H.F. _____ Section 1. Section 123.91, unnumbered paragraph 1, Code 1 2022, is amended to read as follows: 2 Unless otherwise provided by law, a person who has been 3 convicted in a criminal action in any court of record of 4 a violation of a provision of this chapter , except for a 5 violation of section 123.46 or 124.401H , or a provision of 6 the laws of the United States or of any other state relating 7 to alcoholic liquors, wine, or beer, and who is thereafter 8 convicted of a subsequent criminal offense against any 9 provision of this chapter is guilty of the following offenses: 10 Sec. 2. NEW SECTION . 124.401H Public intoxication —— 11 controlled substances —— notifications —— expungement. 12 1. As used in this section, unless the context otherwise 13 requires: 14 a. “Arrest” means the same as defined in section 804.5 and 15 includes taking into custody pursuant to section 232.19. 16 b. “Chemical test” means a test of a person’s blood or urine 17 to determine the presence of a controlled substance. 18 c. “Intoxicated” or “intoxication” means the condition of 19 having physical or mental control markedly diminished by the 20 effects of a controlled substance. 21 d. “Peace officer” means the same as defined in section 22 801.4. 23 2. A person shall not be intoxicated in a public place while 24 any amount of a controlled substance is present in the person, 25 as measured in the person’s blood or urine. A person violating 26 this subsection is guilty of a simple misdemeanor. 27 3. When a peace officer arrests a person on a charge of 28 public intoxication due to a controlled substance under this 29 section, the peace officer shall inform the person that the 30 person may have a chemical test administered at the person’s 31 own expense. In a prosecution for public intoxication due to 32 a controlled substance, evidence of the results of a chemical 33 test performed under this subsection is admissible upon proof 34 of a proper foundation. 35 -1- LSB 6188YC (3) 89 as/rh 1/ 5

H.F. _____ 4. a. A peace officer shall make a reasonable effort to 1 identify a person under the age of eighteen who violates this 2 section and refer the person to juvenile court. 3 b. A juvenile court officer shall notify the person’s 4 custodial parent, legal guardian, or custodian of the 5 violation. In addition, the juvenile court officer shall 6 make a reasonable effort to identify the elementary or 7 secondary school the person attends, if any, and to notify the 8 superintendent of the school district or the superintendent’s 9 designee, or the authorities in charge of the nonpublic school, 10 of the violation. A reasonable attempt to notify the person 11 includes but is not limited to a telephone call or notice by 12 first-class mail. 13 5. Upon the expiration of two years following conviction for 14 a violation of this section or of a similar local ordinance, a 15 person may petition the court to expunge the conviction, and if 16 the person has had no other criminal convictions, other than 17 local traffic violations or simple misdemeanor violations of 18 chapter 321 during the two-year period, the conviction shall 19 be expunged as a matter of law. The court shall enter an 20 order that the record of the conviction be expunged by the 21 clerk of the district court. Notwithstanding section 692.2, 22 after receipt of notice from the clerk of the district court 23 that a record of conviction has been expunged, the record of 24 conviction shall be removed from the criminal history data 25 files maintained by the department of public safety if such a 26 record was maintained in the criminal history data files. 27 Sec. 3. Section 124.411, subsection 3, Code 2022, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. An offense under section 124.401H, 30 subsection 2. 31 Sec. 4. Section 125.34, subsection 1, Code 2022, is amended 32 to read as follows: 33 1. A person with a substance-related disorder due to 34 intoxication or substance-induced incapacitation may come 35 -2- LSB 6188YC (3) 89 as/rh 2/ 5

H.F. _____ voluntarily to a facility for emergency treatment. A person 1 who appears to be intoxicated or incapacitated by a substance 2 in a public place and in need of help may be taken to a facility 3 by a peace officer under section 125.91 . If the person refuses 4 the proffered help, the person may be arrested and charged with 5 intoxication under section 123.46 or 124.401H , if applicable. 6 Sec. 5. Section 232.22, subsection 3, paragraph c, 7 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 8 to read as follows: 9 A room in a facility intended or used for the detention of 10 adults if there is probable cause to believe that the child has 11 committed a delinquent act which if committed by an adult would 12 be a felony, or aggravated misdemeanor under section 708.2 13 or 709.11 , a serious or aggravated misdemeanor under section 14 321J.2 , or a violation of section 123.46 or 124.401H , and if 15 all of the following apply: 16 Sec. 6. Section 232.22, subsection 3, paragraph c, 17 subparagraph (2), Code 2022, is amended to read as follows: 18 (2) However, if the child is to be detained for a violation 19 of section 123.46 , 124.401H, or section 321J.2 , placement in 20 a facility pursuant to this paragraph “c” shall be made only 21 after an attempt has been made to notify the parents or legal 22 guardians of the child and request that the parents or legal 23 guardians take custody of the child. If the parents or legal 24 guardians cannot be contacted, or refuse to take custody of the 25 child, an attempt shall be made to place the child in another 26 facility, including but not limited to a local hospital or 27 shelter care facility. Also, a child detained for a violation 28 of section 123.46 , 124.401H, or section 321J.2 pursuant to this 29 paragraph “c” shall only be detained in a facility with adequate 30 staff to provide continuous visual supervision of the child. 31 Sec. 7. Section 701.12, subsection 1, Code 2022, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . 0c. Section 124.401H. 34 Sec. 8. Section 901C.3, subsection 2, Code 2022, is amended 35 -3- LSB 6188YC (3) 89 as/rh 3/ 5

H.F. _____ by adding the following new paragraph: 1 NEW PARAGRAPH . 0c. A conviction under section 124.401H. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to intoxication by a controlled substance 6 in public places, and provides penalties. 7 The bill provides that a person shall not be intoxicated 8 in a public place while any amount of a controlled substance 9 is present in the person, as measured in the person’s blood 10 or urine. A person violating the bill is guilty of a simple 11 misdemeanor. A simple misdemeanor is punishable by confinement 12 for no more than 30 days and a fine of at least $105 but not 13 more than $855. 14 The bill provides that a peace officer making an arrest for 15 public intoxication by a controlled substance shall inform the 16 person that the person may have a chemical test administered 17 at the person’s own expense. In a prosecution for public 18 intoxication by a controlled substance, evidence of the results 19 of a chemical test performed is admissible upon proof of a 20 proper foundation. 21 The bill provides that a peace officer shall make a 22 reasonable effort to identify a person under the age of 18 23 who violates the bill and refer the person to juvenile court. 24 A juvenile court officer shall notify the person’s custodial 25 parent, legal guardian, or custodian of the violation. The 26 juvenile court officer shall make a reasonable effort to 27 identify the elementary or secondary school the person attends, 28 if any, and to notify the superintendent of the school district 29 or the superintendent’s designee, or the authorities in charge 30 of the nonpublic school, of the violation. 31 The bill provides that upon the expiration of two years 32 following conviction for a violation of the bill, a person may 33 petition the court to expunge the conviction, and if the person 34 has had no other criminal convictions, other than local traffic 35 -4- LSB 6188YC (3) 89 as/rh 4/ 5

H.F. _____ violations or simple misdemeanor violations of Code chapter 1 321, the conviction shall be expunged as a matter of law. 2 The bill provides that a conviction under the bill shall be 3 considered when sentencing a person for a second or subsequent 4 offense for a violation of Code chapter 124 (controlled 5 substances). 6 The bill describes the facilities where a child detained for 7 a violation of the bill may be held. 8 The bill provides that a conviction under the bill shall 9 not be expunged after eight years under Code section 901C.3. 10 However, the bill provides that a conviction under the bill may 11 be expunged after two years. 12 The bill makes conforming Code changes. 13 -5- LSB 6188YC (3) 89 as/rh 5/ 5