Senate
Study
Bill
1111
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
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
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S.F.
_____
Section
1.
Section
123.47,
subsection
3,
paragraph
c,
Code
1
2013,
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
This
bill
relates
to
the
possession
of
alcohol
by
certain
15
minors
and
juvenile
court
jurisdiction
and
makes
penalties
16
applicable.
17
Current
law
provides
that
a
person
who
is
18,
19,
or
20
18
years
of
age,
other
than
a
licensee
or
permittee
under
the
19
alcoholic
beverages
laws,
who
purchases,
attempts
to
purchase,
20
or
possesses
alcohol
commits
a
simple
misdemeanor
punishable
21
by
a
scheduled
fine
of
$200
for
a
first
offense,
a
simple
22
misdemeanor
punishable
by
a
$500
fine
and
a
substance
abuse
23
evaluation
or
the
suspension
of
the
person’s
motor
vehicle
24
operating
privileges
for
a
period
not
to
exceed
one
year
for
a
25
second
offense,
or
a
simple
misdemeanor
punishable
by
a
$500
26
fine
and
the
suspension
of
the
person’s
motor
vehicle
operating
27
privileges
for
a
period
not
to
exceed
one
year
for
a
third
or
28
subsequent
offense.
A
person
who
is
under
the
age
of
18
who
29
commits
a
violation
of
this
law
is
referred
to
juvenile
court.
30
The
bill
provides
that
if
the
juvenile
court
waives
its
31
jurisdiction
over
a
person
who
is
under
the
age
of
18
pursuant
32
to
Code
section
232.45
so
that
the
person
may
be
prosecuted
33
as
an
adult,
or
if
the
person
appears
in
adult
court
for
a
34
violation
of
this
law
that
occurred
before
the
person
turned
35
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_____
18
and
no
transfer
of
jurisdiction
to
the
juvenile
court
is
1
ordered
pursuant
to
Code
section
803.5,
then
the
penalty
for
2
such
a
violation
is
the
same
as
for
a
person
who
is
18,
19,
or
3
20
years
of
age
who
violates
this
law.
4
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