House File 2005 - Introduced HOUSE FILE 2005 BY MURPHY A BILL FOR An Act relating to the underage consumption of alcohol and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5065YH (3) 85 rh/nh
H.F. 2005 Section 1. Section 123.47, subsection 2, Code 2014, is 1 amended to read as follows: 2 2. A person or persons under legal age shall not purchase or 3 attempt to purchase, consume, or individually or jointly have 4 alcoholic liquor, wine, or beer in their possession or control; 5 except in the case of liquor, wine, or beer given or dispensed 6 to a person under legal age within a private home and with the 7 knowledge, presence, and consent of the parent or guardian, for 8 beverage or medicinal purposes or as administered to the person 9 by either a physician or dentist for medicinal purposes and 10 except to the extent that a person under legal age may handle 11 alcoholic beverages, wine, and beer during the regular course 12 of the person’s employment by a liquor control licensee, or 13 wine or beer permittee under this chapter . 14 Sec. 2. Section 123.47, subsection 3, paragraph a, 15 unnumbered paragraph 1, Code 2014, is amended to read as 16 follows: 17 A person who is eighteen, nineteen, or twenty years of 18 age, other than a licensee or permittee, who violates this 19 section regarding the purchase of , or attempt to purchase , or 20 consumption of alcoholic liquor, wine, or beer, or possessing 21 or having control of alcoholic liquor, wine, or beer, commits 22 the following: 23 Sec. 3. Section 123.47B, Code 2014, 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 to be 29 consuming or in possession of alcoholic liquor, wine, or beer 30 in violation of section 123.47 and refer the person to juvenile 31 court. 32 2. The juvenile court officer shall notify the person’s 33 custodial parent, legal guardian, or custodian of the 34 violation. In addition, the juvenile court shall also make 35 -1- LSB 5065YH (3) 85 rh/nh 1/ 3
H.F. 2005 a reasonable effort to identify the elementary or secondary 1 school which the person attends if the person is enrolled in 2 elementary or secondary school and to notify the superintendent 3 or the superintendent’s designee of the school which the person 4 attends, or the authorities in charge of the nonpublic school 5 which the person attends, of the consumption or possession. A 6 reasonable attempt to notify the person includes but is not 7 limited to a telephone call or notice by first-class mail. 8 Sec. 4. Section 232.52, subsection 2, paragraph a, 9 subparagraph (4), subparagraph division (a), subparagraph 10 subdivision (vi), Code 2014, is amended to read as follows: 11 (vi) Two or more violations of section 123.47 regarding the 12 consumption or possession of alcoholic beverages. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the underage consumption of alcohol and 17 makes penalties applicable. 18 The bill amends Code section 123.47 to prohibit a person 19 under legal age (under 21) in Iowa from consuming alcoholic 20 liquor, wine, or beer, subject to certain exceptions (if 21 consumed in a private home with the knowledge, presence, and 22 consent of the underage person’s parent or guardian, for 23 beverage or medicinal purposes or if administered to the person 24 by either a physician or dentist for medicinal purposes, and 25 to the extent that an underage person may handle alcoholic 26 beverages, wine, and beer during the regular course of the 27 person’s employment by a liquor control licensee, or wine or 28 beer permittee under Code chapter 123). 29 An underage person in violation of the bill who is age 18, 30 19, or 20 commits a simple misdemeanor and is subject to a 31 scheduled fine of $200 (Code section 805.8C(7)), a criminal 32 penalty fine, community service, a substance abuse evaluation, 33 and suspension of the person’s motor vehicle operating 34 privileges for up to one year depending on whether the offense 35 -2- LSB 5065YH (3) 85 rh/nh 2/ 3
H.F. 2005 is a first, second, or third or subsequent offense. 1 An underage person in violation of the bill who is under 2 the age of 18 is subject to the jurisdiction of the juvenile 3 court and may be subject to the suspension or revocation of the 4 person’s driver’s license or operating privilege for one year 5 if the person has had two or more violations of Code section 6 123.47 regarding the consumption of alcoholic beverages. 7 In addition, the bill requires a peace officer to make a 8 reasonable attempt to notify such person’s custodial parent or 9 legal guardian and, if applicable, school officials, about the 10 person’s consumption of alcoholic beverages. 11 -3- LSB 5065YH (3) 85 rh/nh 3/ 3