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