Senate File 415 - Introduced SENATE FILE 415 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1088) A BILL FOR An Act providing immunity from certain criminal offenses and 1 prohibiting certain disciplinary sanctions for persons who 2 report, seek, or require emergency assistance for alcohol 3 overdoses or protection from certain crimes, and modifying 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1737SV (2) 87 jh/nh

S.F. 415 Section 1. Section 123.46, Code 2017, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 7. A person shall not be charged or 3 prosecuted for a violation of this section if the person is 4 immune from charge or prosecution pursuant to section 701.12. 5 Sec. 2. Section 123.47, Code 2017, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 9. A person shall not be charged or 8 prosecuted for a violation of subsection 3 or 4 if the person 9 is immune from charge or prosecution pursuant to section 10 701.12. 11 Sec. 3. Section 123.47B, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. If a person under the age of 14 eighteen is discovered consuming or to be in possession of 15 alcoholic liquor, wine, or beer, but the person is immune from 16 prosecution under section 701.12, a peace officer shall make a 17 reasonable effort to identify the person and notify a juvenile 18 court officer of such person’s consumption or possession. 19 Sec. 4. Section 262.9, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 39. Prohibit an institution of higher 22 education under its control from imposing any of the following 23 disciplinary sanctions against a student for possession or 24 consumption of alcohol if the student is immune from charge or 25 prosecution pursuant to section 701.12: 26 a. Removal from a course. 27 b. Enrollment restrictions in a course or program. 28 c. Suspension or expulsion from the university. 29 d. Eviction or exclusion from student housing. 30 Sec. 5. Section 321.216B, Code 2017, is amended to read as 31 follows: 32 321.216B Use of driver’s license or nonoperator’s 33 identification card by underage person to obtain alcohol. 34 1. A person who is under the age of twenty-one, who alters 35 -1- LSB 1737SV (2) 87 jh/nh 1/ 4

S.F. 415 or displays or has in the person’s possession a fictitious 1 or fraudulently altered driver’s license or nonoperator’s 2 identification card and who uses the license to violate or 3 attempt to violate section 123.47 , commits a simple misdemeanor 4 punishable as a scheduled violation under section 805.8A, 5 subsection 4 . The court shall forward a copy of the conviction 6 to the department. 7 2. A person shall not be charged or prosecuted for a 8 violation of this section if the person is immune from charge 9 or prosecution pursuant to section 701.12. 10 Sec. 6. Section 321.284, Code 2017, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. A person shall not be charged or 13 prosecuted for a violation of this section if the person is 14 immune from charge or prosecution pursuant to section 701.12. 15 Sec. 7. Section 321.284A, Code 2017, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 6. A person shall not be charged or 18 prosecuted for a violation of this section if the person is 19 immune from charge or prosecution pursuant to section 701.12. 20 Sec. 8. NEW SECTION . 701.12 Persons seeking emergency 21 assistance for overdose or crime victims —— immunity. 22 1. A person shall not be charged or prosecuted for the 23 violation of any of the following offenses if the evidence 24 for the charge was obtained as a result of the person in good 25 faith seeking emergency assistance for the person or another 26 person due to an alcohol overdose or because the person or 27 other person is a victim of a crime prohibited by chapter 708, 28 709, or 710A: 29 a. Section 123.46. 30 b. Section 123.47, subsection 3 or 4. 31 c. Section 321.216B. 32 d. Section 321.284. 33 e. Section 321.284A. 34 2. To be eligible for immunity under this section, the 35 -2- LSB 1737SV (2) 87 jh/nh 2/ 4

S.F. 415 reporting person, or persons acting in concert, must do all of 1 the following: 2 a. Be the first person to seek emergency assistance. 3 b. Provide the reporting person’s name and contact 4 information to medical or law enforcement personnel. 5 c. Remain on the scene until assistance arrives or is 6 provided. 7 d. Cooperate with medical and law enforcement personnel. 8 3. The person for whom emergency assistance was sought as 9 described in subsection 1 shall not be charged or prosecuted 10 for an offense listed in subsection 1. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides immunity from certain alcohol-related 15 criminal offenses and prohibits certain disciplinary sanctions 16 for certain persons who seek or require emergency assistance 17 for alcohol overdoses or protection from certain crimes. 18 The bill creates new Code section 701.12, which provides 19 that a person shall not be charged or prosecuted for public 20 intoxication, possession of alcohol under the legal age, use 21 of a driver’s license by an underage person to obtain alcohol, 22 or possession of an open container in a motor vehicle, if 23 the person in good faith sought emergency assistance for the 24 person or another person due to an alcohol overdose or because 25 the person or other person is a victim of a crime prohibited 26 by Code chapter 708 (assault), 709 (sexual abuse), or 710A 27 (human trafficking). A person seeking emergency assistance is 28 only eligible for immunity if the person, or persons acting 29 in concert, is the first person to seek emergency assistance, 30 provides the reporting person’s name and contact information 31 to medical or law enforcement personnel, remains on the scene 32 until assistance arrives or is provided, and cooperates with 33 medical and law enforcement personnel. The bill also provides 34 immunity to the person for whom emergency assistance was 35 -3- LSB 1737SV (2) 87 jh/nh 3/ 4

S.F. 415 sought. 1 Under Code section 232.52, a juvenile court may suspend 2 or revoke the driver’s license or operating privilege of a 3 person under the age of 18, for a period of one year, who 4 has violated Code section 123.46 or 123.47 or Code chapter 5 124. Because the bill provides immunity to persons from those 6 provisions, a person under the age of 18 who receives immunity 7 from prosecution under the bill will not face the loss of such 8 person’s driver’s license for one year. 9 The bill provides that if a person under the age of 18 is 10 discovered consuming or to be in possession of alcohol but 11 receives immunity from prosecution under Code section 701.12, 12 a peace officer shall notify a juvenile court officer of 13 such person’s consumption or possession. Under Code section 14 123.47B(2), the juvenile court officer is required to notify 15 the person’s custodial parent, legal guardian, or custodian and 16 the superintendent of authority in charge of the school the 17 person attends of the consumption or possession. 18 The bill directs the board of regents to prohibit the regents 19 universities from imposing certain disciplinary sanctions 20 against a student for the possession or consumption of alcohol 21 if the student is immune from prosecution pursuant to new Code 22 section 701.12. The prohibited disciplinary sanctions are the 23 removal from a course, enrollment restrictions in a course 24 or program, suspension or expulsion from the university, or 25 eviction or exclusion from student housing. 26 The bill makes conforming changes. 27 -4- LSB 1737SV (2) 87 jh/nh 4/ 4