Senate Study Bill 1107 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act providing limited immunity from certain criminal 1 offenses and prohibiting certain disciplinary sanctions for 2 persons under twenty-one years of age who report, seek, 3 or require emergency assistance for alcohol overdoses or 4 protection from certain crimes, and modifying penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2252XC (2) 88 as/rh
S.F. _____ Section 1. Section 123.46, Code 2019, is amended by adding 1 the following new subsection: 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 2019, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 5A. 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 2019, 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 2019, 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 2019, 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 2252XC (2) 88 as/rh 1/ 4
S.F. _____ 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 2019, 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 2019, 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 under the age of 21 twenty-one seeking emergency assistance for overdose or crime 22 victims —— immunity. 23 1. A person under the age of twenty-one years shall not be 24 charged or prosecuted for the violation of any of the following 25 offenses if the evidence for the charge was obtained as a 26 result of the person in good faith seeking emergency medical 27 assistance for the person or another person due to an alcohol 28 overdose or because the person or other person is a victim of a 29 crime prohibited by chapter 708, 709, or 710A: 30 a. Section 123.46. 31 b. Section 123.47, subsection 3 or 4. 32 c. Section 321.216B. 33 d. Section 321.284. 34 e. Section 321.284A. 35 -2- LSB 2252XC (2) 88 as/rh 2/ 4
S.F. _____ 2. To be eligible for immunity under this section, the 1 reporting person, or persons acting in concert, must do all of 2 the following: 3 a. Be the first person to seek emergency assistance. 4 b. Provide the reporting person’s name and contact 5 information to medical or law enforcement personnel. 6 c. Remain on the scene until assistance arrives or is 7 provided. 8 d. Cooperate with medical and law enforcement personnel. 9 3. The person for whom emergency assistance was sought as 10 described in subsection 1 shall not be charged or prosecuted 11 for an offense listed in subsection 1. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill provides immunity from certain alcohol-related 16 criminal offenses and prohibits certain disciplinary sanctions 17 for certain persons who seek or require emergency assistance 18 for alcohol overdoses or protection from certain crimes. 19 The bill creates new Code section 701.12, which provides 20 that a person under the age of 21 shall not be charged or 21 prosecuted for public intoxication, possession of alcohol under 22 the legal age, use of a driver’s license by an underage person 23 to obtain alcohol, or possession of an open container in a 24 motor vehicle, if the person in good faith sought emergency 25 assistance for the person or another person due to an alcohol 26 overdose or because the person or other person is a victim 27 of a crime prohibited by Code chapter 708 (assault), 709 28 (sexual abuse), or 710A (human trafficking). A person seeking 29 emergency assistance is only eligible for immunity if the 30 person, or persons acting in concert, is the first person to 31 seek emergency assistance, provides the reporting person’s 32 name and contact information to medical or law enforcement 33 personnel, remains on the scene until assistance arrives or 34 is provided, and cooperates with medical and law enforcement 35 -3- LSB 2252XC (2) 88 as/rh 3/ 4
S.F. _____ personnel. The bill also provides immunity to the person for 1 whom emergency assistance was sought. 2 Under Code section 232.52, a juvenile court may suspend 3 or revoke the driver’s license or operating privilege of a 4 person under the age of 18, for a period of one year, who 5 has violated Code section 123.46 or 123.47 or Code chapter 6 124. Because the bill provides immunity to persons from those 7 provisions, a person under the age of 18 who receives immunity 8 from prosecution under the bill will not face the loss of such 9 person’s driver’s license for one year. 10 The bill provides that if a person under the age of 18 is 11 discovered consuming or to be in possession of alcohol but 12 receives immunity from prosecution under Code section 701.12, 13 a peace officer shall notify a juvenile court officer of 14 such person’s consumption or possession. Under Code section 15 123.47B(2), the juvenile court officer is required to notify 16 the person’s custodial parent, legal guardian, or custodian and 17 the superintendent of authority in charge of the school the 18 person attends of the consumption or possession. 19 The bill directs the board of regents to prohibit the regents 20 universities from imposing certain disciplinary sanctions 21 against a student for the possession or consumption of alcohol 22 if the student is immune from prosecution pursuant to new Code 23 section 701.12. The prohibited disciplinary sanctions are the 24 removal from a course, enrollment restrictions in a course 25 or program, suspension or expulsion from the university, or 26 eviction or exclusion from student housing. 27 The bill makes conforming Code changes. 28 -4- LSB 2252XC (2) 88 as/rh 4/ 4