House Study Bill 81

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON PUBLIC
                                            SAFETY BILL BY CHAIRPERSON
                                            BAUDLER)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to possession of an alcoholic beverage by a
  2    person under legal age.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1406YC 80
  5 jm/pj/5

PAG LIN

  1  1    Section 1.  Section 123.47, subsection 2, Code 2003, is
  1  2 amended by adding the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  If a peace officer as defined in
  1  4 section 801.4 has reasonable grounds to believe a person is in
  1  5 violation of this subsection, the peace officer may require
  1  6 the person to provide a sample of the person's breath using a
  1  7 device approved by the commissioner of public safety.
  1  8 Notwithstanding section 321J.5, the results of a test
  1  9 performed pursuant to this subsection or a refusal to take the
  1 10 test is admissible in any court proceeding upon proof of a
  1 11 proper foundation.  A positive test result from a device which
  1 12 is considered a preliminary screening device or a person's
  1 13 refusal to take a test requested under this paragraph may be
  1 14 used to infer that the person taking or refusing the test
  1 15 possessed or controlled an alcoholic beverage, beer, or wine
  1 16 in violation of this subsection.
  1 17                           EXPLANATION
  1 18    This bill relates to possession of an alcoholic beverage by
  1 19 a person under legal age.
  1 20    The bill provides that if a peace officer has reasonable
  1 21 grounds to believe a person under legal age has possessed an
  1 22 alcoholic beverage, the peace officer may administer a
  1 23 preliminary breath test (PBT) to determine if the person has
  1 24 possessed an alcoholic beverage.  The bill provides that the
  1 25 results of the test or a refusal to take the test is
  1 26 admissible in any court proceeding upon proof of a proper
  1 27 foundation.  A positive PBT or a refusal to take the test
  1 28 under the bill may be used to infer that a person possessed an
  1 29 alcoholic beverage in violation of Code section 124.47.
  1 30    Possession by a person under legal age is a simple
  1 31 misdemeanor, punishable by a fine of $100 for a first offense
  1 32 and suspension of the driver's license of the person and a
  1 33 $200 fine for a second or subsequent offense.  A simple
  1 34 misdemeanor is punishable by confinement for no more than 30
  1 35 days.
  2  1 LSB 1406YC 80
  2  2 jm/pj/5