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House File 688 - IntroducedA Bill ForAn Act 1relating to alcoholic beverage control violations and
2second and subsequent convictions, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.91, Code 2019, is amended to read as
2follows:
3123.91 Second and subsequent conviction.
4Any person who has been convicted, in a criminal action,
5in any court of record, of a violation of a provision of this
6chapter except for a violation of section 123.46, a provision
7of the prior laws of this state relating to alcoholic liquors,
8wine, or beer which was in force prior to the enactment of
9this chapter, or a provision of the laws of the United States
10or of any other state relating to alcoholic liquors, wine, or
11beer, and who is thereafter convicted of a subsequent criminal
12offense against any provision of this chapter is guilty of the
13following offenses:
141. For the second conviction, a serious misdemeanor.
152. For the third and each subsequent conviction, an
16aggravated misdemeanor.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to alcoholic beverage control violations
21and second and subsequent convictions, and provides penalties.
22The bill provides that a conviction under Code section
23123.46 (consumption or intoxication in public places) is not
24subject to the sentencing enhancement provisions of Code
25section 123.91 for a second or subsequent conviction. A
26violation of Code section 123.46 is a simple misdemeanor.
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2second and subsequent convictions, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.91, Code 2019, is amended to read as
2follows:
3123.91 Second and subsequent conviction.
4Any person who has been convicted, in a criminal action,
5in any court of record, of a violation of a provision of this
6chapter except for a violation of section 123.46, a provision
7of the prior laws of this state relating to alcoholic liquors,
8wine, or beer which was in force prior to the enactment of
9this chapter, or a provision of the laws of the United States
10or of any other state relating to alcoholic liquors, wine, or
11beer, and who is thereafter convicted of a subsequent criminal
12offense against any provision of this chapter is guilty of the
13following offenses:
141. For the second conviction, a serious misdemeanor.
152. For the third and each subsequent conviction, an
16aggravated misdemeanor.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to alcoholic beverage control violations
21and second and subsequent convictions, and provides penalties.
22The bill provides that a conviction under Code section
23123.46 (consumption or intoxication in public places) is not
24subject to the sentencing enhancement provisions of Code
25section 123.91 for a second or subsequent conviction. A
26violation of Code section 123.46 is a simple misdemeanor.
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