Text: HF02366 Text: HF02368 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 123.46, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3A. a. A peace officer shall make a
1 4 reasonable effort to identify a person under the age of
1 5 eighteen who violates this section, and if the person is not
1 6 referred to juvenile court, the law enforcement agency of
1 7 which the peace officer is an employee shall make a reasonable
1 8 attempt to notify the person's custodial parent or legal
1 9 guardian of the violation, whether or not the person is taken
1 10 into custody, unless the officer has reasonable grounds to
1 11 believe that notification is not in the best interests of the
1 12 person or will endanger that person.
1 13 b. The peace officer shall also make a reasonable effort
1 14 to identify the elementary or secondary school which the
1 15 person attends if the person is enrolled in elementary or
1 16 secondary school and to notify the superintendent or the
1 17 superintendent's designee of the school which the person
1 18 attends, or the authorities in charge of the nonpublic school
1 19 which the person attends, of the violation. If the person is
1 20 taken into custody, the peace officer shall notify a juvenile
1 21 court officer who shall make a reasonable effort to identify
1 22 the elementary or secondary school the person attends, if any,
1 23 and to notify the superintendent of the school district or the
1 24 superintendent's designee, or the authorities in charge of the
1 25 nonpublic school, of the violation. A reasonable attempt to
1 26 notify the person includes, but is not limited to, a telephone
1 27 call or notice by first-class mail.
1 28 Sec. 2. NEW SECTION. 321J.2B PARENTAL AND SCHOOL
1 29 NOTIFICATION – PERSONS UNDER EIGHTEEN YEARS OF AGE.
1 30 1. A peace officer shall make a reasonable effort to
1 31 identify a person under the age of eighteen who violates
1 32 section 321J.2 or 321J.2A, and if the person is not referred
1 33 to juvenile court, the law enforcement agency of which the
1 34 peace officer is an employee shall make a reasonable attempt
1 35 to notify the person's custodial parent or legal guardian of
2 1 the violation, whether or not the person is taken into
2 2 custody, unless the officer has reasonable grounds to believe
2 3 that notification is not in the best interests of the person
2 4 or will endanger that person.
2 5 2. The peace officer shall also make a reasonable effort
2 6 to identify the elementary or secondary school which the
2 7 person attends if the person is enrolled in elementary or
2 8 secondary school and to notify the superintendent or the
2 9 superintendent's designee of the school which the person
2 10 attends, or the authorities in charge of the nonpublic school
2 11 which the person attends, of the violation. If the person is
2 12 taken into custody, the peace officer shall notify a juvenile
2 13 court officer who shall make a reasonable effort to identify
2 14 the elementary or secondary school the person attends, if any,
2 15 and to notify the superintendent of the school district or the
2 16 superintendent's designee, or the authorities in charge of the
2 17 nonpublic school, of the violation. A reasonable attempt to
2 18 notify the person includes, but is not limited to, a telephone
2 19 call or notice by first-class mail.
2 20 EXPLANATION
2 21 This bill creates a parental and school notification
2 22 requirement by a law enforcement officer when a child under
2 23 the age of 18 violates Code section 123.46 relating to public
2 24 intoxication, or violates Code section 321J.2 or 321J.2A
2 25 relating to operating a motor vehicle while intoxicated or
2 26 with a blood alcohol concentration at or above .02. The
2 27 notice requirements are identical to the parental and school
2 28 notice requirements under Code section 123.47B when a child
2 29 under the age of 18 is discovered to be in possession of
2 30 alcohol.
2 31 LSB 5023HV 78
2 32 jj/gg/8
Text: HF02366 Text: HF02368 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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