H.F. 2023 Section 1. Section 123.46, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. A person shall not use or consume alcoholic liquor, wine, 3 or beer upon the public streets or highways. A person shall 4 not use or consume alcoholic liquor in any public place except 5 premises covered by a liquor control license. A person shall 6 not possess or consume alcoholic liquors, wine, or beer on 7 public school property or while attending a public or private 8 school-related function. A person shall not be intoxicated in 9 a public place. A person violating this subsection is guilty 10 of a simple misdemeanor. 11 Sec. 2. Section 123.46, subsections 3 and 4, Code 2016, are 12 amended by striking the subsections. 13 Sec. 3. Section 125.34, subsection 1, Code 2016, is amended 14 to read as follows: 15 1. A person with a substance-related disorder due to 16 intoxication or substance-induced incapacitation may come 17 voluntarily to a facility for emergency treatment. A person 18 who appears to be intoxicated or incapacitated by a substance 19 in a public place and in need of help may be taken to a facility 20 by a peace officer under section 125.91 . If the person refuses 21 the proffered help, the person may be arrested and charged with 22 intoxication under section 123.46 , if applicable. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill repeals the criminal offenses of intoxication and 27 simulated intoxication in public under Code section 123.46. 28 The bill does not affect the remaining criminal offenses 29 relating to the public consumption of alcohol in Code section 30 123.46. 31 The criminal offenses repealed by the bill are simple 32 misdemeanors. 33 -1- LSB 5170HH (6) 86 jm/rj 1/ 1