Senate File 241 - Introduced



                                       SENATE FILE       
                                       BY  BOLKCOM


    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 21 years of age and increasing
  3    fines.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2568XS 81
  6 jm/sh/8

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 as a scheduled violation under section 805.8C,
  1  9 subsection 2A, for the first offense.  A second or subsequent
  1 10 offense shall be a simple misdemeanor punishable by a fine of
  1 11 two three hundred fifty dollars and the suspension of the
  1 12 person's motor vehicle operating privileges for a period not
  1 13 to exceed one year.  The court may, in its discretion, order
  1 14 the person who is under legal age to perform community service
  1 15 work under section 909.3A, of an equivalent value to the fine
  1 16 imposed under for a violation of this section.  However, if
  1 17 the person who commits the violation of this section is under
  1 18 the age of eighteen, the matter shall be disposed of in the
  1 19 manner provided in chapter 232.
  1 20    Sec. 2.  Section 805.8C, Code 2005, is amended by adding
  1 21 the following new subsection:
  1 22    NEW SUBSECTION.  2A.  ALCOHOLIC BEVERAGE VIOLATIONS BY
  1 23 PERSONS UNDER LEGAL AGE.  For violations of section 123.47,
  1 24 subsection 3, the scheduled fine is two hundred fifty dollars
  1 25 for the first offense.
  1 26                           EXPLANATION
  1 27    This bill relates to the purchase, possession, or
  1 28 consumption of alcohol by a person under 21 years of age.
  1 29    The bill changes the first offense violation for
  1 30 purchasing, possessing, or consuming alcohol under legal age
  1 31 from a simple misdemeanor to a simple misdemeanor punishable
  1 32 as a scheduled violation, and changes the fine amount from
  1 33 $100 to $250.
  1 34    Under the bill, a second or subsequent violation remains a
  1 35 simple misdemeanor, but the bill changes the fine amount from
  2  1 $200 to $350.  A second or subsequent violation continues to
  2  2 carry with it a mandatory suspension of the violator's
  2  3 driver's license for up to one year.
  2  4    A scheduled violation is a simple misdemeanor punishable
  2  5 only by a fine pursuant to Code section 805.11.  A person
  2  6 charged with a scheduled violation may enter a plea of guilty
  2  7 without a formal court appearance.  Persons under the age of
  2  8 18 who violate the bill's prohibitions remain subject to
  2  9 juvenile court.
  2 10    A simple misdemeanor is punishable by confinement for no
  2 11 more than 30 days or a fine of at least $50 but not more than
  2 12 $500 or by both.
  2 13 LSB 2568XS 81
  2 14 jm:nh/sh/8.1