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Senate Study Bill 1088 - IntroducedA Bill ForAn Act 1providing immunity from certain criminal offenses and
2prohibiting certain disciplinary sanctions for persons who
3report, seek, or require emergency assistance for alcohol or
4drug-related overdoses or protection from certain crimes,
5and modifying penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.46, Code 2017, is amended by adding
2the following new subsections:
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 2017, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 9. 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 2017, 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 124.401, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 6. A person shall not be charged or
23prosecuted for a violation of subsection 1 or 5 if the person
24is immune from charge or prosecution pursuant to section
25701.12.
26 Sec. 5. Section 124.407, Code 2017, is amended by adding the
27following new unnumbered paragraph:
28 NEW UNNUMBERED PARAGRAPH. A person shall not be charged or
29prosecuted for a violation of this section if the person is
30immune from charge or prosecution pursuant to section 701.12.
31 Sec. 6. Section 124.414, Code 2017, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 4. A person shall not be charged or
34prosecuted for a violation of this section if the person is
35immune from charge or prosecution pursuant to section 701.12.
-1-1 Sec. 7. Section 262.9, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 39. Prohibit an institution of higher
4education under its control from imposing any of the following
5disciplinary sanctions against a student for possession or
6consumption of alcohol or a controlled substance or possession
7of drug paraphernalia if the student is immune from charge or
8prosecution pursuant to section 701.12:
9a. Removal from a course.
10b. Enrollment restrictions in a course or program.
11c. Suspension or expulsion from the university.
12d. Eviction or exclusion from student housing.
13 Sec. 8. Section 321.216B, Code 2017, is amended to read as
14follows:
15321.216B Use of driver’s license or nonoperator’s
16identification card by underage person to obtain alcohol.
171. A person who is under the age of twenty-one, who alters
18or displays or has in the person’s possession a fictitious
19or fraudulently altered driver’s license or nonoperator’s
20identification card and who uses the license to violate or
21attempt to violate section 123.47, commits a simple misdemeanor
22punishable as a scheduled violation under section 805.8A,
23subsection 4. The court shall forward a copy of the conviction
24to the department.
252. A person shall not be charged or prosecuted for a
26violation of this section if the person is immune from charge
27or prosecution pursuant to section 701.12.
28 Sec. 9. Section 321.284, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 3. A person shall not be charged or
31prosecuted for a violation of this section if the person is
32immune from charge or prosecution pursuant to section 701.12.
33 Sec. 10. Section 321.284A, Code 2017, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 6. A person shall not be charged or
-2-1prosecuted for a violation of this section if the person is
2immune from charge or prosecution pursuant to section 701.12.
3 Sec. 11. NEW SECTION. 701.12 Persons seeking emergency
4assistance for overdose or crime victims — immunity.
51. A person shall not be charged or prosecuted for the
6violation of any of the following offenses if the evidence
7for the charge was obtained as a result of the person in good
8faith seeking emergency assistance for the person or another
9person due to an alcohol or drug-related overdose or because
10the person or other person is a victim of a crime prohibited by
11chapter 708, 709, or 710A:
12a. Section 123.46.
13b. Section 123.47, subsection 3 or 4.
14c. Section 124.401, subsection 1 or 5.
15d. Section 124.407.
16e. Section 124.414.
17f. Section 321.216B.
18g. Section 321.284.
19h. Section 321.284A.
202. To be eligible for immunity under this section, the
21reporting person, or persons acting in concert, must do all of
22the following:
23a. Be the first person to seek emergency assistance.
24b. Provide the reporting person’s name and contact
25information to medical or law enforcement personnel.
26c. Remain on the scene until assistance arrives or is
27provided.
28d. Cooperate with medical and law enforcement personnel.
293. The person for whom emergency assistance was sought as
30described in subsection 1 shall not be charged or prosecuted
31for an offense listed in subsection 1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill provides immunity from certain criminal offenses
-3-1and prohibits certain disciplinary sanctions for certain
2persons who seek or require emergency assistance for alcohol or
3drug-related overdoses or protection from certain crimes.
4The bill creates new Code section 701.12, which provides
5that a person shall not be charged or prosecuted for public
6intoxication, possession of alcohol under the legal age,
7possession or use of a controlled substance, possession of
8drug paraphernalia, use of a driver’s license by an underage
9person to obtain alcohol, or possession of an open container in
10a motor vehicle, if the person in good faith sought emergency
11assistance for the person or another person due to an alcohol
12or drug-related overdose or because the person or other
13person is a victim of a crime prohibited by Code chapter 708
14(assault), 709 (sexual abuse), or 710A (human trafficking).
15A person seeking emergency assistance is only eligible for
16immunity if the person, or persons acting in concert, is
17the first person to seek emergency assistance, provides the
18reporting person’s name and contact information to medical
19or law enforcement personnel, remains on the scene until
20assistance arrives or is provided, and cooperates with medical
21and law enforcement personnel. The bill also provides immunity
22to the person for whom emergency assistance was sought.
23Under Code section 232.52, a juvenile court may suspend
24or revoke the driver’s license or operating privilege of a
25person under the age of 18, for a period of one year, who
26has violated Code section 123.46 or 123.47 or Code chapter
27124. Because the bill provides immunity to persons from those
28provisions, a person under the age of 18 who receives immunity
29from prosecution under the bill will not face the loss of such
30person’s driver’s license for one year.
31The bill provides that if a person under the age of 18 is
32discovered consuming or to be in possession of alcohol but
33receives immunity from prosecution under Code section 701.12,
34a peace officer shall notify a juvenile court officer of
35such person’s consumption or possession. Under Code section
-4-1123.47B(2), the juvenile court officer is required to notify
2the person’s custodial parent, legal guardian, or custodian and
3the superintendent of authority in charge of the school the
4person attends of the consumption or possession.
5The bill directs the board of regents to prohibit the regents
6universities from imposing certain disciplinary sanctions
7against a student for the possession or consumption of alcohol
8or a controlled substance or possession of drug paraphernalia
9if the student is immune from prosecution pursuant to new Code
10section 701.12. The prohibited disciplinary sanctions are the
11removal from a course, enrollment restrictions in a course
12or program, suspension or expulsion from the university, or
13eviction or exclusion from student housing.
14The bill makes conforming changes.
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2prohibiting certain disciplinary sanctions for persons who
3report, seek, or require emergency assistance for alcohol or
4drug-related overdoses or protection from certain crimes,
5and modifying penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 123.46, Code 2017, is amended by adding
2the following new subsections:
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 2017, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 9. 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 2017, 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 124.401, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 6. A person shall not be charged or
23prosecuted for a violation of subsection 1 or 5 if the person
24is immune from charge or prosecution pursuant to section
25701.12.
26 Sec. 5. Section 124.407, Code 2017, is amended by adding the
27following new unnumbered paragraph:
28 NEW UNNUMBERED PARAGRAPH. A person shall not be charged or
29prosecuted for a violation of this section if the person is
30immune from charge or prosecution pursuant to section 701.12.
31 Sec. 6. Section 124.414, Code 2017, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 4. A person shall not be charged or
34prosecuted for a violation of this section if the person is
35immune from charge or prosecution pursuant to section 701.12.
-1-1 Sec. 7. Section 262.9, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 39. Prohibit an institution of higher
4education under its control from imposing any of the following
5disciplinary sanctions against a student for possession or
6consumption of alcohol or a controlled substance or possession
7of drug paraphernalia if the student is immune from charge or
8prosecution pursuant to section 701.12:
9a. Removal from a course.
10b. Enrollment restrictions in a course or program.
11c. Suspension or expulsion from the university.
12d. Eviction or exclusion from student housing.
13 Sec. 8. Section 321.216B, Code 2017, is amended to read as
14follows:
15321.216B Use of driver’s license or nonoperator’s
16identification card by underage person to obtain alcohol.
171. A person who is under the age of twenty-one, who alters
18or displays or has in the person’s possession a fictitious
19or fraudulently altered driver’s license or nonoperator’s
20identification card and who uses the license to violate or
21attempt to violate section 123.47, commits a simple misdemeanor
22punishable as a scheduled violation under section 805.8A,
23subsection 4. The court shall forward a copy of the conviction
24to the department.
252. A person shall not be charged or prosecuted for a
26violation of this section if the person is immune from charge
27or prosecution pursuant to section 701.12.
28 Sec. 9. Section 321.284, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 3. A person shall not be charged or
31prosecuted for a violation of this section if the person is
32immune from charge or prosecution pursuant to section 701.12.
33 Sec. 10. Section 321.284A, Code 2017, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 6. A person shall not be charged or
-2-1prosecuted for a violation of this section if the person is
2immune from charge or prosecution pursuant to section 701.12.
3 Sec. 11. NEW SECTION. 701.12 Persons seeking emergency
4assistance for overdose or crime victims — immunity.
51. A person shall not be charged or prosecuted for the
6violation of any of the following offenses if the evidence
7for the charge was obtained as a result of the person in good
8faith seeking emergency assistance for the person or another
9person due to an alcohol or drug-related overdose or because
10the person or other person is a victim of a crime prohibited by
11chapter 708, 709, or 710A:
12a. Section 123.46.
13b. Section 123.47, subsection 3 or 4.
14c. Section 124.401, subsection 1 or 5.
15d. Section 124.407.
16e. Section 124.414.
17f. Section 321.216B.
18g. Section 321.284.
19h. Section 321.284A.
202. To be eligible for immunity under this section, the
21reporting person, or persons acting in concert, must do all of
22the following:
23a. Be the first person to seek emergency assistance.
24b. Provide the reporting person’s name and contact
25information to medical or law enforcement personnel.
26c. Remain on the scene until assistance arrives or is
27provided.
28d. Cooperate with medical and law enforcement personnel.
293. The person for whom emergency assistance was sought as
30described in subsection 1 shall not be charged or prosecuted
31for an offense listed in subsection 1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill provides immunity from certain criminal offenses
-3-1and prohibits certain disciplinary sanctions for certain
2persons who seek or require emergency assistance for alcohol or
3drug-related overdoses or protection from certain crimes.
4The bill creates new Code section 701.12, which provides
5that a person shall not be charged or prosecuted for public
6intoxication, possession of alcohol under the legal age,
7possession or use of a controlled substance, possession of
8drug paraphernalia, use of a driver’s license by an underage
9person to obtain alcohol, or possession of an open container in
10a motor vehicle, if the person in good faith sought emergency
11assistance for the person or another person due to an alcohol
12or drug-related overdose or because the person or other
13person is a victim of a crime prohibited by Code chapter 708
14(assault), 709 (sexual abuse), or 710A (human trafficking).
15A person seeking emergency assistance is only eligible for
16immunity if the person, or persons acting in concert, is
17the first person to seek emergency assistance, provides the
18reporting person’s name and contact information to medical
19or law enforcement personnel, remains on the scene until
20assistance arrives or is provided, and cooperates with medical
21and law enforcement personnel. The bill also provides immunity
22to the person for whom emergency assistance was sought.
23Under Code section 232.52, a juvenile court may suspend
24or revoke the driver’s license or operating privilege of a
25person under the age of 18, for a period of one year, who
26has violated Code section 123.46 or 123.47 or Code chapter
27124. Because the bill provides immunity to persons from those
28provisions, a person under the age of 18 who receives immunity
29from prosecution under the bill will not face the loss of such
30person’s driver’s license for one year.
31The bill provides that if a person under the age of 18 is
32discovered consuming or to be in possession of alcohol but
33receives immunity from prosecution under Code section 701.12,
34a peace officer shall notify a juvenile court officer of
35such person’s consumption or possession. Under Code section
-4-1123.47B(2), the juvenile court officer is required to notify
2the person’s custodial parent, legal guardian, or custodian and
3the superintendent of authority in charge of the school the
4person attends of the consumption or possession.
5The bill directs the board of regents to prohibit the regents
6universities from imposing certain disciplinary sanctions
7against a student for the possession or consumption of alcohol
8or a controlled substance or possession of drug paraphernalia
9if the student is immune from prosecution pursuant to new Code
10section 701.12. The prohibited disciplinary sanctions are the
11removal from a course, enrollment restrictions in a course
12or program, suspension or expulsion from the university, or
13eviction or exclusion from student housing.
14The bill makes conforming changes.
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