Text: S03235                            Text: S03237
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3236

Amendment Text

PAG LIN
  1  1    Amend Senate File 515, as follows:
  1  2    #1.  Page 1, line 34, by inserting after the word
  1  3 "person's" the following:  "motor vehicle".
  1  4    #2.  Page 1, line 35, by inserting after the word
  1  5 "year." the following:  "The court may, in its
  1  6 discretion, order the person who is under legal age to
  1  7 perform community service work under section 909.3A,
  1  8 of an equivalent value to the fine imposed under this
  1  9 section.  A person who is under the age of eighteen
  1 10 who commits a violation of this section shall not be
  1 11 detained or placed in a secure facility instead of
  1 12 paying, or for failure to pay, the fine imposed under
  1 13 this section.  The chief judge of each judicial
  1 14 district shall designate a person who is responsible
  1 15 for ensuring that any fines imposed are collected."
  1 16    #3.  Page 3, by inserting after line 11, the
  1 17 following:
  1 18    "Sec. ___.  NEW SECTION.  123.47C  FURNISHING
  1 19 CEREAL BEVERAGE WITH ALCOHOL CONTENT TO PERSONS UNDER
  1 20 LEGAL AGE – PENALTY.
  1 21    A person shall not sell, give, or otherwise supply
  1 22 to a person who is under legal age any cereal beverage
  1 23 with any alcohol content under the name of "near
  1 24 beer", "brew", "bru", or any other name which conveys
  1 25 or implies to the purchaser or recipient that the
  1 26 beverage has an alcohol content.  A person who
  1 27 violates this section commits a serious misdemeanor."
  1 28    #4.  Page 4, by striking lines 2 through 25 and
  1 29 inserting the following:
  1 30    "Sec.    .  Section 123.92, Code 1997, is amended
  1 31 by adding the following new unnumbered paragraph:
  1 32    NEW UNNUMBERED PARAGRAPH.  Any person who is
  1 33 injured in person or property or means of support by
  1 34 an intoxicated person who is under legal age or
  1 35 resulting from the intoxication of a person who is
  1 36 under legal age, has a right of action for all damages
  1 37 actually sustained, severally or jointly, against any
  1 38 person who sold or served any beer, wine, or
  1 39 intoxicating liquor to the person under legal age when
  1 40 the person who sold or served the beer, wine, or
  1 41 intoxicating liquor knew or should have known the
  1 42 under-age person was intoxicated, or who sold to and
  1 43 served the under-age person to a point where the
  1 44 person knew or should have known the under-age person
  1 45 would become intoxicated.  If the injury was caused by
  1 46 an intoxicated person who is under the legal age, a
  1 47 person who sold or served beer, wine, or intoxicating
  1 48 liquor to the under-age person may establish as an
  1 49 affirmative defense that the intoxication did not
  1 50 contribute to the injurious action of the under-age
  2  1 person."
  2  2    #5.  Page 5, by inserting after line 23 the
  2  3 following:
  2  4    "Sec.    .  Section 216A.138, Code 1997, is amended
  2  5 by adding the following new subsection:
  2  6    NEW SUBSECTION.  5A.  The plan shall include
  2  7 development of a resource guide outlining successful
  2  8 programs and practices established within this state
  2  9 which are designed to promote positive youth
  2 10 development and that assist delinquent and other at-
  2 11 risk youth in overcoming personal and social problems.
  2 12 The guide shall be made publicly available."
  2 13    #6.  Page 8, line 2, by striking the words "The
  2 14 written" and inserting the following:  "In addition,
  2 15 the victim may orally present a victim impact
  2 16 statement.  The".
  2 17    #7.  Page 8, by striking lines 5 through 9 and
  2 18 inserting the following:  "informal adjustment
  2 19 associated with the complaint."
  2 20    #8.  Page 17, by inserting after line 29 the
  2 21 following:
  2 22    "Sec.    .  Section 232.150, subsection 1,
  2 23 unnumbered paragraph 1, Code 1997, is amended to read
  2 24 as follows:
  2 25    Upon application of a person who was taken into
  2 26 custody for a delinquent act or, who was the subject
  2 27 of a complaint alleging delinquency or, who was the
  2 28 subject of a delinquency petition, or who committed a
  2 29 violation of section 123.47, or upon the court's own
  2 30 motion, the court, after hearing, shall order the
  2 31 records in the case including those specified in
  2 32 sections 232.147 and 232.149 sealed if the court finds
  2 33 all of the following:"
  2 34    #9.  Page 20, by inserting after line 15 the
  2 35 following:
  2 36    "Sec.    .  Section 602.6110, Code 1997, is amended
  2 37 to read as follows:
  2 38    602.6110  PEER REVIEW COURT – PILOT PROJECTS.
  2 39    1.  A peer review court is may be established as a
  2 40 pilot program in each judicial district to divert
  2 41 certain youthful offenders from the criminal or
  2 42 juvenile justice systems.  The court shall consist of
  2 43 a qualified adult to act as judge with while the
  2 44 duties of prosecutor, defense counsel, court
  2 45 attendant, clerk, and jury composed of shall be
  2 46 performed by persons ten twelve through seventeen
  2 47 years of age.
  2 48    2.  The jurisdiction of the peer review court
  2 49 extends to those persons ten through seventeen years
  2 50 of age who have committed misdemeanor offenses, or
  3  1 delinquent acts which would be misdemeanor offenses if
  3  2 committed by an adult, and who have entered a plea of
  3  3 guilty who have admitted involvement in the
  3  4 misdemeanor or delinquent act, entered and who meet
  3  5 the criteria established for entering into an informal
  3  6 adjustment agreement, or agreed to the entry of a
  3  7 consent decree to for those offenses in district or
  3  8 juvenile court.  Those persons may then elect to
  3  9 appear before the peer review court to receive
  3 10 sentence for a determination of the terms and
  3 11 conditions of the informal adjustment or may elect to
  3 12 proceed with the informal or formal procedures
  3 13 established in chapter 232.
  3 14    3.  The peer review court shall not determine guilt
  3 15 or innocence and any statements or admissions made by
  3 16 the person before the peer review court are not
  3 17 admissible in any formal proceedings involving the
  3 18 same person.  The peer review court shall only
  3 19 determine the sentence for terms and conditions of the
  3 20 informal adjustment for the offense.  The sentence
  3 21 terms and conditions may consist of fines,
  3 22 restrictions for damages, attendance at treatment
  3 23 programs, or community service work or any combination
  3 24 of these penalties as appropriate to the offense or
  3 25 delinquent act committed.  A person appearing before
  3 26 the peer review court may also be required to serve as
  3 27 a juror on the court as a part of the person's
  3 28 sentence.
  3 29    3. 4.  Subject to the agreement of the chief judge
  3 30 of the judicial district, the supreme court shall
  3 31 designate two judicial districts in which to locate a
  3 32 peer review court pilot project.  The chief judge of
  3 33 the each judicial district which establishes a peer
  3 34 review court shall appoint a peer review court
  3 35 advisory board.  The advisory board shall adopt rules
  3 36 for the peer review court advisory program, shall
  3 37 appoint persons to serve on the peer review court, and
  3 38 shall supervise the expenditure of funds appropriated
  3 39 to the program."
  3 40    #10.  Title page 1, line 3, by striking the words
  3 41 "and tobacco".
  3 42    #11.  Title page 1, line 22, by inserting after the
  3 43 word "probation," the following:  "providing for
  3 44 establishment of statewide peer review courts for
  3 45 youthful offenders,".
  3 46    #12.  Title page 2, by striking lines 4 and 5 and
  3 47 inserting the following:  "authorizing school
  3 48 officials to report possession or".
  3 49    #13.  By numbering and renumbering as necessary.  
  3 50 
  4  1 
  4  2                               
  4  3 O. GENE MADDOX
  4  4 JOHNIE HAMMOND
  4  5 MAGGIE TINSMAN
  4  6 NANCY BOETTGER
  4  7 SF 515.503 77
  4  8 lh/jw/28
     

Text: S03235                            Text: S03237
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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