Text: HF02252 Text: HF02254 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, Code 2003, is amended to read 1 2 as follows: 1 3 123.47 PERSONS UNDER LEGAL AGE – PENALTY. 1 4 1. A person shall not sell, give, or otherwise supply 1 5 alcoholic liquor, wine, or beer to any person knowing or 1 6 having reasonable cause to believe that person to be under 1 7 legal age. 1 8 2. A person or persons under legal age shall not purchase 1 9 or attempt to purchase, or individually or jointly have 1 10 alcoholic liquor, wine, or beer in their possession or 1 11 control; except in the case of liquor, wine, or beer given or 1 12 dispensed to a person under legal age within a private home 1 13 and with the knowledge, presence, and consent of the parent or 1 14 guardian, for beverage or medicinal purposes or as 1 15 administered to the person by either a physician or dentist 1 16 for medicinal purposes and except to the extent that a person 1 17 under legal age may handle alcoholic beverages, wine, and beer 1 18 during the regular course of the person's employment by a 1 19 liquor control licensee, or wine or beer permittee under this 1 20 chapter. 1 21 3. A person who is under legal age, other than a licensee 1 22 or permittee, who violates this section regarding the purchase 1 23 of or attempt to purchase alcoholic liquor, wine, or beer, or 1 24 possessing or having control of alcoholic liquor, wine, or 1 25 beer, commitsa simplean aggravated misdemeanorpunishable by1 26a fine of one hundred dollars for the first offense.A second1 27or subsequent offense shall be a simple misdemeanor punishable1 28by a fine of two hundred dollars and the suspension of the1 29person's motor vehicle operating privileges for a period not1 30to exceed one year. The court may, in its discretion, order1 31the person who is under legal age to perform community service1 32work under section 909.3A, of an equivalent value to the fine1 33imposed under this section.However, if the person who 1 34 commits the violation of this section is under the age of 1 35 eighteen, the matter shall be disposed of in the manner 2 1 provided in chapter 232, and additionally a one-year 2 2 suspension of the person's motor vehicle operating privileges 2 3 issued pursuant to section 321.180B shall be imposed. 2 4 4. Except as otherwise provided in subsections 5 and 6, a 2 5 person who isof legal ageeighteen years of age or older, 2 6 other than a licensee or permittee, who sells, gives, or 2 7 otherwise supplies alcoholic liquor, wine, or beer to a person 2 8 who is under legal age in violation of this section commits a 2 9 serious misdemeanor punishable by a minimum fine of five 2 10 hundred dollars. 2 11 5. A person who isof legal ageeighteen years of age or 2 12 older, other than a licensee or permittee, who sells, gives, 2 13 or otherwise supplies alcoholic liquor, wine, or beer to a 2 14 person who is under legal age in violation of this section 2 15 which results in serious injury to any person commits an 2 16 aggravated misdemeanor. 2 17 6. A person who isof legal ageeighteen years of age or 2 18 older, other than a licensee or permittee, who sells, gives, 2 19 or otherwise supplies alcoholic liquor, wine, or beer to a 2 20 person who is under legal age in violation of this section 2 21 which results in the death of any person commits a class "D" 2 22 felony. 2 23 EXPLANATION 2 24 This bill changes penalties imposed for alcohol-related 2 25 offenses in connection with under-legal-age individuals. 2 26 The bill provides that persons under legal age (under age 2 27 21), other than a licensee or permittee, who violate 2 28 provisions of Code section 123.47 relating to the purchase, 2 29 attempted purchase, or possession, of alcoholic liquor, wine, 2 30 or beer, commit an aggravated misdemeanor. Currently, the 2 31 penalty for such violations consists of a simple misdemeanor 2 32 punishable by a $100 fine for a first offense, increasing to a 2 33 $200 fine and a motor vehicle operator's license suspension 2 34 for subsequent offenses, with the possibility of community 2 35 service work imposed in lieu of a monetary fine. The bill 3 1 provides that in the case of a person under the age of 18, in 3 2 addition to the current penalty of disposition as provided in 3 3 Code chapter 232 dealing with juvenile justice proceedings, 3 4 there will also be a one-year revocation of a motor vehicle 3 5 operator's license issued pursuant to Code section 321.180B. 3 6 The bill also provides that the penalties currently 3 7 applicable for violations of the provisions of Code section 3 8 123.47 by individuals of legal age (age 21 or older) relating 3 9 to selling, gifting, or otherwise supplying alcoholic liquor, 3 10 wine, or beer to persons under legal age (under age 21) shall 3 11 instead refer to individuals age 18 or older who sell, gift, 3 12 or supply to individuals under legal age (under age 21). The 3 13 effect of this change is to make these penalties applicable to 3 14 individuals between 18 and 20 years of age. 3 15 LSB 6083YH 80 3 16 rn/sh/8
Text: HF02252 Text: HF02254 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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