Text: HF02403 Text: HF02405 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, subsection 3, Code Supplement 1 2 1999, is amended to read as follows: 1 3 3. A person who is under legal age, other than a licensee 1 4 or permittee, who violates this section regarding the purchase 1 5 of or attempt to purchase alcoholic liquor, wine, or beer, or 1 6 possessing or having control of alcoholic liquor, wine, or 1 7 beer, commits a simple misdemeanor punishableby a fine of one1 8hundred dollars for the first offenseas a scheduled violation 1 9 under section 805.8, subsection 10. A second or subsequent 1 10 offense shallbe a simple misdemeanor punishable by a fine of1 11two hundred dollars andalso result in the suspension of the 1 12 person's motor vehicle operating privileges for a period not 1 13 to exceed one year. The court may, in its discretion, order 1 14 the person who is under legal age to perform community service 1 15 work under section 909.3A, of an equivalent value to the fine 1 16 imposed under this section. However, if the person who 1 17 commits the violation of this section is under the age of 1 18 eighteen, the matter shall be disposed of in the manner 1 19 provided in chapter 232. 1 20 Sec. 2. Section 805.8, subsection 10, Code Supplement 1 21 1999, is amended by adding the following new paragraph before 1 22 paragraph a: 1 23 NEW PARAGRAPH. aa. For violations of section 123.47, 1 24 subsection 3, the scheduled fine is one hundred dollars for a 1 25 first offense and two hundred dollars for a second or 1 26 subsequent offense. 1 27 EXPLANATION 1 28 This bill makes changes to the criminal penalty for persons 1 29 under legal age (under 21) who purchase, attempt to purchase, 1 30 or possess an alcoholic beverage. The bill does not change 1 31 the mandatory fine amounts under existing law. However, the 1 32 bill changes the penalty from a simple misdemeanor to a simple 1 33 misdemeanor punishable as a scheduled violation. The bill 1 34 provides that a first offense is punishable by a scheduled 1 35 fine in the amount of $100 and a second or subsequent offense 2 1 is punishable by a scheduled fine in the amount of $200. The 2 2 driver's license of a person under legal age is also suspended 2 3 for a second or subsequent offense under existing law. 2 4 A scheduled violation is a simple misdemeanor punishable by 2 5 only a fine. A person charged with a scheduled violation may 2 6 enter a plea of guilty without making a formal court 2 7 appearance. Persons under the age of 18 who violate the 2 8 bill's prohibitions remain subject to juvenile court 2 9 jurisdiction. 2 10 LSB 5848YH 78 2 11 jm/cf/24
Text: HF02403 Text: HF02405 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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