House Study Bill 73



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL BRANCH
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the purchase, possession, or consumption of
  2    alcohol by a person under legal age, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1238DP 81
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 123.47, subsection 3, Code 2005, is
  1  2 amended to read as follows:
  1  3    3.  A person who is under legal age, other than a licensee
  1  4 or permittee, who violates this section regarding the purchase
  1  5 of or attempt to purchase alcoholic liquor, wine, or beer, or
  1  6 possessing or having control of alcoholic liquor, wine, or
  1  7 beer, commits a simple misdemeanor punishable by a fine of one
  1  8 hundred dollars for the first offense.  A second or subsequent
  1  9 offense shall be a simple misdemeanor punishable by a fine of
  1 10 two hundred dollars and the suspension of as a scheduled fine
  1 11 under section 805.8C, subsection 7.  In addition to any other
  1 12 penalty, if the violation is a second or subsequent offense,
  1 13 the person's motor vehicle operating privileges shall be
  1 14 suspended for a period not to exceed one year.  The court may,
  1 15 in its discretion, order the person who is under legal age to
  1 16 perform community service work under section 909.3A, of an
  1 17 equivalent value to the fine imposed under this section.
  1 18 However, if If the person who commits the a violation of this
  1 19 section is under the age of eighteen, the matter shall be
  1 20 disposed of in the manner provided in chapter 232.
  1 21    Sec. 2.  Section 805.8C, Code 2005, is amended by adding
  1 22 the following new subsection:
  1 23    NEW SUBSECTION.  7.  ALCOHOL BEVERAGE VIOLATIONS BY PERSONS
  1 24 UNDER LEGAL AGE.  For violations of section 123.47, subsection
  1 25 3, the scheduled fine is as follows:
  1 26    a.  If the violation is a first offense, the scheduled fine
  1 27 is one hundred dollars.
  1 28    b.  If the violation is a second or subsequent offense, the
  1 29 scheduled fine is two hundred dollars.
  1 30                           EXPLANATION
  1 31    This bill relates to the purchase, possession, or
  1 32 consumption of alcohol by a person under 21 years of age.
  1 33    The bill changes the criminal violation under the bill from
  1 34 a simple misdemeanor to a simple misdemeanor punishable as a
  1 35 scheduled violation.  However, the bill does not change the
  2  1 fine amounts associated with a first or subsequent offense for
  2  2 the purchase, possession, or consumption of alcohol by a
  2  3 person under legal age.  A second or subsequent offense
  2  4 continues to carry with it a mandatory suspension of the
  2  5 violator's driver's license for up to one year.
  2  6    A scheduled violation is generally a simple misdemeanor
  2  7 punishable by only a fine pursuant to Code section 805.11.  A
  2  8 person charged with a scheduled violation may enter a plea of
  2  9 guilty without a formal court appearance.  Persons under the
  2 10 age of 18 who violate the bill's prohibitions remain subject
  2 11 to juvenile court.
  2 12    A simple misdemeanor is punishable by confinement for no
  2 13 more than 30 days or a fine of at least $50 but not more than
  2 14 $500 or by both.
  2 15 LSB 1238DP 81
  2 16 jm/gg/14