House Study Bill 710 - IntroducedA Bill ForAn Act 1relating to controlled substance intoxication in public
2places, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 123.91, unnumbered paragraph 1, Code
22022, is amended to read as follows:
   3Unless otherwise provided by law, a person who has been
4convicted in a criminal action in any court of record of
5a violation of a provision of this chapter, except for a
6violation of section 123.46 or 124.401H, or a provision of
7the laws of the United States or of any other state relating
8to alcoholic liquors, wine, or beer, and who is thereafter
9convicted of a subsequent criminal offense against any
10provision of this chapter is guilty of the following offenses:
11   Sec. 2.  NEW SECTION.  124.401H  Public intoxication —
12controlled substances — notifications — expungement.
   131.  As used in this section, unless the context otherwise
14requires:
   15a.  “Arrest” means the same as defined in section 804.5 and
16includes taking into custody pursuant to section 232.19.
   17b.  “Chemical test” means a test of a person’s blood or urine
18to determine the presence of a controlled substance.
   19c.  “Intoxicated” or “intoxication” means the condition of
20having physical or mental control markedly diminished by the
21effects of a controlled substance.
   22d.  “Peace officer” means the same as defined in section
23801.4.
   242.  A person shall not be intoxicated in a public place while
25any amount of a controlled substance is present in the person,
26as measured in the person’s blood or urine. A person violating
27this subsection is guilty of a simple misdemeanor.
   283.  When a peace officer arrests a person on a charge of
29public intoxication due to a controlled substance under this
30section, the peace officer shall inform the person that the
31person may have a chemical test administered at the person’s
32own expense. In a prosecution for public intoxication due to
33a controlled substance, evidence of the results of a chemical
34test performed under this subsection is admissible upon proof
35of a proper foundation.
-1-
   14.  a.  A peace officer shall make a reasonable effort to
2identify a person under the age of eighteen who violates this
3section and refer the person to juvenile court.
   4b.  A juvenile court officer shall notify the person’s
5custodial parent, legal guardian, or custodian of the
6violation. In addition, the juvenile court officer shall
7make a reasonable effort to identify the elementary or
8secondary school the person attends, if any, and to notify the
9superintendent of the school district or the superintendent’s
10designee, or the authorities in charge of the nonpublic school,
11of the violation. A reasonable attempt to notify the person
12includes but is not limited to a telephone call or notice by
13first-class mail.
   145.  Upon the expiration of two years following conviction for
15a violation of this section or of a similar local ordinance, a
16person may petition the court to expunge the conviction, and if
17the person has had no other criminal convictions, other than
18local traffic violations or simple misdemeanor violations of
19chapter 321 during the two-year period, the conviction shall
20be expunged as a matter of law. The court shall enter an
21order that the record of the conviction be expunged by the
22clerk of the district court. Notwithstanding section 692.2,
23after receipt of notice from the clerk of the district court
24that a record of conviction has been expunged, the record of
25conviction shall be removed from the criminal history data
26files maintained by the department of public safety if such a
27record was maintained in the criminal history data files.
28   Sec. 3.  Section 124.411, subsection 3, Code 2022, is amended
29by adding the following new paragraph:
30   NEW PARAGRAPH.  c.  An offense under section 124.401H,
31subsection 2.
32   Sec. 4.  Section 125.34, subsection 1, Code 2022, is amended
33to read as follows:
   341.  A person with a substance-related disorder due to
35intoxication or substance-induced incapacitation may come
-2-1voluntarily to a facility for emergency treatment. A person
2who appears to be intoxicated or incapacitated by a substance
3in a public place and in need of help may be taken to a facility
4by a peace officer under section 125.91. If the person refuses
5the proffered help, the person may be arrested and charged with
6intoxication under section 123.46 or 124.401H, if applicable.
7   Sec. 5.  Section 232.22, subsection 3, paragraph c,
8subparagraph (1), unnumbered paragraph 1, Code 2022, is amended
9to read as follows:
   10A room in a facility intended or used for the detention of
11adults if there is probable cause to believe that the child has
12committed a delinquent act which if committed by an adult would
13be a felony, or aggravated misdemeanor under section 708.2
14or 709.11, a serious or aggravated misdemeanor under section
15321J.2, or a violation of section 123.46 or 124.401H, and if
16all of the following apply:
17   Sec. 6.  Section 232.22, subsection 3, paragraph c,
18subparagraph (2), Code 2022, is amended to read as follows:
   19(2)  However, if the child is to be detained for a violation
20of section 123.46, 124.401H, or section 321J.2, placement in
21a facility pursuant to this paragraph “c” shall be made only
22after an attempt has been made to notify the parents or legal
23guardians of the child and request that the parents or legal
24guardians take custody of the child. If the parents or legal
25guardians cannot be contacted, or refuse to take custody of the
26child, an attempt shall be made to place the child in another
27facility, including but not limited to a local hospital or
28shelter care facility. Also, a child detained for a violation
29of section 123.46, 124.401H, or section 321J.2 pursuant to this
30paragraph “c” shall only be detained in a facility with adequate
31staff to provide continuous visual supervision of the child.
32   Sec. 7.  Section 701.12, subsection 1, Code 2022, is amended
33by adding the following new paragraph:
34   NEW PARAGRAPH.  0c.  Section 124.401H.
35   Sec. 8.  Section 901C.3, subsection 2, Code 2022, is amended
-3-1by adding the following new paragraph:
2   NEW PARAGRAPH.  0c.  A conviction under section 124.401H.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
   6This bill relates to intoxication by a controlled substance
7in public places, and provides penalties.
   8The bill provides that a person shall not be intoxicated
9in a public place while any amount of a controlled substance
10is present in the person, as measured in the person’s blood
11or urine. A person violating the bill is guilty of a simple
12misdemeanor. A simple misdemeanor is punishable by confinement
13for no more than 30 days and a fine of at least $105 but not
14more than $855.
   15The bill provides that a peace officer making an arrest for
16public intoxication by a controlled substance shall inform the
17person that the person may have a chemical test administered
18at the person’s own expense. In a prosecution for public
19intoxication by a controlled substance, evidence of the results
20of a chemical test performed is admissible upon proof of a
21proper foundation.
   22The bill provides that a peace officer shall make a
23reasonable effort to identify a person under the age of 18
24who violates the bill and refer the person to juvenile court.
25A juvenile court officer shall notify the person’s custodial
26parent, legal guardian, or custodian of the violation. The
27juvenile court officer shall make a reasonable effort to
28identify the elementary or secondary school the person attends,
29if any, and to notify the superintendent of the school district
30or the superintendent’s designee, or the authorities in charge
31of the nonpublic school, of the violation.
   32The bill provides that upon the expiration of two years
33following conviction for a violation of the bill, a person may
34petition the court to expunge the conviction, and if the person
35has had no other criminal convictions, other than local traffic
-4-1violations or simple misdemeanor violations of Code chapter
2321, the conviction shall be expunged as a matter of law.
   3The bill provides that a conviction under the bill shall be
4considered when sentencing a person for a second or subsequent
5offense for a violation of Code chapter 124 (controlled
6substances).
   7The bill describes the facilities where a child detained for
8a violation of the bill may be held.
   9The bill provides that a conviction under the bill shall
10not be expunged after eight years under Code section 901C.3.
11However, the bill provides that a conviction under the bill may
12be expunged after two years.
   13The bill makes conforming Code changes.
-5-
as/rh