge of the nonpublic school
1 24 of the taking into custody or the citation of the juvenile for
1 25 possession of alcoholic liquor, wine, or beer in violation of
1 26 section 123.47. A reasonable attempt to notify the person
1 27 includes but is not limited to a telephone call or notice by
1 28 first-class mail.
1 29 Sec. 2. Section 124.415, Code 1997, is amended to read as
1 30 follows:
1 31 124.415 PARENTAL AND SCHOOL NOTIFICATION – PERSONS UNDER
1 32 EIGHTEEN YEARS OF AGE.
1 33 A peace officer shall make a reasonable effort to identify
1 34 a person under the age of eighteen discovered to be in
1 35 possession of a controlled substance, counterfeit substance,
2 1 or simulated controlled substance in violation of this chapter
2 2 or chapter 124A, and if the person is not referred to juvenile
2 3 court, the law enforcement agency of which the peace officer
2 4 is an employee shall make a reasonable attempt to notify the
2 5 person's custodial parent or legal guardian of such
2 6 possession, whether or not the person is arrested, unless the
2 7 officer has reasonable grounds to believe that such
2 8 notification is not in the best interests of the person or
2 9 will endanger that person. If the person is taken into
2 10 custody or is issued a citation for possession of a controlled
2 11 substance, counterfeit substance, or simulated controlled
2 12 substance in violation of chapter 124 or 124A, the peace
2 13 officer shall notify a juvenile court officer who shall make a
2 14 reasonable effort to identify the elementary or secondary
2 15 school the person attends, if any, and to notify the
2 16 superintendent of the school district, the superintendent's
2 17 designee, or the authorities in charge of the nonpublic school
2 18 of the taking into custody or the issuance of the citation to
2 19 the juvenile for possession of a controlled substance,
2 20 counterfeit substance, or simulated controlled substance. A
2 21 reasonable attempt to notify the person includes but is not
2 22 limited to a telephone call or notice by first-class mail.
2 23 EXPLANATION
2 24 This bill provides for the notification of school officials
2 25 by a peace officer if a juvenile under the age of 18 is issued
2 26 a citation for possession of alcoholic liquor, wine, or beer
2 27 in violation of Code section 123.47. This bill also provides
2 28 for the notification of school officials by a peace officer if
2 29 a juvenile is issued a citation for possession of a controlled
2 30 substance, counterfeit substance, or simulated controlled
2 31 substance.
2 32 LSB 2244HH 77
2 33 lh/cf/24
Text: HF00384 Text: HF00386 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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