H.F. 371 Section 1. Section 123.91, Code 2019, is amended to read as 1 follows: 2 123.91 Second and subsequent conviction. 3 Any person who has been convicted, in a criminal action, 4 in any court of record, of a violation of a provision of this 5 chapter except for a violation of section 123.46 , a provision 6 of the prior laws of this state relating to alcoholic liquors, 7 wine, or beer which was in force prior to the enactment of 8 this chapter , or a provision of the laws of the United States 9 or of any other state relating to alcoholic liquors, wine, or 10 beer, and who is thereafter convicted of a subsequent criminal 11 offense against any provision of this chapter is guilty of the 12 following offenses: 13 1. For the second conviction, a serious misdemeanor. 14 2. For the third and each subsequent conviction, an 15 aggravated misdemeanor. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to alcoholic beverage control violations 20 and second and subsequent convictions, and provides penalties. 21 The bill provides that a conviction under Code section 22 123.46 (consumption or intoxication in public places) is not 23 subject to the sentencing enhancement provisions of Code 24 section 123.91 for a second or subsequent conviction. A 25 violation of Code section 123.46 is a simple misdemeanor. 26 -1- LSB 2153HH (5) 88 as/rh 1/ 1