HF 2052 (LSB 5091YH (6) 90)

HOUSE FILE 2052

BY  JONES

A BILL FOR

An Act relating to persons under the influence of controlled substances in public places, and providing penalties. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  124.401H  Public intoxication —— controlled substances —— notifications —— expungement.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Arrest” means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.
   b.  “Chemical test” means a test of a person’s blood or urine to determine the presence of a controlled substance.
   c.  “Intoxicated” or “intoxication” means the condition of having physical or mental control markedly diminished by the effects of a controlled substance.
   d.  “Peace officer” means the same as defined in section 801.4.
   2.  a.  A person in a public place shall not be under the influence of a controlled substance or have any amount of a controlled substance present in the person, as measured in the person’s blood or urine. A person violating this subsection commits public intoxication and is guilty of a simple misdemeanor.
   b.  This subsection does not apply to a person under the influence of a controlled substance if the controlled substance was prescribed for the person and was taken under the prescription and in accordance with the directions of a medical practitioner, as defined in chapter 155A, or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy.
   3.  When a peace officer arrests a person on a charge of public intoxication due to a controlled substance under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. In a prosecution for public intoxication due to a controlled substance, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. 
   4.  a.  A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and refer the person to juvenile court.
   b.  A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
   5.  Upon the expiration of two years following conviction for a violation of this section or of a similar local ordinance, a person may petition the court to expunge the conviction. If the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
    Sec. 2.  Section 124.411, subsection 3, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  An offense under section 124.401H, subsection 2.
    Sec. 3.  Section 125.34, subsection 1, Code 2024, is amended to read as follows:
   1.  A person with a substance use disorder due to intoxication or substance-induced incapacitation may come voluntarily to a facility for emergency treatment. A person who appears to be intoxicated or incapacitated by a substance in a public place and in need of help may be taken to a facility by a peace officer under section 125.91. If the person refuses the proffered help, the person may be arrested and charged with intoxication under section 123.46 or 124.401H, if applicable.
    Sec. 4.  Section 232.22, subsection 3, paragraph c, subparagraph (1), unnumbered paragraph 1, Code 2024, is amended to read as follows:
   A room in a facility intended or used for the detention of adults if there is probable cause to believe that the child has committed a delinquent act which if committed by an adult would be a felony, or aggravated misdemeanor under section 708.2 or 709.11, a serious or aggravated misdemeanor under section 321J.2, or a violation of section 123.46 or 124.401H, and if all of the following apply:
    Sec. 5.  Section 232.22, subsection 3, paragraph c, subparagraph (2), Code 2024, is amended to read as follows:
   (2)  However, if the child is to be detained for a violation of section 123.46, 124.401H, or section 321J.2, placement in a facility pursuant to this paragraph “c” shall be made only after an attempt has been made to notify the parents or legal guardians of the child and request that the parents or legal guardians take custody of the child. If the parents or legal guardians cannot be contacted, or refuse to take custody of the child, an attempt shall be made to place the child in another facility, including but not limited to a local hospital or shelter care facility. Also, a child detained for a violation of section 123.46, 124.401H, or section 321J.2 pursuant to this paragraph “c” shall only be detained in a facility with adequate staff to provide continuous visual supervision of the child.
    Sec. 6.  Section 701.12, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  Section 124.401H.
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 intoxication by a controlled substance in public places, and provides penalties.
   The bill provides that a person in a public place shall not be under the influence of a controlled substance or have any amount of a controlled substance present in the person, as measured in the person’s blood or urine. The bill does not apply to a person under the influence of a controlled substance prescribed for the person and taken as directed by a medical practitioner or if the substance was dispensed by a pharmacist without a prescription pursuant to the rules of the board of pharmacy. A person violating the bill commits public intoxication and is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill provides that a peace officer making an arrest for public intoxication by a controlled substance shall inform the person that the person may have a chemical test administered at the person’s own expense. In a prosecution for public intoxication due to a controlled substance, evidence of the results of a chemical test performed is admissible upon proof of a proper foundation. 
   The bill provides that a peace officer shall make a reasonable effort to identify a person under the age of 18 who violates the bill and refer the person to juvenile court. A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. The juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation.
   The bill provides that upon the expiration of two years following conviction for a violation of the bill, a person may petition the court to expunge the conviction. If the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of Code chapter 321, the conviction shall be expunged as a matter of law. 
   The bill provides that consideration of a second or subsequent offense for purposes of sentencing for a violation of Code chapter 124 (controlled substances) does not apply to a violation of the bill. 
   The bill describes the facilities where a child detained for a violation of the bill may be held.
   The bill makes conforming Code changes.