Senate File 247 - Introduced
SENATE FILE
BY LUNDBY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to notifying the parent or legal guardian and the
2 school of enrollment if certain persons under legal age are in
3 possession of an alcoholic beverage.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2759SS 81
6 jm/pj/5
PAG LIN
1 1 Section 1. Section 123.47B, Code 2005, is amended to read
1 2 as follows:
1 3 123.47B PARENTAL AND SCHOOL NOTIFICATION == PERSONS UNDER
1 4 EIGHTEEN YEARS OF AGE.
1 5 1. A peace officer shall make a reasonable effort to
1 6 identify a person under the age of eighteen or any person
1 7 enrolled in a secondary school regardless of age discovered to
1 8 be in possession of alcoholic liquor, wine, or beer in
1 9 violation of section 123.47 and if the person is not referred
1 10 to juvenile court, the law enforcement agency of which the
1 11 peace officer is an employee shall make a reasonable attempt
1 12 to notify the person's custodial parent or legal guardian of
1 13 such possession, whether or not the person is arrested or a
1 14 citation is issued pursuant to section 805.16, unless the
1 15 officer has reasonable grounds to believe that such
1 16 notification is not in the best interests of the person or
1 17 will endanger that person.
1 18 2. The peace officer shall also make a reasonable effort
1 19 to identify the elementary or secondary school which the
1 20 person attends if the person is enrolled in elementary or
1 21 secondary school and to notify the superintendent or the
1 22 superintendent's designee of the school which the person
1 23 attends, or the authorities in charge of the nonpublic school
1 24 which the person attends, of the possession. If the person is
1 25 taken into custody and the person is under the age of
1 26 eighteen, the peace officer shall notify a juvenile court
1 27 officer who shall make a reasonable effort to identify the
1 28 elementary or secondary school the person attends, if any, and
1 29 to notify the superintendent of the school district or the
1 30 superintendent's designee, or the authorities in charge of the
1 31 nonpublic school, of the taking into custody. A reasonable
1 32 attempt to notify the person includes but is not limited to a
1 33 telephone call or notice by first=class mail.
1 34 EXPLANATION
1 35 This bill relates to notifying the parent or legal guardian
2 1 and the school of enrollment if certain persons under legal
2 2 age are in possession of an alcoholic beverage.
2 3 The bill provides that a peace officer shall make every
2 4 reasonable effort to notify the parent or legal guardian and
2 5 school regardless of the age of the person if the person is in
2 6 possession of alcohol under legal age. Current law provides
2 7 the peace officer shall attempt to notify the parent or legal
2 8 guardian and the school if the person is under the age of 18
2 9 and discovered to be in possession of alcohol.
2 10 LSB 2759SS 81
2 11 jm:rj/pj/5