Senate File 2030 - Introduced SENATE FILE 2030 BY SODDERS A BILL FOR An Act relating to the possession of alcohol by certain minors 1 and juvenile court jurisdiction, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5705SS (1) 85 rh/nh
S.F. 2030 Section 1. Section 123.47, subsection 3, paragraph c, Code 1 2014, is amended to read as follows: 2 c. If the person who commits a violation of this section 3 is under the age of eighteen, the matter shall be disposed 4 of in the manner provided in chapter 232 . However, if the 5 juvenile court waives its jurisdiction over the person pursuant 6 to section 232.45 so that the person may be prosecuted as an 7 adult, or if the person appears in adult court for a violation 8 of this section that occurred prior to having reached the age 9 of eighteen and no transfer of jurisdiction to the juvenile 10 court is ordered pursuant to section 803.5, then the penalty 11 for a violation of this section shall be as set forth in 12 paragraphs “a” and “b” . 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 possession of alcohol by certain 17 minors and juvenile court jurisdiction and makes penalties 18 applicable. 19 Current law provides that a person who is 18, 19, or 20 20 years of age, other than a licensee or permittee under the 21 alcoholic beverages laws, who purchases, attempts to purchase, 22 or possesses alcohol commits a simple misdemeanor punishable 23 by a scheduled fine of $200 for a first offense, a simple 24 misdemeanor punishable by a $500 fine and a substance abuse 25 evaluation or the suspension of the person’s motor vehicle 26 operating privileges for a period not to exceed one year for a 27 second offense, or a simple misdemeanor punishable by a $500 28 fine and the suspension of the person’s motor vehicle operating 29 privileges for a period not to exceed one year for a third or 30 subsequent offense. A person who is under the age of 18 who 31 commits a violation of this law is referred to juvenile court. 32 The bill provides that if the juvenile court waives its 33 jurisdiction over a person who is under the age of 18 pursuant 34 to Code section 232.45 so that the person may be prosecuted 35 -1- LSB 5705SS (1) 85 rh/nh 1/ 2
S.F. 2030 as an adult, or if the person appears in adult court for a 1 violation of this law that occurred before the person turned 2 18 and no transfer of jurisdiction to the juvenile court is 3 ordered pursuant to Code section 803.5, then the penalty for 4 such a violation is the same as for a person who is 18, 19, or 5 20 years of age who violates this law. 6 -2- LSB 5705SS (1) 85 rh/nh 2/ 2