House File 788 - Reprinted
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HF 458)
(COMPANION TO SF 395)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning alcohol beverage control, relating to minors
2 and public intoxication or possession of alcohol and
3 prohibiting certain liquor control, wine, or beer licensees or
4 permittees from knowingly permitting or engaging in criminal
5 activity in areas adjacent to the licensed premises and making
6 penalties applicable.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 HF 788
9 ec/cm/25
PAG LIN
1 1 Section 1. Section 123.46, subsection 4, Code 2009, is
1 2 amended to read as follows:
1 3 4. a. A peace officer shall make a reasonable effort to
1 4 identify a person under the age of eighteen who violates this
1 5 section and, if the person is not referred to juvenile court,
1 6 the law enforcement agency of which the peace officer is an
1 7 employee shall make a reasonable attempt to notify the
1 8 person's custodial parent or legal guardian of the violation,
1 9 whether or not the person is taken into custody, unless the
1 10 officer has reasonable grounds to believe that notification is
1 11 not in the best interests of the person or will endanger that
1 12 person refer the person to juvenile court.
1 13 b. The peace officer shall also make a reasonable effort
1 14 to identify the elementary or secondary school which the
1 15 person attends if the person is enrolled in elementary or
1 16 secondary school and to notify the superintendent or the
1 17 superintendent's designee of the school which the person
1 18 attends, or the authorities in charge of the nonpublic school
1 19 which the person attends, of the violation. If the person is
1 20 taken into custody, the peace officer shall notify a juvenile
1 21 court officer who A juvenile court officer shall notify the
1 22 person's custodial parent, legal guardian, or custodian of the
1 23 violation. In addition, the juvenile court officer shall make
1 24 a reasonable effort to identify the elementary or secondary
1 25 school the person attends, if any, and to notify the
1 26 superintendent of the school district or the superintendent's
1 27 designee, or the authorities in charge of the nonpublic
1 28 school, of the violation. A reasonable attempt to notify the
1 29 person includes, but is not limited to, a telephone call or
1 30 notice by first=class mail.
1 31 Sec. 2. Section 123.47, Code 2009, is amended to read as
1 32 follows:
1 33 123.47 PERSONS UNDER LEGAL AGE == PENALTY EIGHTEEN YEARS
1 34 OF AGE, PERSONS EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE,
1 35 AND PERSONS TWENTY=ONE YEARS OF AGE AND OLDER.
2 1 1. A person shall not sell, give, or otherwise supply
2 2 alcoholic liquor, wine, or beer to any person knowing or
2 3 having reasonable cause to believe that person to be under
2 4 legal age.
2 5 2. A person or persons under legal age shall not purchase
2 6 or attempt to purchase, or individually or jointly have
2 7 alcoholic liquor, wine, or beer in their possession or
2 8 control; except in the case of liquor, wine, or beer given or
2 9 dispensed to a person under legal age within a private home
2 10 and with the knowledge, presence, and consent of the parent or
2 11 guardian, for beverage or medicinal purposes or as
2 12 administered to the person by either a physician or dentist
2 13 for medicinal purposes and except to the extent that a person
2 14 under legal age may handle alcoholic beverages, wine, and beer
2 15 during the regular course of the person's employment by a
2 16 liquor control licensee, or wine or beer permittee under this
2 17 chapter.
2 18 3. a. A person who is under legal age eighteen, nineteen,
2 19 or twenty years of age, other than a licensee or permittee,
2 20 who violates this section regarding the purchase of or attempt
2 21 to purchase alcoholic liquor, wine, or beer, or possessing or
2 22 having control of alcoholic liquor, wine, or beer, commits the
2 23 following:
2 24 (1) A simple misdemeanor punishable as a scheduled
2 25 violation under section 805.8C, subsection 7.
2 26 (2) A second offense shall be a simple misdemeanor
2 27 punishable by a fine of five hundred dollars. In addition to
2 28 any other applicable penalty, the person in violation of this
2 29 section shall choose between either completing a substance
2 30 abuse evaluation or the suspension of the person's motor
2 31 vehicle operating privileges for a period not to exceed one
2 32 year.
2 33 (3) A third or subsequent offense shall be a simple
2 34 misdemeanor punishable by a fine of five hundred dollars and
2 35 the suspension of the person's motor vehicle operating
3 1 privileges for a period not to exceed one year.
3 2 b. The court may, in its discretion, order the person who
3 3 is under legal age to perform community service work under
3 4 section 909.3A, of an equivalent value to the fine imposed
3 5 under this section.
3 6 c. If the person who commits a violation of this section
3 7 is under the age of eighteen, the matter shall be disposed of
3 8 in the manner provided in chapter 232.
3 9 4. Except as otherwise provided in subsections 5 and 6, a
3 10 person who is of legal age, other than a licensee or
3 11 permittee, who sells, gives, or otherwise supplies alcoholic
3 12 liquor, wine, or beer to a person who is under legal age in
3 13 violation of this section commits a serious misdemeanor
3 14 punishable by a minimum fine of five hundred dollars.
3 15 5. A person who is of legal age, other than a licensee or
3 16 permittee, who sells, gives, or otherwise supplies alcoholic
3 17 liquor, wine, or beer to a person who is under legal age in
3 18 violation of this section which results in serious injury to
3 19 any person commits an aggravated misdemeanor.
3 20 6. A person who is of legal age, other than a licensee or
3 21 permittee, who sells, gives, or otherwise supplies alcoholic
3 22 liquor, wine, or beer to a person who is under legal age in
3 23 violation of this section which results in the death of any
3 24 person commits a class "D" felony.
3 25 Sec. 3. Section 123.47B, Code 2009, is amended to read as
3 26 follows:
3 27 123.47B PARENTAL AND SCHOOL NOTIFICATION == PERSONS UNDER
3 28 EIGHTEEN YEARS OF AGE.
3 29 1. A peace officer shall make a reasonable effort to
3 30 identify a person under the age of eighteen discovered to be
3 31 in possession of alcoholic liquor, wine, or beer in violation
3 32 of section 123.47 and if the person is not referred to
3 33 juvenile court, the law enforcement agency of which the peace
3 34 officer is an employee shall make a reasonable attempt to
3 35 notify the person's custodial parent or legal guardian of such
4 1 possession, whether or not the person is arrested or a
4 2 citation is issued pursuant to section 805.16, unless the
4 3 officer has reasonable grounds to believe that such
4 4 notification is not in the best interests of the person or
4 5 will endanger that person refer the person to juvenile court.
4 6 2. The peace officer juvenile court officer shall notify
4 7 the person's custodial parent, legal guardian, or custodian of
4 8 the violation. In addition, the juvenile court shall also
4 9 make a reasonable effort to identify the elementary or
4 10 secondary school which the person attends if the person is
4 11 enrolled in elementary or secondary school and to notify the
4 12 superintendent or the superintendent's designee of the school
4 13 which the person attends, or the authorities in charge of the
4 14 nonpublic school which the person attends, of the possession.
4 15 If the person is taken into custody, the peace officer shall
4 16 notify a juvenile court officer who shall make a reasonable
4 17 effort to identify the elementary or secondary school the
4 18 person attends, if any, and to notify the superintendent of
4 19 the school district or the superintendent's designee, or the
4 20 authorities in charge of the nonpublic school, of the taking
4 21 into custody. A reasonable attempt to notify the person
4 22 includes but is not limited to a telephone call or notice by
4 23 first=class mail.
4 24 Sec. 4. Section 123.49, subsection 2, paragraph j, Code
4 25 2009, is amended to read as follows:
4 26 j. Knowingly permit or engage in any criminal activity on
4 27 the premises covered by the license or permit. For purposes
4 28 of this paragraph "j", "premises" includes parking lots and
4 29 areas adjacent to the licensed premises and used by patrons of
4 30 the liquor licensee or permittee.
4 31 Sec. 5. Section 321.284, Code 2009, is amended to read as
4 32 follows:
4 33 321.284 OPEN CONTAINERS IN MOTOR VEHICLES == DRIVERS.
4 34 1. A driver of a motor vehicle upon a public street or
4 35 highway shall not possess in the passenger area of the motor
5 1 vehicle an open or unsealed bottle, can, jar, or other
5 2 receptacle containing an alcoholic beverage. "Passenger area"
5 3 means the area designed to seat the driver and passengers
5 4 while the motor vehicle is in operation and any area that is
5 5 readily accessible to the driver or a passenger while in their
5 6 seating positions, including the glove compartment. An open
5 7 or unsealed receptacle containing an alcoholic beverage may be
5 8 transported in the trunk of the motor vehicle. An unsealed
5 9 receptacle containing an alcoholic beverage may be transported
5 10 behind the last upright seat of the motor vehicle if the motor
5 11 vehicle does not have a trunk. A person convicted of a
5 12 violation of this section is guilty of a simple misdemeanor
5 13 punishable as a scheduled violation under section 805.8A,
5 14 subsection 14, paragraph "e".
5 15 2. A person under the age of twenty=one who violates this
5 16 section is guilty of a violation of section 123.47.
5 17 Sec. 6. Section 321.284A, Code 2009, is amended by adding
5 18 the following new subsection:
5 19 NEW SUBSECTION. 3A. A person under the age of twenty=one
5 20 years who violates this section is guilty of a violation of
5 21 section 123.47.
5 22 Sec. 7. Section 805.8C, subsection 7, Code 2009, is
5 23 amended to read as follows:
5 24 7. ALCOHOLIC BEVERAGE VIOLATIONS BY PERSONS UNDER LEGAL
5 25 EIGHTEEN, NINETEEN, OR TWENTY YEARS OF AGE. For first offense
5 26 violations of section 123.47, subsection 3, the scheduled fine
5 27 is two hundred dollars.
6 1 HF 788
6 2 ec/cm/25