HF 2005 (LSB 5065YH (3) 85)

HOUSE FILE 2005

BY  MURPHY

A BILL FOR

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

    Section 1.  Section 123.47, subsection 2, Code 2014, 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 2014, is amended to read as follows:

   A person who is eighteen, nineteen, or twenty years of 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 2014, 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 to be consuming or in possession of alcoholic liquor, wine, or beer in violation of section 123.47 and refer the person to juvenile court.
   2.  The juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court 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. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
    Sec. 4.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), subparagraph subdivision (vi), Code 2014, is amended to read as follows:
   (vi)  Two or more violations of section 123.47 regarding the consumption or possession of alcoholic beverages.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the underage consumption of alcohol and makes penalties applicable.
   The bill amends Code section 123.47 to prohibit a person under legal age (under 21) in Iowa 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 if administered to the person by either a physician or dentist for medicinal purposes, and to the extent that an underage person 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 in violation of the bill who is age 18, 19, or 20 commits a simple misdemeanor and is subject to a scheduled fine of $200 (Code section 805.8C(7)), 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 whether the offense is a first, second, or third or subsequent offense.
   An underage person in violation of the bill who is 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 if the person has had two or more violations of Code section 123.47 regarding the consumption of alcoholic beverages. In addition, the bill requires a peace officer to make a reasonable attempt to notify such person’s custodial parent or legal guardian and, if applicable, school officials, about the person’s consumption of alcoholic beverages.