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
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85
rh/nh
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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
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5065YH
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rh/nh
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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
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5065YH
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85
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3