HSB 152 (LSB 2003YC (1) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to the possession of alcohol by certain minors, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.47, subsection 4, paragraph c, Code 2015, is amended to read as follows:
   c.  If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.  However, if the juvenile court waives its jurisdiction over the person pursuant to section 232.45 so that the person may be prosecuted as an adult, or if the person appears in adult court for a violation of this section that occurred prior to having reached the age of eighteen and no transfer of jurisdiction to the juvenile court is ordered pursuant to section 803.5, then the penalty for a violation of this section shall be as set forth in paragraphs “a” and “b”.
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 possession of alcohol by certain minors and makes penalties applicable.
   Current law provides that a person who is 18, 19, or 20 years of age, other than a licensee or permittee under the alcoholic beverages laws, who purchases, attempts to purchase, or possesses alcohol commits a simple misdemeanor punishable by a scheduled fine of $200 for a first offense, a simple misdemeanor punishable by a $500 fine and a substance abuse evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year for a second offense, or a simple misdemeanor punishable by a $500 fine and the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year for a third or subsequent offense. A person who is under the age of 18 who commits a violation of this law is referred to juvenile court.
   The bill provides that if the juvenile court waives its jurisdiction over a person who is under the age of 18 pursuant to Code section 232.45 so that the person may be prosecuted as an adult, or if the person appears in adult court for a violation of this law that occurred before the person turned 18 and no transfer of jurisdiction to the juvenile court is ordered pursuant to Code section 803.5, then the penalty for such a violation is the same as for a person who is 18, 19, or 20 years of age who violates this law.