Text: S05234                            Text: S05236
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5235

Amendment Text

PAG LIN
  1  1    Amend House File 2511, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 123.46, Code 1999, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  3A.  a.  A peace officer shall
  1  8 make a reasonable effort to identify a person under
  1  9 the age of eighteen who violates this section, and if
  1 10 the person is not referred to juvenile court, the law
  1 11 enforcement agency of which the peace officer is an
  1 12 employee shall make a reasonable attempt to notify the
  1 13 person's custodial parent or legal guardian of the
  1 14 violation, whether or not the person is taken into
  1 15 custody, unless the officer has reasonable grounds to
  1 16 believe that notification is not in the best interests
  1 17 of the person or will endanger that person.
  1 18    b.  The peace officer shall also make a reasonable
  1 19 effort to identify the elementary or secondary school
  1 20 which the person attends if the person is enrolled in
  1 21 elementary or secondary school and to notify the
  1 22 superintendent or the superintendent's designee of the
  1 23 school which the person attends, or the authorities in
  1 24 charge of the nonpublic school which the person
  1 25 attends, of the violation.  If the person is taken
  1 26 into custody, the peace officer shall notify a
  1 27 juvenile court officer who shall make a reasonable
  1 28 effort to identify the elementary or secondary school
  1 29 the person attends, if any, and to notify the
  1 30 superintendent of the school district or the
  1 31 superintendent's designee, or the authorities in
  1 32 charge of the nonpublic school, of the violation.  A
  1 33 reasonable attempt to notify the person includes, but
  1 34 is not limited to, a telephone call or notice by
  1 35 first-class mail.
  1 36    Sec. 2.  NEW SECTION.  321J.2B  PARENTAL AND SCHOOL
  1 37 NOTIFICATION – PERSONS UNDER EIGHTEEN YEARS OF AGE.
  1 38    1.  A peace officer shall make a reasonable effort
  1 39 to identify a person under the age of eighteen who
  1 40 violates section 321J.2 or 321J.2A, and if the person
  1 41 is not referred to juvenile court, the law enforcement
  1 42 agency of which the peace officer is an employee shall
  1 43 make a reasonable attempt to notify the person's
  1 44 custodial parent or legal guardian of the violation,
  1 45 whether or not the person is taken into custody,
  1 46 unless the officer has reasonable grounds to believe
  1 47 that notification is not in the best interests of the
  1 48 person or will endanger that person.
  1 49    2.  The peace officer shall also make a reasonable
  1 50 effort to identify the elementary or secondary school
  2  1 which the person attends if the person is enrolled in
  2  2 elementary or secondary school and to notify the
  2  3 superintendent or the superintendent's designee of the
  2  4 school which the person attends, or the authorities in
  2  5 charge of the nonpublic school which the person
  2  6 attends, of the violation.  If the person is taken
  2  7 into custody, the peace officer shall notify a
  2  8 juvenile court officer who shall make a reasonable
  2  9 effort to identify the elementary or secondary school
  2 10 the person attends, if any, and to notify the
  2 11 superintendent of the school district or the
  2 12 superintendent's designee, or the authorities in
  2 13 charge of the nonpublic school, of the violation.  A
  2 14 reasonable attempt to notify the person includes, but
  2 15 is not limited to, a telephone call or notice by
  2 16 first-class mail." 
  2 17 
  2 18 
  2 19                               
  2 20 TOM FLYNN
  2 21 HF 2511.305 78
  2 22 jm/cf
     

Text: S05234                            Text: S05236
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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