HF 371 (LSB 2153HH (5) 88)

HOUSE FILE 371

BY  WOLFE

A BILL FOR

An Act relating to alcoholic beverage control violations and second and subsequent convictions, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.91, Code 2019, is amended to read as follows:
   123.91  Second and subsequent conviction.
   Any person who has been convicted, in a criminal action, in any court of record, of a violation of a provision of this chapter except for a violation of section 123.46, a provision of the prior laws of this state relating to alcoholic liquors, wine, or beer which was in force prior to the enactment of this chapter, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:
   1.  For the second conviction, a serious misdemeanor.
   2.  For the third and each subsequent conviction, an aggravated misdemeanor.
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 alcoholic beverage control violations and second and subsequent convictions, and provides penalties.
   The bill provides that a conviction under Code section 123.46 (consumption or intoxication in public places) is not subject to the sentencing enhancement provisions of Code section 123.91 for a second or subsequent conviction. A violation of Code section 123.46 is a simple misdemeanor.