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Senate File 310 - IntroducedA Bill ForAn Act 1providing limited immunity from certain criminal
2offenses and prohibiting certain disciplinary sanctions for
3persons under twenty-one years of age who report, seek,
4or require emergency assistance for alcohol overdoses or
5protection from certain crimes, and modifying penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.46, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A person shall not be charged or
4prosecuted for a violation of this section if the person is
5immune from charge or prosecution pursuant to section 701.12.
6 Sec. 2. Section 123.47, Code 2019, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 5A. A person shall not be charged or
9prosecuted for a violation of subsection 3 or 4 if the person
10is immune from charge or prosecution pursuant to section
11701.12.
12 Sec. 3. Section 123.47B, Code 2019, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 1A. If a person under the age of
15eighteen is discovered consuming or to be in possession of
16alcoholic liquor, wine, or beer, but the person is immune from
17prosecution under section 701.12, a peace officer shall make a
18reasonable effort to identify the person and notify a juvenile
19court officer of such person’s consumption or possession.
20 Sec. 4. Section 262.9, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 39. Prohibit an institution of higher
23education under its control from imposing any of the following
24disciplinary sanctions against a student for possession or
25consumption of alcohol if the student is immune from charge or
26prosecution pursuant to section 701.12:
27a. Removal from a course.
28b. Enrollment restrictions in a course or program.
29c. Suspension or expulsion from the university.
30d. Eviction or exclusion from student housing.
31 Sec. 5. Section 321.216B, Code 2019, is amended to read as
32follows:
33321.216B Use of driver’s license or nonoperator’s
34identification card by underage person to obtain alcohol.
351. A person who is under the age of twenty-one, who alters
-1-1or displays or has in the person’s possession a fictitious
2or fraudulently altered driver’s license or nonoperator’s
3identification card and who uses the license to violate or
4attempt to violate section 123.47, commits a simple misdemeanor
5punishable as a scheduled violation under section 805.8A,
6subsection 4. The court shall forward a copy of the conviction
7to the department.
82. A person shall not be charged or prosecuted for a
9violation of this section if the person is immune from charge
10or prosecution pursuant to section 701.12.
11 Sec. 6. Section 321.284, Code 2019, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 3. A person shall not be charged or
14prosecuted for a violation of this section if the person is
15immune from charge or prosecution pursuant to section 701.12.
16 Sec. 7. Section 321.284A, Code 2019, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 6. A person shall not be charged or
19prosecuted for a violation of this section if the person is
20immune from charge or prosecution pursuant to section 701.12.
21 Sec. 8. NEW SECTION. 701.12 Persons under the age of
22twenty-one seeking emergency assistance for overdose or crime
23victims — immunity.
241. A person under the age of twenty-one years shall not be
25charged or prosecuted for the violation of any of the following
26offenses if the evidence for the charge was obtained as a
27result of the person in good faith seeking emergency medical
28assistance for the person or another person due to an alcohol
29overdose or because the person or other person is a victim of a
30crime prohibited by chapter 708, 709, or 710A:
31a. Section 123.46.
32b. Section 123.47, subsection 3 or 4.
33c. Section 321.216B.
34d. Section 321.284.
35e. Section 321.284A.
-2- 12. To be eligible for immunity under this section, the
2reporting person, or persons acting in concert, must do all of
3the following:
4a. Be the first person to seek emergency assistance.
5b. Provide the reporting person’s name and contact
6information to medical or law enforcement personnel.
7c. Remain on the scene until assistance arrives or is
8provided.
9d. Cooperate with medical and law enforcement personnel.
103. The person for whom emergency assistance was sought as
11described in subsection 1 shall not be charged or prosecuted
12for an offense listed in subsection 1.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides immunity from certain alcohol-related
17criminal offenses and prohibits certain disciplinary sanctions
18for certain persons who seek or require emergency assistance
19for alcohol overdoses or protection from certain crimes.
20The bill creates new Code section 701.12, which provides
21that a person under the age of 21 shall not be charged or
22prosecuted for public intoxication, possession of alcohol under
23the legal age, use of a driver’s license by an underage person
24to obtain alcohol, or possession of an open container in a
25motor vehicle, if the person in good faith sought emergency
26assistance for the person or another person due to an alcohol
27overdose or because the person or other person is a victim
28of a crime prohibited by Code chapter 708 (assault), 709
29(sexual abuse), or 710A (human trafficking). A person seeking
30emergency assistance is only eligible for immunity if the
31person, or persons acting in concert, is the first person to
32seek emergency assistance, provides the reporting person’s
33name and contact information to medical or law enforcement
34personnel, remains on the scene until assistance arrives or
35is provided, and cooperates with medical and law enforcement
-3-1personnel. The bill also provides immunity to the person for
2whom emergency assistance was sought.
3Under Code section 232.52, a juvenile court may suspend
4or revoke the driver’s license or operating privilege of a
5person under the age of 18, for a period of one year, who
6has violated Code section 123.46 or 123.47 or Code chapter
7124. Because the bill provides immunity to persons from those
8provisions, a person under the age of 18 who receives immunity
9from prosecution under the bill will not face the loss of such
10person’s driver’s license for one year.
11The bill provides that if a person under the age of 18 is
12discovered consuming or to be in possession of alcohol but
13receives immunity from prosecution under Code section 701.12,
14a peace officer shall notify a juvenile court officer of
15such person’s consumption or possession. Under Code section
16123.47B(2), the juvenile court officer is required to notify
17the person’s custodial parent, legal guardian, or custodian and
18the superintendent of authority in charge of the school the
19person attends of the consumption or possession.
20The bill directs the board of regents to prohibit the regents
21universities from imposing certain disciplinary sanctions
22against a student for the possession or consumption of alcohol
23if the student is immune from prosecution pursuant to new Code
24section 701.12. The prohibited disciplinary sanctions are the
25removal from a course, enrollment restrictions in a course
26or program, suspension or expulsion from the university, or
27eviction or exclusion from student housing.
28The bill makes conforming Code changes.
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2offenses and prohibiting certain disciplinary sanctions for
3persons under twenty-one years of age who report, seek,
4or require emergency assistance for alcohol overdoses or
5protection from certain crimes, and modifying penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.46, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A person shall not be charged or
4prosecuted for a violation of this section if the person is
5immune from charge or prosecution pursuant to section 701.12.
6 Sec. 2. Section 123.47, Code 2019, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 5A. A person shall not be charged or
9prosecuted for a violation of subsection 3 or 4 if the person
10is immune from charge or prosecution pursuant to section
11701.12.
12 Sec. 3. Section 123.47B, Code 2019, is amended by adding the
13following new subsection:
14 NEW SUBSECTION. 1A. If a person under the age of
15eighteen is discovered consuming or to be in possession of
16alcoholic liquor, wine, or beer, but the person is immune from
17prosecution under section 701.12, a peace officer shall make a
18reasonable effort to identify the person and notify a juvenile
19court officer of such person’s consumption or possession.
20 Sec. 4. Section 262.9, Code 2019, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 39. Prohibit an institution of higher
23education under its control from imposing any of the following
24disciplinary sanctions against a student for possession or
25consumption of alcohol if the student is immune from charge or
26prosecution pursuant to section 701.12:
27a. Removal from a course.
28b. Enrollment restrictions in a course or program.
29c. Suspension or expulsion from the university.
30d. Eviction or exclusion from student housing.
31 Sec. 5. Section 321.216B, Code 2019, is amended to read as
32follows:
33321.216B Use of driver’s license or nonoperator’s
34identification card by underage person to obtain alcohol.
351. A person who is under the age of twenty-one, who alters
-1-1or displays or has in the person’s possession a fictitious
2or fraudulently altered driver’s license or nonoperator’s
3identification card and who uses the license to violate or
4attempt to violate section 123.47, commits a simple misdemeanor
5punishable as a scheduled violation under section 805.8A,
6subsection 4. The court shall forward a copy of the conviction
7to the department.
82. A person shall not be charged or prosecuted for a
9violation of this section if the person is immune from charge
10or prosecution pursuant to section 701.12.
11 Sec. 6. Section 321.284, Code 2019, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 3. A person shall not be charged or
14prosecuted for a violation of this section if the person is
15immune from charge or prosecution pursuant to section 701.12.
16 Sec. 7. Section 321.284A, Code 2019, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 6. A person shall not be charged or
19prosecuted for a violation of this section if the person is
20immune from charge or prosecution pursuant to section 701.12.
21 Sec. 8. NEW SECTION. 701.12 Persons under the age of
22twenty-one seeking emergency assistance for overdose or crime
23victims — immunity.
241. A person under the age of twenty-one years shall not be
25charged or prosecuted for the violation of any of the following
26offenses if the evidence for the charge was obtained as a
27result of the person in good faith seeking emergency medical
28assistance for the person or another person due to an alcohol
29overdose or because the person or other person is a victim of a
30crime prohibited by chapter 708, 709, or 710A:
31a. Section 123.46.
32b. Section 123.47, subsection 3 or 4.
33c. Section 321.216B.
34d. Section 321.284.
35e. Section 321.284A.
-2- 12. To be eligible for immunity under this section, the
2reporting person, or persons acting in concert, must do all of
3the following:
4a. Be the first person to seek emergency assistance.
5b. Provide the reporting person’s name and contact
6information to medical or law enforcement personnel.
7c. Remain on the scene until assistance arrives or is
8provided.
9d. Cooperate with medical and law enforcement personnel.
103. The person for whom emergency assistance was sought as
11described in subsection 1 shall not be charged or prosecuted
12for an offense listed in subsection 1.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides immunity from certain alcohol-related
17criminal offenses and prohibits certain disciplinary sanctions
18for certain persons who seek or require emergency assistance
19for alcohol overdoses or protection from certain crimes.
20The bill creates new Code section 701.12, which provides
21that a person under the age of 21 shall not be charged or
22prosecuted for public intoxication, possession of alcohol under
23the legal age, use of a driver’s license by an underage person
24to obtain alcohol, or possession of an open container in a
25motor vehicle, if the person in good faith sought emergency
26assistance for the person or another person due to an alcohol
27overdose or because the person or other person is a victim
28of a crime prohibited by Code chapter 708 (assault), 709
29(sexual abuse), or 710A (human trafficking). A person seeking
30emergency assistance is only eligible for immunity if the
31person, or persons acting in concert, is the first person to
32seek emergency assistance, provides the reporting person’s
33name and contact information to medical or law enforcement
34personnel, remains on the scene until assistance arrives or
35is provided, and cooperates with medical and law enforcement
-3-1personnel. The bill also provides immunity to the person for
2whom emergency assistance was sought.
3Under Code section 232.52, a juvenile court may suspend
4or revoke the driver’s license or operating privilege of a
5person under the age of 18, for a period of one year, who
6has violated Code section 123.46 or 123.47 or Code chapter
7124. Because the bill provides immunity to persons from those
8provisions, a person under the age of 18 who receives immunity
9from prosecution under the bill will not face the loss of such
10person’s driver’s license for one year.
11The bill provides that if a person under the age of 18 is
12discovered consuming or to be in possession of alcohol but
13receives immunity from prosecution under Code section 701.12,
14a peace officer shall notify a juvenile court officer of
15such person’s consumption or possession. Under Code section
16123.47B(2), the juvenile court officer is required to notify
17the person’s custodial parent, legal guardian, or custodian and
18the superintendent of authority in charge of the school the
19person attends of the consumption or possession.
20The bill directs the board of regents to prohibit the regents
21universities from imposing certain disciplinary sanctions
22against a student for the possession or consumption of alcohol
23if the student is immune from prosecution pursuant to new Code
24section 701.12. The prohibited disciplinary sanctions are the
25removal from a course, enrollment restrictions in a course
26or program, suspension or expulsion from the university, or
27eviction or exclusion from student housing.
28The bill makes conforming Code changes.
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