H.F. 405 Section 1. Section 907.3, subsection 1, Code 2013, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . n. The offense is a violation of section 3 123.46 or 123.47 involving a person under legal age and the 4 person has not paid all fees, fines, and civil penalties 5 related to the violation. 6 Sec. 2. Section 907.14, subsection 1, Code 2013, is amended 7 to read as follows: 8 1. Upon Except as provided in section 907.3, subsection 1, 9 paragraph “n” , upon the entry of a deferred judgment pursuant to 10 section 907.3 , a defendant shall be assessed a civil penalty 11 of an amount not less than the amount of any criminal fine 12 authorized by law for the offense under section 902.9 or 13 section 903.1 . 14 EXPLANATION 15 This bill relates to the entry of a deferred judgment for 16 certain alcohol violations by persons under legal age. 17 The bill provides that a deferred judgment is not available 18 for a person under legal age who commits a violation of Code 19 section 123.46 (public intoxication) or Code section 123.47 20 (minor in possession of alcohol) until the person has paid all 21 fees, fines, and civil penalties. The bill makes a conforming 22 change to current law which provides that upon the entry of a 23 deferred judgment pursuant to Code section 907.3, a defendant 24 shall be assessed a civil penalty. 25 Under Code section 123.3, “legal age” means 21 years of age 26 or older. 27 -1- LSB 2128YH (2) 85 rh/nh 1/ 1