House File 2253
HOUSE FILE
BY STRUYK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to penalties applicable for alcohol=related
2 offenses regarding under=legal=age individuals.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6083YH 80
5 rn/sh/8
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, commits a simple an aggravated misdemeanor punishable by
1 26 a fine of one hundred dollars for the first offense. A second
1 27 or subsequent offense shall be a simple misdemeanor punishable
1 28 by a fine of two hundred dollars and the suspension of the
1 29 person's motor vehicle operating privileges for a period not
1 30 to exceed one year. The court may, in its discretion, order
1 31 the person who is under legal age to perform community service
1 32 work under section 909.3A, of an equivalent value to the fine
1 33 imposed 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 is of legal age eighteen 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 is of legal age eighteen 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 is of legal age eighteen 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
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