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Senate Study Bill 1046

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.284, Code 1999, is amended to read
  1  2 as follows:
  1  3    321.284  OPEN CONTAINERS IN MOTOR VEHICLES – DRIVERS.
  1  4    A person driving a motor vehicle driver of a motor vehicle
  1  5 upon a public street or highway shall not knowingly possess in
  1  6 a the passenger area of the motor vehicle upon a public street
  1  7 or highway an open or unsealed bottle, can, jar, or other
  1  8 receptacle containing an alcoholic beverage, wine, or beer
  1  9 with the intent to consume the alcoholic beverage, wine, or
  1 10 beer while the motor vehicle is upon a public street or
  1 11 highway.  Evidence that an open or unsealed receptacle
  1 12 containing an alcoholic beverage, wine, or beer was found
  1 13 during an authorized search in the glove compartment, utility
  1 14 compartment, console, front passenger seat, or any unlocked
  1 15 portable device and within the immediate reach of the driver
  1 16 while the motor vehicle is upon a public street or highway is
  1 17 evidence from which the court or jury may infer that the
  1 18 driver intended to consume the alcoholic beverage, wine, or
  1 19 beer while upon the public street or highway if the inference
  1 20 is supported by corroborative evidence.  However, an
  1 21 "Passenger area" means the area designed to seat the driver
  1 22 and passengers while the motor vehicle is in operation and any
  1 23 area that is readily accessible to the driver or a passenger
  1 24 while in their seating positions, including the glove
  1 25 compartment.  An open or unsealed receptacle containing an
  1 26 alcoholic beverage, wine, or beer may be transported at any
  1 27 time in the trunk of the motor vehicle or in some other area
  1 28 of the interior of the motor vehicle not designed or intended
  1 29 to be occupied by the driver and not readily accessible to the
  1 30 driver while the motor vehicle is in motion.  A person
  1 31 convicted of a violation of this section is guilty of a simple
  1 32 misdemeanor punishable as a scheduled violation under section
  1 33 805.8, subsection 10, paragraph "b".
  1 34    Sec. 2.  NEW SECTION.  321.284A  OPEN CONTAINERS IN MOTOR
  1 35 VEHICLES – PASSENGERS.
  2  1    1.  A passenger in a motor vehicle upon a public street or
  2  2 highway shall not possess in the passenger area of the motor
  2  3 vehicle an open or unsealed bottle, can, jar, or other
  2  4 receptacle containing an alcoholic beverage.  "Passenger area"
  2  5 means the area of a motor vehicle designed to seat the driver
  2  6 and passengers while the motor vehicle is in operation and any
  2  7 area that is readily accessible to the driver or a passenger
  2  8 while in their seating positions, including the glove
  2  9 compartment.  An open or unsealed receptacle containing an
  2 10 alcoholic beverage may be transported in the trunk of the
  2 11 motor vehicle.
  2 12    2.  This section does not apply to a passenger being
  2 13 transported in a motor vehicle designed, maintained, or used
  2 14 primarily for the transportation of persons for compensation,
  2 15 or a passenger being transported in the living quarters of a
  2 16 motor home, mobile home, travel trailer, or fifth-wheel travel
  2 17 trailer.
  2 18    3.  A person convicted of a violation of this section is
  2 19 guilty of a simple misdemeanor punishable as a scheduled
  2 20 violation under section 805.8, subsection 10, paragraph "b".
  2 21    Sec. 3.  Section 805.8, subsection 10, paragraph b, Code
  2 22 1999, is amended to read as follows:
  2 23    b.  For violations of section under sections 321.284 and
  2 24 321.284A, the scheduled fine is fifty dollars.  
  2 25                           EXPLANATION 
  2 26    Current law prohibits the driver of a motor vehicle from
  2 27 knowingly possessing an open alcoholic beverage container
  2 28 within the immediate reach of the driver with the intent to
  2 29 consume the alcoholic beverage while the motor vehicle is upon
  2 30 a street or highway.  This bill changes the current provision
  2 31 by prohibiting both the driver of and passengers in a motor
  2 32 vehicle, regardless of intent, from possessing an open or
  2 33 unsealed receptacle containing an alcoholic beverage in the
  2 34 passenger area of the motor vehicle.  "Passenger area" is
  2 35 defined as the area of a motor vehicle designed to seat the
  3  1 driver and passengers while the motor vehicle is in operation
  3  2 and any area that is readily accessible to the driver or a
  3  3 passenger while seated in the motor vehicle, including the
  3  4 glove compartment.  The bill excludes passengers in the
  3  5 passenger area of a motor vehicle being operated for the
  3  6 transportation of persons for compensation and passengers in
  3  7 the living quarters of a motor home, mobile home, travel
  3  8 trailer, or fifth-wheel travel trailer from the prohibition.
  3  9 A violation of the bill is a simple misdemeanor punishable by
  3 10 a scheduled fine of $50.  
  3 11 LSB 1242DP 78
  3 12 nh/gg/8
     

Text: SSB01045                          Text: SSB01047
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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