HF 405 (LSB 2128YH (2) 85)

HOUSE FILE 405

BY  R. OLSON

A BILL FOR

An Act relating to the entry of a deferred judgment for certain alcohol violations by persons under legal age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.3, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  The offense is a violation of section 123.46 or 123.47 involving a person under legal age and the person has not paid all fees, fines, and civil penalties related to the violation. 
    Sec. 2.  Section 907.14, subsection 1, Code 2013, is amended to read as follows:
   1.  Upon
 
Except as provided in section 907.3, subsection 1, paragraph “n”, upon the entry of a deferred judgment pursuant to section 907.3, a defendant shall be assessed a civil penalty of an amount not less than the amount of any criminal fine authorized by law for the offense under section 902.9 or section 903.1.
EXPLANATION
   This bill relates to the entry of a deferred judgment for certain alcohol violations by persons under legal age.
   The bill provides that a deferred judgment is not available for a person under legal age who commits a violation of Code section 123.46 (public intoxication) or Code section 123.47 (minor in possession of alcohol) until the person has paid all fees, fines, and civil penalties. The bill makes a conforming change to current law which provides that upon the entry of a deferred judgment pursuant to Code section 907.3, a defendant shall be assessed a civil penalty.
   Under Code section 123.3, “legal age” means 21 years of age or older.