House File 2164 - Introduced HOUSE FILE 2164 BY FORD A BILL FOR An Act relating to the consumption of alcohol or intoxication 1 in public places and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5805HH (2) 83 rh/rj

H.F. 2164 Section 1. Section 123.47, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A person or persons under legal age shall not 3 purchase , or attempt to purchase, consume, or individually 4 or jointly have alcoholic liquor, wine, or beer in their 5 possession or control; except in the case of liquor, wine, or 6 beer given or dispensed to a person under legal age within a 7 private home and with the knowledge, presence, and consent of 8 the parent or guardian, for beverage or medicinal purposes or 9 as administered to the person by either a physician or dentist 10 for medicinal purposes and except to the extent that a person 11 under legal age may handle alcoholic beverages, wine, and beer 12 during the regular course of the person’s employment by a 13 liquor control licensee, or wine or beer permittee under this 14 chapter. 15 Sec. 2. Section 123.47, subsection 3, paragraph a, 16 unnumbered paragraph 1, Code 2009, is amended to read as 17 follows: 18 A person who is under legal age, other than a licensee or 19 permittee, who violates this section regarding the purchase 20 of , or attempt to purchase , or consumption of alcoholic liquor, 21 wine, or beer, or possessing or having control of alcoholic 22 liquor, wine, or beer, commits the following: 23 Sec. 3. Section 123.47B, Code 2009, is amended to read as 24 follows: 25 123.47B Parental and school notification —— persons under 26 eighteen years of age. 27 1. A peace officer shall make a reasonable effort to 28 identify a person under the age of eighteen discovered 29 consuming or to be in possession of alcoholic liquor, wine, 30 or beer in violation of section 123.47 and if the person is 31 not referred to juvenile court, the law enforcement agency of 32 which the peace officer is an employee shall make a reasonable 33 attempt to notify the person’s custodial parent or legal 34 guardian of such consumption or possession, whether or not the 35 -1- LSB 5805HH (2) 83 rh/rj 1/ 4

H.F. 2164 person is arrested or a citation is issued pursuant to section 1 805.16, unless the officer has reasonable grounds to believe 2 that such notification is not in the best interests of the 3 person or will endanger that person. 4 2. The peace officer shall also make a reasonable effort to 5 identify the elementary or secondary school which the person 6 attends if the person is enrolled in elementary or secondary 7 school and to notify the superintendent or the superintendent’s 8 designee of the school which the person attends, or the 9 authorities in charge of the nonpublic school which the person 10 attends, of the consumption or possession. If the person is 11 taken into custody, the peace officer shall notify a juvenile 12 court officer who shall make a reasonable effort to identify 13 the elementary or secondary school the person attends, if any, 14 and to notify the superintendent of the school district or the 15 superintendent’s designee, or the authorities in charge of the 16 nonpublic school, of the taking into custody. A reasonable 17 attempt to notify the person includes but is not limited to a 18 telephone call or notice by first-class mail. 19 Sec. 4. NEW SECTION . 123.47C Preliminary screening test. 20 When a peace officer has reasonable grounds to believe that 21 a violation of section 123.46 or 123.47 has occurred, the peace 22 officer may request that the person provide a sample of the 23 person’s breath for a preliminary screening test using a device 24 approved by the commissioner of public safety for that purpose. 25 The results of this preliminary screening test or a refusal 26 of such test may be used as evidence in a prosecution of a 27 violation of section 123.46 or 123.47. 28 Sec. 5. Section 232.52, subsection 2, paragraph a, 29 subparagraph (4), subparagraph division (a), subparagraph 30 subdivision (ii), Code Supplement 2009, is amended to read as 31 follows: 32 (ii) Section 123.47 regarding the purchase , or attempt to 33 purchase , or consumption of alcoholic beverages. 34 -2- LSB 5805HH (2) 83 rh/rj 2/ 4

H.F. 2164 EXPLANATION 1 This bill relates to the consumption of alcohol or 2 intoxication in public places, providing a penalty, and making 3 penalties applicable. 4 The bill amends Code section 123.47 to specify that a person 5 under legal age (under 21) in Iowa is prohibited from consuming 6 alcoholic liquor, wine, or beer, subject to certain exceptions 7 (if consumed in a private home with the knowledge, presence, 8 and consent of the underage person’s parent or guardian, for 9 beverage or medicinal purposes or as administered to the person 10 by either a physician or dentist for medicinal purposes, and to 11 the extent that a person under legal age may handle alcoholic 12 beverages, wine, and beer during the regular course of the 13 person’s employment by a liquor control licensee, or wine or 14 beer permittee under Code chapter 123). 15 An underage person age 18 or over found to be in violation 16 of Code section 123.47 commits a simple misdemeanor and is 17 subject to a scheduled violation fine, a criminal penalty fine, 18 community service, a substance abuse evaluation, and suspension 19 of the person’s motor vehicle operating privileges for up to 20 one year depending on the circumstances of the offense. A 21 person under the age of 18 is subject to the jurisdiction 22 of the juvenile court and may be subject to the suspension 23 or revocation of the person’s driver’s license or operating 24 privilege for one year. In addition, the bill requires a 25 peace officer to make a reasonable attempt to notify the such 26 person’s custodial parent or legal guardian and, if applicable, 27 school officials, about the underage person’s consumption of 28 alcoholic beverages. 29 The bill also provides that when a peace officer has 30 reasonable grounds to believe that a violation of Code section 31 123.46 (consumption of alcohol or intoxication in public) or 32 Code section 123.47 has occurred, the peace officer may request 33 that the person provide a sample of the person’s breath for 34 a preliminary screening test using a device approved by the 35 -3- LSB 5805HH (2) 83 rh/rj 3/ 4

H.F. 2164 commissioner of public safety for that purpose. The results 1 of this preliminary screening test or a refusal of such test 2 may be used as evidence in a prosecution of a violation of Code 3 section 123.46 or 123.47. 4 -4- LSB 5805HH (2) 83 rh/rj 4/ 4