SF 2146 (LSB 5618SS (1) 85)

SENATE FILE 2146

BY  BOWMAN and SCHOENJAHN

A BILL FOR

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

    Section 1.  Section 123.47, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Except for the purposes described in subsection 2, a person who is the owner or lessee of, or who otherwise has control over, property that is not a licensed premises, shall not permit any person, knowing or having reasonable cause to believe the person to be under legal age, to consume or possess on such property any alcoholic liquor, wine, or beer.
    Sec. 2.  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. 3.  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, or permitting under legal age consumption or possession on certain property commits the following:
    Sec. 4.  Section 123.47, subsection 3, paragraph a, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.  Notwithstanding section 903.1, the court, in lieu of ordering payment of a scheduled fine, may suspend the fine and order the person who is eighteen, nineteen, or twenty years of age to receive a substance abuse evaluation by a program licensed to provide services pursuant to section 125.13.
    Sec. 5.  Section 123.47, subsection 4, Code 2014, is amended to read as follows:
   4.  Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section, or permits under legal age consumption or possession on certain property, commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.
    Sec. 6.  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 consuming or to be 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. 7.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), subparagraph subdivision (ii), Code 2014, is amended to read as follows:
   (ii)  Section 123.47 regarding the purchase, or attempt to purchase, or consumption of alcoholic beverages.
    Sec. 8.  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 possession or consumption of alcohol and provides penalties.
   Under the bill, a person who is the owner or lessee of, or who otherwise has control over, property that is not a licensed premises, shall not permit an under legal age person to consume or possess an alcoholic beverage on such property.
   The bill amends Code section 123.47 to specify that a person under legal age (under 21) in Iowa is prohibited 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 as administered to the person by either a physician or dentist for medicinal purposes, and 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 Code chapter 123). The bill makes conforming changes.
   For a first offense, a person who is 18, 19, or 20 who permits under legal age consumption or possession in violation of the bill commits a simple misdemeanor punishable as a scheduled violation under Code section 805.8C, subsection 7; for a second offense a person commits a simple misdemeanor punishable by a fine of $500; and for a third or subsequent offense the person commits a simple misdemeanor punishable by a fine of $500 and suspension of the person’s motor vehicle operating privileges for up to one year.
   The court, for a first offense by a person who is 18, 19, or 20, may suspend the payment of a scheduled fine and order the person who is 18, 19, or 20 to receive a substance abuse evaluation by a program licensed to provide services pursuant to Code section 125.13.
   A person of legal age who permits under legal age consumption or possession in violation of the bill commits a serious misdemeanor punishable by a minimum fine of $500.