House Amendment 1409
PAG LIN
1 1 Amend House File 788 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 <Section 1. Section 123.46, subsection 4, Code
1 5 2009, is amended to read as follows:
1 6 4. a. A peace officer shall make a reasonable
1 7 effort to identify a person under the age of eighteen
1 8 who violates this section and, if the person is not
1 9 referred to juvenile court, the law enforcement agency
1 10 of which the peace officer is an employee shall make a
1 11 reasonable attempt to notify the person's custodial
1 12 parent or legal guardian of the violation, whether or
1 13 not the person is taken into custody, unless the
1 14 officer has reasonable grounds to believe that
1 15 notification is not in the best interests of the
1 16 person or will endanger that person refer the person
1 17 to juvenile court.
1 18 b. The peace officer shall also make a reasonable
1 19 effort to identify the elementary or secondary school
1 20 which the person attends if the person is enrolled in
1 21 elementary or secondary school and to notify the
1 22 superintendent or the superintendent's designee of the
1 23 school which the person attends, or the authorities in
1 24 charge of the nonpublic school which the person
1 25 attends, of the violation. If the person is taken
1 26 into custody, the peace officer shall notify a
1 27 juvenile court officer who A juvenile court officer
1 28 shall notify the person's custodial parent, legal
1 29 guardian, or custodian of the violation. In addition,
1 30 the juvenile court officer shall make a reasonable
1 31 effort to identify the elementary or secondary school
1 32 the person attends, if any, and to notify the
1 33 superintendent of the school district or the
1 34 superintendent's designee, or the authorities in
1 35 charge of the nonpublic school, of the violation. A
1 36 reasonable attempt to notify the person includes, but
1 37 is not limited to, a telephone call or notice by
1 38 first=class mail.
1 39 Sec. 2. Section 123.47, Code 2009, is amended to
1 40 read as follows:
1 41 123.47 PERSONS UNDER LEGAL AGE == PENALTY EIGHTEEN
1 42 YEARS OF AGE, PERSONS EIGHTEEN, NINETEEN, OR TWENTY
1 43 YEARS OF AGE, AND PERSONS TWENTY=ONE YEARS OF AGE AND
1 44 OLDER.
1 45 1. A person shall not sell, give, or otherwise
1 46 supply alcoholic liquor, wine, or beer to any person
1 47 knowing or having reasonable cause to believe that
1 48 person to be under legal age.
1 49 2. A person or persons under legal age shall not
1 50 purchase or attempt to purchase, or individually or
2 1 jointly have alcoholic liquor, wine, or beer in their
2 2 possession or control; except in the case of liquor,
2 3 wine, or beer given or dispensed to a person under
2 4 legal age within a private home and with the
2 5 knowledge, presence, and consent of the parent or
2 6 guardian, for beverage or medicinal purposes or as
2 7 administered to the person by either a physician or
2 8 dentist for medicinal purposes and except to the
2 9 extent that a person under legal age may handle
2 10 alcoholic beverages, wine, and beer during the regular
2 11 course of the person's employment by a liquor control
2 12 licensee, or wine or beer permittee under this
2 13 chapter.
2 14 3. a. A person who is under legal age eighteen,
2 15 nineteen, or twenty years of age, other than a
2 16 licensee or permittee, who violates this section
2 17 regarding the purchase of or attempt to purchase
2 18 alcoholic liquor, wine, or beer, or possessing or
2 19 having control of alcoholic liquor, wine, or beer,
2 20 commits the following:
2 21 (1) A simple misdemeanor punishable as a scheduled
2 22 violation under section 805.8C, subsection 7.
2 23 (2) A second offense shall be a simple misdemeanor
2 24 punishable by a fine of five hundred dollars. In
2 25 addition to any other applicable penalty, the person
2 26 in violation of this section shall choose between
2 27 either completing a substance abuse evaluation or the
2 28 suspension of the person's motor vehicle operating
2 29 privileges for a period not to exceed one year.
2 30 (3) A third or subsequent offense shall be a
2 31 simple misdemeanor punishable by a fine of five
2 32 hundred dollars and the suspension of the person's
2 33 motor vehicle operating privileges for a period not to
2 34 exceed one year.
2 35 b. The court may, in its discretion, order the
2 36 person who is under legal age to perform community
2 37 service work under section 909.3A, of an equivalent
2 38 value to the fine imposed under this section.
2 39 c. If the person who commits a violation of this
2 40 section is under the age of eighteen, the matter shall
2 41 be disposed of in the manner provided in chapter 232.
2 42 4. Except as otherwise provided in subsections 5
2 43 and 6, a person who is of legal age, other than a
2 44 licensee or permittee, who sells, gives, or otherwise
2 45 supplies alcoholic liquor, wine, or beer to a person
2 46 who is under legal age in violation of this section
2 47 commits a serious misdemeanor punishable by a minimum
2 48 fine of five hundred dollars.
2 49 5. A person who is of legal age, other than a
2 50 licensee or permittee, who sells, gives, or otherwise
3 1 supplies alcoholic liquor, wine, or beer to a person
3 2 who is under legal age in violation of this section
3 3 which results in serious injury to any person commits
3 4 an aggravated misdemeanor.
3 5 6. A person who is of legal age, other than a
3 6 licensee or permittee, who sells, gives, or otherwise
3 7 supplies alcoholic liquor, wine, or beer to a person
3 8 who is under legal age in violation of this section
3 9 which results in the death of any person commits a
3 10 class "D" felony.
3 11 Sec. 3. Section 123.47B, Code 2009, is amended to
3 12 read as follows:
3 13 123.47B PARENTAL AND SCHOOL NOTIFICATION ==
3 14 PERSONS UNDER EIGHTEEN YEARS OF AGE.
3 15 1. A peace officer shall make a reasonable effort
3 16 to identify a person under the age of eighteen
3 17 discovered to be in possession of alcoholic liquor,
3 18 wine, or beer in violation of section 123.47 and if
3 19 the person is not referred to juvenile court, the law
3 20 enforcement agency of which the peace officer is an
3 21 employee shall make a reasonable attempt to notify the
3 22 person's custodial parent or legal guardian of such
3 23 possession, whether or not the person is arrested or a
3 24 citation is issued pursuant to section 805.16, unless
3 25 the officer has reasonable grounds to believe that
3 26 such notification is not in the best interests of the
3 27 person or will endanger that person refer the person
3 28 to juvenile court.
3 29 2. The peace officer juvenile court officer shall
3 30 notify the person's custodial parent, legal guardian,
3 31 or custodian of the violation. In addition, the
3 32 juvenile court shall also make a reasonable effort to
3 33 identify the elementary or secondary school which the
3 34 person attends if the person is enrolled in elementary
3 35 or secondary school and to notify the superintendent
3 36 or the superintendent's designee of the school which
3 37 the person attends, or the authorities in charge of
3 38 the nonpublic school which the person attends, of the
3 39 possession. If the person is taken into custody, the
3 40 peace officer shall notify a juvenile court officer
3 41 who shall make a reasonable effort to identify the
3 42 elementary or secondary school the person attends, if
3 43 any, and to notify the superintendent of the school
3 44 district or the superintendent's designee, or the
3 45 authorities in charge of the nonpublic school, of the
3 46 taking into custody. A reasonable attempt to notify
3 47 the person includes but is not limited to a telephone
3 48 call or notice by first=class mail.>
3 49 #2. Page 1, by inserting after line 7 the
3 50 following:
4 1 <Sec. . Section 321.284, Code 2009, is amended
4 2 to read as follows:
4 3 321.284 OPEN CONTAINERS IN MOTOR VEHICLES ==
4 4 DRIVERS.
4 5 1. A driver of a motor vehicle upon a public
4 6 street or highway shall not possess in the passenger
4 7 area of the motor vehicle an open or unsealed bottle,
4 8 can, jar, or other receptacle containing an alcoholic
4 9 beverage. "Passenger area" means the area designed to
4 10 seat the driver and passengers while the motor vehicle
4 11 is in operation and any area that is readily
4 12 accessible to the driver or a passenger while in their
4 13 seating positions, including the glove compartment.
4 14 An open or unsealed receptacle containing an alcoholic
4 15 beverage may be transported in the trunk of the motor
4 16 vehicle. An unsealed receptacle containing an
4 17 alcoholic beverage may be transported behind the last
4 18 upright seat of the motor vehicle if the motor vehicle
4 19 does not have a trunk. A person convicted of a
4 20 violation of this section is guilty of a simple
4 21 misdemeanor punishable as a scheduled violation under
4 22 section 805.8A, subsection 14, paragraph "e".
4 23 2. A person under the age of twenty=one who
4 24 violates this section is guilty of a violation of
4 25 section 123.47.
4 26 Sec. . Section 321.284A, Code 2009, is amended
4 27 by adding the following new subsection:
4 28 NEW SUBSECTION. 3A. A person under the age of
4 29 twenty=one years who violates this section is guilty
4 30 of a violation of section 123.47.
4 31 Sec. . Section 805.8C, subsection 7, Code 2009,
4 32 is amended to read as follows:
4 33 7. ALCOHOLIC BEVERAGE VIOLATIONS BY PERSONS UNDER
4 34 LEGAL EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE. For
4 35 first offense violations of section 123.47, subsection
4 36 3, the scheduled fine is two hundred dollars.>
4 37 #3. Title page, line 1, by inserting before the
4 38 word <prohibiting> the following: <concerning alcohol
4 39 beverage control, relating to minors and public
4 40 intoxication or possession of alcohol and>.
4 41 #4. By renumbering as necessary.
4 42
4 43
4 44
4 45 ALONS of Sioux
4 46
4 47
4 48
4 49 R. OLSON of Polk
4 50
5 1
5 2
5 3 LENSING of Johnson
5 4 HF 788.201 83
5 5 ec/sc/23344
-1-