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House File 684 - EnrolledAn Actproviding limited immunity from certain criminal
offenses and prohibiting certain disciplinary sanctions for
persons under twenty-one years of age who report, seek, or
require emergency assistance for alcohol overdoses, and
modifying penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 123.46, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 7. A person shall not be charged or
prosecuted for a violation of this section if the person is
immune from charge or prosecution pursuant to section 701.12.
Sec. 2. Section 123.47, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. A person shall not be charged or
prosecuted for a violation of subsection 3 or 4 if the person
is immune from charge or prosecution pursuant to section
701.12.
Sec. 3. Section 123.47B, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. If a person under the age of
eighteen is discovered consuming or to be in possession of
alcoholic liquor, wine, or beer, but the person is immune from
prosecution under section 701.12, a peace officer shall make a
reasonable effort to identify the person and notify a juvenile
court officer of such person’s consumption or possession.
Sec. 4. Section 262.9, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 39. Prohibit an institution of higher
education under its control from imposing any of the following
disciplinary sanctions against a student for possession or
consumption of alcohol if the student is immune from charge or
prosecution pursuant to section 701.12:
a. Removal from a course.
b. Enrollment restrictions in a course or program.
c. Suspension or expulsion from the university.
d. Eviction or exclusion from student housing.
Sec. 5. Section 321.216B, Code 2020, is amended to read as
follows:
321.216B Use of driver’s license or nonoperator’s
identification card by underage person to obtain alcohol.
1. A person who is under the age of twenty-one, who alters
-1-or displays or has in the person’s possession a fictitious
or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license to violate or
attempt to violate section 123.47, commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 4. The court shall forward a copy of the conviction
to the department.
2. A person shall not be charged or prosecuted for a
violation of this section if the person is immune from charge
or prosecution pursuant to section 701.12.
Sec. 6. NEW SECTION. 701.12 Persons under the age of
twenty-one seeking emergency assistance for overdose — immunity.
1. A person under the age of twenty-one years shall not be
charged or prosecuted for the violation of any of the following
offenses if the evidence for the charge was obtained as a
result of the person in good faith seeking emergency medical
assistance for the person or another person due to an alcohol
overdose:
a. Section 123.46.
b. Section 123.47, subsection 3 or 4.
c. Section 321.216B.
2. To be eligible for immunity under this section, the
reporting person, or persons acting in concert, must do all of
the following:
a. Be the first person to seek emergency assistance.
b. Provide the reporting person’s name and contact
information to medical or law enforcement personnel.
c. Remain on the scene until assistance arrives or is
provided.
d. Cooperate with medical and law enforcement personnel.
3. The person for whom emergency assistance was sought as
described in subsection 1 shall not be charged or prosecuted
for an offense listed in subsection 1.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 684, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernoras/rh/md
offenses and prohibiting certain disciplinary sanctions for
persons under twenty-one years of age who report, seek, or
require emergency assistance for alcohol overdoses, and
modifying penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 123.46, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION. 7. A person shall not be charged or
prosecuted for a violation of this section if the person is
immune from charge or prosecution pursuant to section 701.12.
Sec. 2. Section 123.47, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. A person shall not be charged or
prosecuted for a violation of subsection 3 or 4 if the person
is immune from charge or prosecution pursuant to section
701.12.
Sec. 3. Section 123.47B, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. If a person under the age of
eighteen is discovered consuming or to be in possession of
alcoholic liquor, wine, or beer, but the person is immune from
prosecution under section 701.12, a peace officer shall make a
reasonable effort to identify the person and notify a juvenile
court officer of such person’s consumption or possession.
Sec. 4. Section 262.9, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 39. Prohibit an institution of higher
education under its control from imposing any of the following
disciplinary sanctions against a student for possession or
consumption of alcohol if the student is immune from charge or
prosecution pursuant to section 701.12:
a. Removal from a course.
b. Enrollment restrictions in a course or program.
c. Suspension or expulsion from the university.
d. Eviction or exclusion from student housing.
Sec. 5. Section 321.216B, Code 2020, is amended to read as
follows:
321.216B Use of driver’s license or nonoperator’s
identification card by underage person to obtain alcohol.
1. A person who is under the age of twenty-one, who alters
-1-or displays or has in the person’s possession a fictitious
or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license to violate or
attempt to violate section 123.47, commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 4. The court shall forward a copy of the conviction
to the department.
2. A person shall not be charged or prosecuted for a
violation of this section if the person is immune from charge
or prosecution pursuant to section 701.12.
Sec. 6. NEW SECTION. 701.12 Persons under the age of
twenty-one seeking emergency assistance for overdose — immunity.
1. A person under the age of twenty-one years shall not be
charged or prosecuted for the violation of any of the following
offenses if the evidence for the charge was obtained as a
result of the person in good faith seeking emergency medical
assistance for the person or another person due to an alcohol
overdose:
a. Section 123.46.
b. Section 123.47, subsection 3 or 4.
c. Section 321.216B.
2. To be eligible for immunity under this section, the
reporting person, or persons acting in concert, must do all of
the following:
a. Be the first person to seek emergency assistance.
b. Provide the reporting person’s name and contact
information to medical or law enforcement personnel.
c. Remain on the scene until assistance arrives or is
provided.
d. Cooperate with medical and law enforcement personnel.
3. The person for whom emergency assistance was sought as
described in subsection 1 shall not be charged or prosecuted
for an offense listed in subsection 1.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 684, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernoras/rh/md