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