Senate Study Bill 1088 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act providing immunity from certain criminal offenses and 1 prohibiting certain disciplinary sanctions for persons who 2 report, seek, or require emergency assistance for alcohol or 3 drug-related overdoses or protection from certain crimes, 4 and modifying penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1737XC (2) 87 jh/nh

S.F. _____ Section 1. Section 123.46, Code 2017, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 7. A person shall not be charged or 3 prosecuted for a violation of this section if the person is 4 immune from charge or prosecution pursuant to section 701.12. 5 Sec. 2. Section 123.47, Code 2017, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 9. A person shall not be charged or 8 prosecuted for a violation of subsection 3 or 4 if the person 9 is immune from charge or prosecution pursuant to section 10 701.12. 11 Sec. 3. Section 123.47B, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. If a person under the age of 14 eighteen is discovered consuming or to be in possession of 15 alcoholic liquor, wine, or beer, but the person is immune from 16 prosecution under section 701.12, a peace officer shall make a 17 reasonable effort to identify the person and notify a juvenile 18 court officer of such person’s consumption or possession. 19 Sec. 4. Section 124.401, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 6. A person shall not be charged or 22 prosecuted for a violation of subsection 1 or 5 if the person 23 is immune from charge or prosecution pursuant to section 24 701.12. 25 Sec. 5. Section 124.407, Code 2017, is amended by adding the 26 following new unnumbered paragraph: 27 NEW UNNUMBERED PARAGRAPH . A person shall not be charged or 28 prosecuted for a violation of this section if the person is 29 immune from charge or prosecution pursuant to section 701.12. 30 Sec. 6. Section 124.414, Code 2017, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4. A person shall not be charged or 33 prosecuted for a violation of this section if the person is 34 immune from charge or prosecution pursuant to section 701.12. 35 -1- LSB 1737XC (2) 87 jh/nh 1/ 5

S.F. _____ Sec. 7. Section 262.9, Code 2017, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 39. Prohibit an institution of higher 3 education under its control from imposing any of the following 4 disciplinary sanctions against a student for possession or 5 consumption of alcohol or a controlled substance or possession 6 of drug paraphernalia if the student is immune from charge or 7 prosecution pursuant to section 701.12: 8 a. Removal from a course. 9 b. Enrollment restrictions in a course or program. 10 c. Suspension or expulsion from the university. 11 d. Eviction or exclusion from student housing. 12 Sec. 8. Section 321.216B, Code 2017, is amended to read as 13 follows: 14 321.216B Use of driver’s license or nonoperator’s 15 identification card by underage person to obtain alcohol. 16 1. A person who is under the age of twenty-one, who alters 17 or displays or has in the person’s possession a fictitious 18 or fraudulently altered driver’s license or nonoperator’s 19 identification card and who uses the license to violate or 20 attempt to violate section 123.47 , commits a simple misdemeanor 21 punishable as a scheduled violation under section 805.8A, 22 subsection 4 . The court shall forward a copy of the conviction 23 to the department. 24 2. A person shall not be charged or prosecuted for a 25 violation of this section if the person is immune from charge 26 or prosecution pursuant to section 701.12. 27 Sec. 9. Section 321.284, Code 2017, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3. A person shall not be charged or 30 prosecuted for a violation of this section if the person is 31 immune from charge or prosecution pursuant to section 701.12. 32 Sec. 10. Section 321.284A, Code 2017, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 6. A person shall not be charged or 35 -2- LSB 1737XC (2) 87 jh/nh 2/ 5

S.F. _____ prosecuted for a violation of this section if the person is 1 immune from charge or prosecution pursuant to section 701.12. 2 Sec. 11. NEW SECTION . 701.12 Persons seeking emergency 3 assistance for overdose or crime victims —— immunity. 4 1. A person shall not be charged or prosecuted for the 5 violation of any of the following offenses if the evidence 6 for the charge was obtained as a result of the person in good 7 faith seeking emergency assistance for the person or another 8 person due to an alcohol or drug-related overdose or because 9 the person or other person is a victim of a crime prohibited by 10 chapter 708, 709, or 710A: 11 a. Section 123.46. 12 b. Section 123.47, subsection 3 or 4. 13 c. Section 124.401, subsection 1 or 5. 14 d. Section 124.407. 15 e. Section 124.414. 16 f. Section 321.216B. 17 g. Section 321.284. 18 h. Section 321.284A. 19 2. To be eligible for immunity under this section, the 20 reporting person, or persons acting in concert, must do all of 21 the following: 22 a. Be the first person to seek emergency assistance. 23 b. Provide the reporting person’s name and contact 24 information to medical or law enforcement personnel. 25 c. Remain on the scene until assistance arrives or is 26 provided. 27 d. Cooperate with medical and law enforcement personnel. 28 3. The person for whom emergency assistance was sought as 29 described in subsection 1 shall not be charged or prosecuted 30 for an offense listed in subsection 1. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill provides immunity from certain criminal offenses 35 -3- LSB 1737XC (2) 87 jh/nh 3/ 5

S.F. _____ and prohibits certain disciplinary sanctions for certain 1 persons who seek or require emergency assistance for alcohol or 2 drug-related overdoses or protection from certain crimes. 3 The bill creates new Code section 701.12, which provides 4 that a person shall not be charged or prosecuted for public 5 intoxication, possession of alcohol under the legal age, 6 possession or use of a controlled substance, possession of 7 drug paraphernalia, use of a driver’s license by an underage 8 person to obtain alcohol, or possession of an open container in 9 a motor vehicle, if the person in good faith sought emergency 10 assistance for the person or another person due to an alcohol 11 or drug-related overdose or because the person or other 12 person is a victim of a crime prohibited by Code chapter 708 13 (assault), 709 (sexual abuse), or 710A (human trafficking). 14 A person seeking emergency assistance is only eligible for 15 immunity if the person, or persons acting in concert, is 16 the first person to seek emergency assistance, provides the 17 reporting person’s name and contact information to medical 18 or law enforcement personnel, remains on the scene until 19 assistance arrives or is provided, and cooperates with medical 20 and law enforcement personnel. The bill also provides immunity 21 to the person for whom emergency assistance was sought. 22 Under Code section 232.52, a juvenile court may suspend 23 or revoke the driver’s license or operating privilege of a 24 person under the age of 18, for a period of one year, who 25 has violated Code section 123.46 or 123.47 or Code chapter 26 124. Because the bill provides immunity to persons from those 27 provisions, a person under the age of 18 who receives immunity 28 from prosecution under the bill will not face the loss of such 29 person’s driver’s license for one year. 30 The bill provides that if a person under the age of 18 is 31 discovered consuming or to be in possession of alcohol but 32 receives immunity from prosecution under Code section 701.12, 33 a peace officer shall notify a juvenile court officer of 34 such person’s consumption or possession. Under Code section 35 -4- LSB 1737XC (2) 87 jh/nh 4/ 5

S.F. _____ 123.47B(2), the juvenile court officer is required to notify 1 the person’s custodial parent, legal guardian, or custodian and 2 the superintendent of authority in charge of the school the 3 person attends of the consumption or possession. 4 The bill directs the board of regents to prohibit the regents 5 universities from imposing certain disciplinary sanctions 6 against a student for the possession or consumption of alcohol 7 or a controlled substance or possession of drug paraphernalia 8 if the student is immune from prosecution pursuant to new Code 9 section 701.12. The prohibited disciplinary sanctions are the 10 removal from a course, enrollment restrictions in a course 11 or program, suspension or expulsion from the university, or 12 eviction or exclusion from student housing. 13 The bill makes conforming changes. 14 -5- LSB 1737XC (2) 87 jh/nh 5/ 5