SSB 3151 (LSB 5805SC (4) 83)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN)

A BILL FOR

An Act relating to the consumption of alcohol or intoxication in public places and making penalties applicable. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.47, subsection 2, Code 2009, is amended to read as follows:
   2.  A person or persons under legal age shall not purchase, or attempt to purchase, consume, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.
    Sec. 2.  Section 123.47, subsection 3, paragraph a, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of, or attempt to purchase, or consumption of alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:
    Sec. 3.  Section 123.47B, Code 2009, is amended to read as follows:
   123.47B  Parental and school notification —— persons under eighteen years of age.
   1.  A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered consuming or to be in possession of alcoholic liquor, wine, or beer in violation of section 123.47 and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the person’s custodial parent or legal guardian of such consumption or possession, whether or not the person is arrested or a citation is issued pursuant to section 805.16, unless the officer has reasonable grounds to believe that such notification is not in the best interests of the person or will endanger that person.
   2.  The peace officer shall also make a reasonable effort to identify the elementary or secondary school which the person attends if the person is enrolled in elementary or secondary school and to notify the superintendent or the superintendent’s designee of the school which the person attends, or the authorities in charge of the nonpublic school which the person attends, of the consumption or possession. If the person is taken into custody, the peace officer shall notify a juvenile court officer who shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the taking into custody. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
    Sec. 4.  NEW SECTION.  123.47C  Preliminary screening test.

   When a peace officer has reasonable grounds to believe that a violation of section 123.46 or 123.47 has occurred, the peace officer may request that the person provide a sample of the person’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose. The results of this preliminary screening test or a refusal of such test may be used as evidence in a prosecution of a violation of section 123.46 or 123.47.
    Sec. 5.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), subparagraph subdivision (ii), Code Supplement 2009, is amended to read as follows:
   (ii)  Section 123.47 regarding the purchase, or attempt to purchase, or consumption of alcoholic beverages.
EXPLANATION
   This bill relates to the consumption of alcohol or intoxication in public places, providing a penalty, and making penalties applicable.
   The bill amends Code section 123.47 to specify that a person under legal age (under 21) in Iowa is prohibited from consuming alcoholic liquor, wine, or beer, subject to certain exceptions (if consumed in a private home with the knowledge, presence, and consent of the underage person’s parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes, and to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under Code chapter 123). 
   An underage person age 18 or over found to be in violation of Code section 123.47 commits a simple misdemeanor and is subject to a scheduled violation fine, a criminal penalty fine, community service, a substance abuse evaluation, and suspension of the person’s motor vehicle operating privileges for up to one year depending on the circumstances of the offense. A person under the age of 18 is subject to the jurisdiction of the juvenile court and may be subject to the suspension or revocation of the person’s driver’s license or operating privilege for one year. In addition, the bill requires a peace officer to make a reasonable attempt to notify the such person’s custodial parent or legal guardian and, if applicable, school officials, about the underage person’s consumption of alcoholic beverages.
   The bill also provides that when a peace officer has reasonable grounds to believe that a violation of Code section 123.46 (consumption of alcohol or intoxication in public) or Code section 123.47 has occurred, the peace officer may request that the person provide a sample of the person’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose. The results of this preliminary screening test or a refusal of such test may be used as evidence in a prosecution of a violation of Code section 123.46 or 123.47.