Text: SF00121 Text: SF00123 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, Code 1997, is amended to read 1 2 as follows: 1 3 123.47 PERSONS UNDER THE AGE OF EIGHTEEN – PENALTY. 1 4 1. A person shall not sell, give, or otherwise supply 1 5 alcoholic liquor, wine, or beer to any person knowing or 1 6 having reasonable cause to believe that person to be under the 1 7 age of eighteen, and a. 1 8 2. A person or persons under the age of eighteen shall not 1 9 purchase or attempt to purchase, or individually or jointly 1 10 have alcoholic liquor, wine, or beer in their possession or 1 11 control; except in the case of liquor, wine, or beer given or 1 12 dispensed to a person under the age of eighteen within a 1 13 private home and with the knowledge, presence, and consent of 1 14 the parent or guardian, for beverage or medicinal purposes or 1 15 as administered to the person by either a physician or dentist 1 16 for medicinal purposes and except to the extent that a person 1 17 under the age of eighteen may handle alcoholic beverages, 1 18 wine, and beer during the regular course of the person's 1 19 employment by a liquor control licensee, or wine or beer 1 20 permittee under this chapter. 1 21 3. A person, other than a licensee or permittee, who 1 22 violates this section regarding the purchase of or attempt to 1 23 purchase alcoholic liquor, wine, or beershall pay a twenty-1 24five dollar penalty, or possessing or having control of 1 25 alcoholic liquor, wine, or beer, commits a simple misdemeanor. 1 26 Notwithstanding section 903.1, subsection 1, paragraph "a", if 1 27 a fine is imposed under this subsection, the fine shall be one 1 28 hundred dollars. 1 29 4. Except as otherwise provided in subsections 5 and 6, a 1 30 person, other than a licensee or permittee, who sells, gives, 1 31 or otherwise supplies alcoholic liquor, wine, or beer to a 1 32 person who is under the age of eighteen in violation of this 1 33 section commits a simple misdemeanor for a first offense. 1 34 Notwithstanding section 903.1, subsection 1, paragraph "a", if 1 35 a fine is imposed for a first offense under this subsection, 2 1 the fine shall be one hundred dollars. A person who commits a 2 2 second or subsequent violation commits a serious misdemeanor. 2 3 5. A person, other than a licensee or permittee, who 2 4 sells, gives, or otherwise supplies alcoholic liquor, wine, or 2 5 beer to a person who is under the age of eighteen in violation 2 6 of this section which results in serious injury to the person 2 7 who is under the age of eighteen commits an aggravated 2 8 misdemeanor. 2 9 6. A person, other than a licensee or permittee, who 2 10 sells, gives, or otherwise supplies alcoholic liquor, wine, or 2 11 beer to a person who is under the age of eighteen in violation 2 12 of this section which results in the death of the person who 2 13 is under the age of eighteen commits a class "D" felony. 2 14 Sec. 2. Section 123.50, subsection 4, Code 1997, is 2 15 amended by striking the subsection. 2 16 EXPLANATION 2 17 This bill increases the penalties applicable to the 2 18 possession, providing, and purchasing of alcohol for persons 2 19 who are under 18 years of age. 2 20 The penalty for possession, purchase, or sale of alcohol to 2 21 persons under the age of 18 is made a simple misdemeanor. If 2 22 a fine is imposed for the simple misdemeanor violation, the 2 23 fine must be $100. Persons under the age of 18 who are 2 24 accused of possessing, purchasing, or attempting to purchase 2 25 alcohol still will be issued a citation in lieu of arrest 2 26 under Code section 805.16. A second or subsequent offense 2 27 involving the sale, giving, or supplying of alcohol to a 2 28 person who is under the age of 18 is a serious misdemeanor. 2 29 If serious injury results from the sale, giving, or otherwise 2 30 supplying of alcohol to a person who is under the age of 18, 2 31 the offense is an aggravated misdemeanor. If death results 2 32 from the same conduct, the offense is a class "D" felony. 2 33 Currently, the purchase of alcohol or attempt to purchase 2 34 alcohol by persons under the age of 18 is punishable by a $25 2 35 fine. The sale of alcohol to persons under the age of 18, by 3 1 persons other than licensees or permittees, currently is a 3 2 serious misdemeanor punishable by a minimum fine of $100 for a 3 3 first offense, $250 for a second offense, and $500 for a third 3 4 and subsequent offense and a maximum fine for any offense of 3 5 not more than $1,000. Specific penalty enhancements, when the 3 6 sale, gift, or supplying of alcohol results in serious injury 3 7 or death, are not provided for under current law. 3 8 Serious misdemeanors, unless otherwise provided, carry a 3 9 possible penalty of at least $250, but not to exceed $1,500, 3 10 and possible imprisonment of not to exceed one year. 3 11 Aggravated misdemeanors carry a maximum penalty of 3 12 imprisonment not to exceed two years and a fine of at least 3 13 $500 but not to exceed $5,000. Aggravated misdemeanor 3 14 sentences exceeding one year are to be for an indeterminate 3 15 term of confinement. Class "D" felonies are punishable by 3 16 imprisonment for not more than five years and an additional 3 17 possible fine of at least $500 but not more than $7,500. 3 18 LSB 1591XS 77 3 19 lh/jw/5
Text: SF00121 Text: SF00123 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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