House File 2678 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2444) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to citations issued to persons under the age of 2 eighteen for alcohol=related offenses and parental and school 3 notification. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5277HV 81 6 rh/je/5 PAG LIN 1 1 Section 1. Section 321.284, Code 2005, is amended to read 1 2 as follows: 1 3 321.284 OPEN CONTAINERS IN MOTOR VEHICLES == DRIVERS. 1 4 1. A driver of a motor vehicle upon a public street or 1 5 highway shall not possess in the passenger area of the motor 1 6 vehicle an open or unsealed bottle, can, jar, or other 1 7 receptacle containing an alcoholic beverage. "Passenger area" 1 8 means the area designed to seat the driver and passengers 1 9 while the motor vehicle is in operation and any area that is 1 10 readily accessible to the driver or a passenger while in their 1 11 seating positions, including the glove compartment. An open 1 12 or unsealed receptacle containing an alcoholic beverage may be 1 13 transported in the trunk of the motor vehicle. An unsealed 1 14 receptacle containing an alcoholic beverage may be transported 1 15 behind the last upright seat of the motor vehicle if the motor 1 16 vehicle does not have a trunk. A person convicted of a 1 17 violation of this section is guilty of a simple misdemeanor 1 18 punishable as a scheduled violation under section 805.8A, 1 19 subsection 14, paragraph "e". 1 20 2. a. A peace officer shall make a reasonable effort to 1 21 identify a person under the age of eighteen who violates this 1 22 section and, if the person is not referred to juvenile court, 1 23 the law enforcement agency of which the peace officer is an 1 24 employee shall make a reasonable attempt to notify the 1 25 person's custodial parent or legal guardian of the violation, 1 26 whether or not the person is taken into custody, unless the 1 27 officer has reasonable grounds to believe that notification is 1 28 not in the best interests of the person or will endanger that 1 29 person. 1 30 b. The peace officer shall also make a reasonable effort 1 31 to identify the elementary or secondary school which the 1 32 person attends if the person is enrolled in elementary or 1 33 secondary school and to notify the superintendent or the 1 34 superintendent's designee of the school which the person 1 35 attends, or the authorities in charge of the nonpublic school 2 1 which the person attends, of the violation. If the person is 2 2 taken into custody, the peace officer shall notify a juvenile 2 3 court officer who shall make a reasonable effort to identify 2 4 the elementary or secondary school the person attends, if any, 2 5 and to notify the superintendent of the school district or the 2 6 superintendent's designee, or the authorities in charge of the 2 7 nonpublic school, of the violation. A reasonable attempt to 2 8 notify the person includes but is not limited to a telephone 2 9 call or notice by first=class mail. 2 10 Sec. 2. Section 321.284A, Code 2005, is amended by adding 2 11 the following new subsection: 2 12 NEW SUBSECTION. 1A. a. A peace officer shall make a 2 13 reasonable effort to identify a person under the age of 2 14 eighteen who violates this section and, if the person is not 2 15 referred to juvenile court, the law enforcement agency of 2 16 which the peace officer is an employee shall make a reasonable 2 17 attempt to notify the person's custodial parent or legal 2 18 guardian of the violation, whether or not the person is taken 2 19 into custody, unless the officer has reasonable grounds to 2 20 believe that notification is not in the best interests of the 2 21 person or will endanger that person. 2 22 b. The peace officer shall also make a reasonable effort 2 23 to identify the elementary or secondary school which the 2 24 person attends if the person is enrolled in elementary or 2 25 secondary school and to notify the superintendent or the 2 26 superintendent's designee of the school which the person 2 27 attends, or the authorities in charge of the nonpublic school 2 28 which the person attends, of the violation. If the person is 2 29 taken into custody, the peace officer shall notify a juvenile 2 30 court officer who shall make a reasonable effort to identify 2 31 the elementary or secondary school the person attends, if any, 2 32 and to notify the superintendent of the school district or the 2 33 superintendent's designee, or the authorities in charge of the 2 34 nonpublic school, of the violation. A reasonable attempt to 2 35 notify the person includes but is not limited to a telephone 3 1 call or notice by first=class mail. 3 2 Sec. 3. Section 602.8102, Code Supplement 2005, is amended 3 3 by adding the following new subsection: 3 4 NEW SUBSECTION. 42A. Send a copy of the citation and 3 5 complaint issued to a person under the age of eighteen 3 6 pursuant to section 805.8C, subsection 7, and section 805.16 3 7 to the person's custodial parent or legal guardian and the 3 8 school superintendent or the superintendent's designee of the 3 9 school which the person attends, or the authorities in charge 3 10 of the nonpublic school which the person attends, or the 3 11 person's juvenile court officer. 3 12 EXPLANATION 3 13 This bill relates to citations issued to persons under the 3 14 age of 18 for alcohol=related offenses and parental 3 15 notification. 3 16 The bill provides that a peace officer shall make a 3 17 reasonable effort to identify a person under 18 who drives a 3 18 motor vehicle or is a passenger in a motor vehicle and who is 3 19 in possession of an open or unsealed container of alcohol. If 3 20 such person is not referred to juvenile court, the relevant 3 21 law enforcement agency shall make a reasonable attempt to 3 22 notify the person's custodial parent or legal guardian, 3 23 whether or not the person is taken into custody, unless the 3 24 officer has reasonable grounds to believe that notification is 3 25 not in the best interests of the person or will endanger that 3 26 person. 3 27 The bill provides that the peace officer shall make a 3 28 reasonable effort to identify the school which the person 3 29 attends and the superintendent of such school district or the 3 30 authorities in charge of a nonpublic school the person 3 31 attends. If the person is taken into custody, the peace 3 32 officer shall notify a juvenile court officer who shall make a 3 33 reasonable effort to notify all interested persons. 3 34 The bill also provides that the clerk of the district court 3 35 shall send a copy of the citation and complain issued to a 4 1 person under 18 pursuant to Code section 805.8C, subsection 7, 4 2 and Code section 805.16 to the person's custodial parent or 4 3 legal guardian and the school superintendent or designee, or 4 4 the relevant nonpublic school authorities, or the person's 4 5 juvenile court officer. 4 6 LSB 5277HV 81 4 7 rh:rj/je/5