SSB 3160 (LSB 5222IC (5) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL)

A BILL FOR

An Act relating to the criminal offense of simulated public intoxication.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.46, subsection 2, Code 2009, is amended to read as follows:
   2.  A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.
    Sec. 2.  Section 123.46, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A person shall not simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.
EXPLANATION
   This bill relates to simulated public intoxication. The bill transfers the criminal offense of simulated public intoxication in a public place from Code section 123.46, subsection 2, to Code section 123.46, new subsection 2A. The bill does not modify the criminal penalty for simulated public intoxication. A person who commits simulated public intoxication in a public place commits a simple misdemeanor.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.