H.F. 441 Section 1. Section 123.47, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. a. A person under twenty-one years of 3 age shall not be charged or prosecuted under this section if 4 the evidence for the charge was obtained as a result of the 5 person seeking medical assistance for another person due to 6 alcohol consumption. 7 b. A person under twenty-one years of age who is in need 8 of medical assistance due to alcohol consumption shall not be 9 charged or prosecuted under this section if the evidence for 10 the charge was obtained as a result of such person or another 11 person seeking medical assistance for such person. 12 c. This subsection shall not be grounds for suppression of 13 evidence in other criminal charges except for violations of 14 sections 321.216B, 321.284, and 321.284A. 15 Sec. 2. Section 123.47B, Code 2015, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 1A. If a person under the age of 18 eighteen is discovered consuming or to be in possession of 19 alcoholic liquor, wine, or beer, but the person is immune from 20 prosecution under section 123.47, subsection 9, a peace officer 21 shall make a reasonable effort to identify the person and 22 notify a juvenile court officer of such person’s consumption 23 or possession. 24 Sec. 3. Section 321.216B, Code 2015, is amended to read as 25 follows: 26 321.216B Use of driver’s license or nonoperator’s 27 identification card by underage person to obtain alcohol. 28 1. A person who is under the age of twenty-one, who alters 29 or displays or has in the person’s possession a fictitious 30 or fraudulently altered driver’s license or nonoperator’s 31 identification card and who uses the license to violate or 32 attempt to violate section 123.47 , commits a simple misdemeanor 33 punishable as a scheduled violation under section 805.8A, 34 subsection 4 . The court shall forward a copy of the conviction 35 -1- LSB 2023YH (4) 86 jh/rj 1/ 3

H.F. 441 to the department. 1 2. A person who is immune from prosecution under section 2 123.47, subsection 9, shall not be charged or prosecuted under 3 this section if the evidence for the charge was obtained during 4 the same event for which the person is immune under section 5 123.47, subsection 9. 6 Sec. 4. Section 321.284, Code 2015, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3. A person who is immune from prosecution 9 under section 123.47, subsection 9, shall not be charged or 10 prosecuted under this section if the evidence for the charge 11 was obtained during the same event for which the person is 12 immune under section 123.47, subsection 9. 13 Sec. 5. Section 321.284A, Code 2015, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 6. A person who is immune from prosecution 16 under section 123.47, subsection 9, shall not be charged or 17 prosecuted under this section if the evidence for the charge 18 was obtained during the same event for which the person is 19 immune under section 123.47, subsection 9. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill provides immunity from alcohol-related offenses 24 for persons under the legal age who seek medical assistance for 25 a person due to alcohol consumption and for persons under the 26 legal age who seek such assistance or for whom such assistance 27 is sought. 28 Under Code section 123.47, a person under the age of 21 29 shall not purchase, consume, or possess alcoholic liquor, wine, 30 or beer; shall not sell, give, or otherwise supply alcoholic 31 liquor, wine, or beer to a person under the legal age; and 32 shall not, if in control of property that is not a licensed 33 premises, permit a person under the age of 18 to consume or 34 possess any alcoholic liquor, wine, or beer on such property. 35 -2- LSB 2023YH (4) 86 jh/rj 2/ 3

H.F. 441 The bill provides immunity from Code section 123.47 for 1 underage persons who seek medical assistance for a person 2 due to alcohol consumption and to underage persons who seek 3 such assistance or for whom such assistance is sought, if the 4 evidence for the charge was obtained as a result of the seeking 5 of medical assistance. 6 Under Code section 232.52, a juvenile court may suspend or 7 revoke the driver’s license or operating privilege of a person 8 under the age of 18, for a period of one year, who has violated 9 Code section 123.47. Because the bill provides immunity to 10 persons from Code section 123.47, a person under the age of 18 11 who receives immunity from prosecution under the bill will not 12 face the loss of such person’s driver’s license for one year. 13 The bill provides that if a person is immune from prosecution 14 from Code section 123.47, the person is also immune from 15 prosecution under Code sections 321.216B (use of driver’s 16 license or nonoperator’s identification card by underage person 17 to obtain alcohol), 321.284 (open containers in motor vehicles 18 —— drivers), and 321.284A (open containers in motor vehicles 19 —— passengers). 20 The bill specifies that the immunity provided shall not 21 be grounds to suppress evidence in other criminal charges 22 except for violations of Code sections 321.216B, 321.284, and 23 321.284A. 24 The bill provides that if a person under the age of 18 is 25 discovered consuming or to be in possession of alcohol but 26 receives immunity from prosecution under Code section 123.47, 27 a peace officer shall notify a juvenile court officer of 28 such person’s consumption or possession. Under Code section 29 123.47B(2), the juvenile court officer is required to notify 30 the person’s custodial parent, legal guardian, or custodian and 31 the superintendent of authority in charge of the school the 32 person attends of the consumption or possession. 33 -3- LSB 2023YH (4) 86 jh/rj 3/ 3