House File 2444 - Introduced
HOUSE FILE
BY ALONS, BAUDLER, STRUYK,
KURTENBACH, CARROLL, DE BOEF,
WATTS, BOAL, and CHAMBERS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to minors taken into custody or arrested for
2 public intoxication or possession of alcohol and parental
3 notification.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5277YH 81
6 rh/je/5
PAG LIN
1 1 Section 1. Section 123.46, subsection 4, paragraph a, Code
1 2 2005, is amended to read as follows:
1 3 a. A peace officer shall make a reasonable effort to
1 4 identify a person under the age of eighteen who violates this
1 5 section and, if the person is not referred to juvenile court,
1 6 the law enforcement agency of which the peace officer is an
1 7 employee shall make a reasonable attempt to notify the
1 8 person's custodial parent or legal guardian of the violation,
1 9 whether or not the person is taken into custody, unless the
1 10 officer has reasonable grounds to believe that notification is
1 11 not in the best interests of the person or will endanger that
1 12 person.
1 13 Sec. 2. Section 123.47B, subsection 1, Code 2005, is
1 14 amended to read as follows:
1 15 1. A peace officer shall make a reasonable effort to
1 16 identify a person under the age of eighteen discovered to be
1 17 in possession of alcoholic liquor, wine, or beer in violation
1 18 of section 123.47 and if the person is not referred to
1 19 juvenile court, the law enforcement agency of which the peace
1 20 officer is an employee shall make a reasonable attempt to
1 21 notify the person's custodial parent or legal guardian of such
1 22 possession, whether or not the person is arrested or a
1 23 citation is issued pursuant to section 805.16, unless the
1 24 officer has reasonable grounds to believe that such
1 25 notification is not in the best interests of the person or
1 26 will endanger that person.
1 27 EXPLANATION
1 28 This bill relates to minors taken into custody or arrested
1 29 for public intoxication or found to be in possession of
1 30 alcohol and parental notification.
1 31 Current law provides that a peace officer shall make a
1 32 reasonable effort to identify a minor charged with public
1 33 intoxication or found to be in possession of alcohol and if
1 34 the minor is not referred to juvenile court, the law
1 35 enforcement agency of which the peace officer is an employee
2 1 shall make a reasonable attempt to notify the person's
2 2 custodial parent or legal guardian of such intoxication or
2 3 possession unless the peace officer has reasonable grounds to
2 4 believe that such notification is not in the minor's best
2 5 interests or will endanger the minor.
2 6 The bill eliminates the law enforcement agency's discretion
2 7 in both cases to determine that parental notification is not
2 8 in the minor's best interests or will endanger the minor and
2 9 requires the law enforcement agency of which the peace officer
2 10 is an employee to notify the minor's custodial parent or legal
2 11 guardian in such cases whether or not the minor is referred to
2 12 juvenile court.
2 13 LSB 5277YH 81
2 14 rh:rj/je/5.2