Text: SF00191 Text: SF00193 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 192 1 2 1 3 AN ACT 1 4 RELATING TO OPEN CONTAINERS IN MOTOR VEHICLES AND PROVIDING 1 5 A PENALTY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 321.284, Code 1999, is amended to read 1 10 as follows: 1 11 321.284 OPEN CONTAINERS IN MOTOR VEHICLES – DRIVERS. 1 12 Aperson driving a motor vehicledriver of a motor vehicle 1 13 upon a public street or highway shall notknowinglypossess in 1 14athe passenger area of the motor vehicleupon a public street1 15or highwayan open or unsealed bottle, can, jar, or other 1 16 receptacle containing an alcoholic beverage, wine, or beer1 17with the intent to consume the alcoholic beverage, wine, or1 18beer while the motor vehicle is upon a public street or1 19highway.Evidence that an open or unsealed receptacle1 20containing an alcoholic beverage, wine, or beer was found1 21during an authorized search in the glove compartment, utility1 22compartment, console, front passenger seat, or any unlocked1 23portable device and within the immediate reach of the driver1 24while the motor vehicle is upon a public street or highway is1 25evidence from which the court or jury may infer that the1 26driver intended to consume the alcoholic beverage, wine, or1 27beer while upon the public street or highway if the inference1 28is supported by corroborative evidence. However, an1 29 "Passenger area" means the area designed to seat the driver 1 30 and passengers while the motor vehicle is in operation and any 1 31 area that is readily accessible to the driver or a passenger 1 32 while in their seating positions, including the glove 1 33 compartment. An open or unsealed receptacle containing an 1 34 alcoholic beverage, wine, or beermay be transportedat any1 35timein the trunk of the motor vehicleor in some other area2 1of the interior of the motor vehicle not designed or intended2 2to be occupied by the driver and not readily accessible to the2 3driver while the motor vehicle is in motion. An unsealed 2 4 receptacle containing an alcoholic beverage may be transported 2 5 behind the last upright seat of the motor vehicle if the motor 2 6 vehicle does not have a trunk. A person convicted of a 2 7 violation of this section is guilty of a simple misdemeanor 2 8 punishable as a scheduled violation under section 805.8, 2 9 subsection 10, paragraph "b". 2 10 Sec. 2. NEW SECTION. 321.284A OPEN CONTAINERS IN MOTOR 2 11 VEHICLES – PASSENGERS. 2 12 1. A passenger in a motor vehicle upon a public street or 2 13 highway shall not possess in the passenger area of the motor 2 14 vehicle an open or unsealed bottle, can, jar, or other 2 15 receptacle containing an alcoholic beverage. "Passenger area" 2 16 means the area of a motor vehicle designed to seat the driver 2 17 and passengers while the motor vehicle is in operation and any 2 18 area that is readily accessible to the driver or a passenger 2 19 while in their seating positions, including the glove 2 20 compartment. An open or unsealed receptacle containing an 2 21 alcoholic beverage may be transported in the trunk of the 2 22 motor vehicle. An unsealed receptacle containing an alcoholic 2 23 beverage may be transported behind the last upright seat of 2 24 the motor vehicle if the motor vehicle does not have a trunk. 2 25 2. This section does not apply to a passenger being 2 26 transported in a motor vehicle designed, maintained, or used 2 27 primarily for the transportation of persons for compensation, 2 28 or a passenger being transported in the living quarters of a 2 29 motor home, mobile home, travel trailer, or fifth-wheel travel 2 30 trailer. 2 31 3. A person convicted of a violation of this section is 2 32 guilty of a simple misdemeanor punishable as a scheduled 2 33 violation under section 805.8, subsection 10, paragraph "b". 2 34 4. The department shall not include a conviction for a 2 35 violation of this section on the individual driving record of 3 1 the person committing the violation and the conviction shall 3 2 not be considered by the department in any proceeding for 3 3 suspension, revocation, barring, or denying of the person's 3 4 driver's license or upon any application for renewal of 3 5 driving privileges. 3 6 Sec. 3. Section 805.8, subsection 10, paragraph b, Code 3 7 1999, is amended to read as follows: 3 8 b. For violationsof sectionunder sections 321.284 and 3 9 321.284A, the scheduled fine is fifty dollars. 3 10 3 11 3 12 3 13 MARY E. KRAMER 3 14 President of the Senate 3 15 3 16 3 17 3 18 RON J. CORBETT 3 19 Speaker of the House 3 20 3 21 I hereby certify that this bill originated in the Senate and 3 22 is known as Senate File 192, Seventy-eighth General Assembly. 3 23 3 24 3 25 3 26 MICHAEL E. MARSHALL 3 27 Secretary of the Senate 3 28 Approved , 1999 3 29 3 30 3 31 3 32 THOMAS J. VILSACK 3 33 Governor
Text: SF00191 Text: SF00193 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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