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