Text: SF00153 Text: SF00155 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 123.46, subsection 1, paragraph b, Code
1 2 2003, is amended to read as follows:
1 3 b. "Chemical test" means a test of a person's blood,
1 4 breath, or urine to determine the percentage of alcohol
1 5 present, or a test of a person's blood or urine to detect the
1 6 presence of a controlled substance, by a qualified person
1 7 using devices and methods approved by the commissioner of
1 8 public safety.
1 9 Sec. 2. Section 123.46, subsection 1, Code 2003, is
1 10 amended by adding the following new paragraph:
1 11 NEW PARAGRAPH. bb. "Controlled substance" means any drug,
1 12 substance, or compound that is listed in section 124.204 or
1 13 124.206, or any metabolite or derivative of the drug,
1 14 substance, or compound.
1 15 Sec. 3. Section 123.46, subsections 2 and 3, Code 2003,
1 16 are amended to read as follows:
1 17 2. A person shall not use or consume alcoholic liquor,
1 18 wine, or beer, or use or consume any amount of a controlled
1 19 substance, upon the public streets or highways. A person
1 20 shall not use or consume alcoholic liquor in any public place
1 21 except premises covered by a liquor control license. A person
1 22 shall not possess or consume alcoholic liquors, wine, or beer,
1 23 or any controlled substance, on public school property or
1 24 while attending a public or private school-related function.
1 25 A person shall not be intoxicated or simulate intoxication in
1 26 a public place. A person violating this subsection is guilty
1 27 of a simple misdemeanor.
1 28 3. a. When a peace officer arrests a person on a charge
1 29 of public intoxication under this section, the peace officer
1 30 shall inform the person that the person may have a chemical
1 31 test administered at the person's own expense to test for
1 32 either the presence of an alcohol concentration established by
1 33 the results of an analysis of a specimen of the person's
1 34 blood, breath, or urine, or the presence of a controlled
1 35 substance established by the results of analysis of a specimen
2 1 of the person's blood or urine.
2 2 b. If a device approved by the commissioner of public
2 3 safety for testing a sample of a person's breath to determine
2 4 the person's blood alcohol concentration is available, that is
2 5 the only test that need be offered the person arrested due to
2 6 suspected blood alcohol content.
2 7 c. In a prosecution for public intoxication, evidence of
2 8 the results of a chemical test performed under this subsection
2 9 is admissible upon proof of a proper foundation.
2 10 d. The percentage of alcohol present in a person's blood,
2 11 breath, or urine established by the results of a chemical test
2 12 performed within two hours after the person's arrest on a
2 13 charge of public intoxication is presumed to be the percentage
2 14 of alcohol present at the time of arrest. The presence of a
2 15 controlled substance established by the results of an analysis
2 16 of a specimen of the person's blood or urine withdrawn within
2 17 two hours after the person's arrest on a charge of public
2 18 intoxication is presumed to show the presence of such
2 19 controlled substance in the person at the time of arrest.
2 20 EXPLANATION
2 21 This bill expands the scope of the crime of public
2 22 intoxication to include a person, including a juvenile, who
2 23 uses, consumes, or possesses a controlled substance on public
2 24 streets or highways, or who possesses or consumes a controlled
2 25 substance on public school property, or while attending a
2 26 public or private school-related function. Currently, only
2 27 persons who use, consume, or possess alcohol on public streets
2 28 or highways, or who possess or consume alcohol on public
2 29 school property or while attending a public or private school-
2 30 related function, can be found guilty of public intoxication.
2 31 A person who violates this bill is guilty of a simple
2 32 misdemeanor. A simple misdemeanor is punishable by
2 33 confinement for no more than 30 days or a fine of at least $50
2 34 but not more than $500 or by both. A juvenile who violates
2 35 this bill is guilty of a delinquent act and may be detained in
3 1 a facility or released to the custody of the juvenile's
3 2 parents, pursuant to Code section 232.22, subsection 3. The
3 3 juvenile shall also face suspension or revocation of the
3 4 juvenile's driver's license or operating privileges for a
3 5 period of one year.
3 6 LSB 1004SS 80
3 7 rh/sh/8
Text: SF00153 Text: SF00155 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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