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House Journal: Page 210: Wednesday, February 11, 1998

CONSIDERATION OF BILL
Regular Calendar
House File 2162, a bill for an act relating to nonsubstantive
Code corrections and including a retroactive applicability
provision, with report of committee recommending amendment and
passage, was taken up for consideration.
Sukup of Franklin offered the following amendment H-8014 filed
by the committee on judiciary and moved its adoption:

H-8014

 1     Amend House File 2162 as follows:
 2     1.  Page 17, by inserting after line 1 the
 3   following:
 4     "Sec. ___.  Section 321.284, Code 1997, is amended
 5   to read as follows:
 6     321.284  OPEN CONTAINERS IN MOTOR VEHICLES.
 7     A person driving a motor vehicle shall not
 8   knowingly possess in a motor vehicle upon a public
 9   street or highway an open or unsealed bottle, can,
10   jar, or other receptacle containing an alcoholic
11   beverage, wine, or beer with the intent to consume the
12   alcoholic beverage, wine, or beer while the motor
13   vehicle is upon a public street or highway.  Evidence
14   that an open or unsealed receptacle containing an
15   alcoholic beverage, wine, or beer was found during an
16   authorized search in the glove compartment, utility
17   compartment, console, front passenger seat, or any
18   unlocked portable device and within the immediate
19   reach of the driver while the motor vehicle is upon a
20   public street or highway is evidence from which the
21   court or jury may infer that the driver intended to
22   consume the alcoholic beverage, wine, or beer while
23   upon the public street or highway if the inference is
24   supported by corroborative evidence.  However, an open
25   or unsealed receptacle containing an alcoholic
26   beverage, wine, or beer may be transported at any time
27   in the trunk of the motor vehicle or in some other
28   area of the interior of the motor vehicle not designed
29   or intended to be occupied by the driver and not
30   readily accessible to the driver while the motor
31   vehicle is in motion.  A person convicted of a
32   violation of this section is guilty of a simple
33   misdemeanor punishable as a scheduled violation under
34   section 805.8, subsection 10, paragraph "c"."
35     2.  By renumbering and changing internal
36   references as necessary.
The committee amendment H-8014 was adopted.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Feb 12 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00200/00210.html
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