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