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Senate File 415 - 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
4overdoses or protection from certain crimes, and modifying
5penalties.
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 262.9, Code 2017, 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 2017, 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 2017, 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 2017, 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 seeking emergency
22assistance for overdose or crime victims — immunity.
231. A person shall not be charged or prosecuted for the
24violation of any of the following offenses if the evidence
25for the charge was obtained as a result of the person in good
26faith seeking emergency assistance for the person or another
27person due to an alcohol overdose or because the person or
28other person is a victim of a crime prohibited by chapter 708,
29709, or 710A:
30a. Section 123.46.
31b. Section 123.47, subsection 3 or 4.
32c. Section 321.216B.
33d. Section 321.284.
34e. Section 321.284A.
352. To be eligible for immunity under this section, the
-2-1reporting person, or persons acting in concert, must do all of
2the following:
3a. Be the first person to seek emergency assistance.
4b. Provide the reporting person’s name and contact
5information to medical or law enforcement personnel.
6c. Remain on the scene until assistance arrives or is
7provided.
8d. Cooperate with medical and law enforcement personnel.
93. The person for whom emergency assistance was sought as
10described in subsection 1 shall not be charged or prosecuted
11for an offense listed in subsection 1.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides immunity from certain alcohol-related
16criminal offenses and prohibits certain disciplinary sanctions
17for certain persons who seek or require emergency assistance
18for alcohol overdoses or protection from certain crimes.
19The bill creates new Code section 701.12, which provides
20that a person shall not be charged or prosecuted for public
21intoxication, possession of alcohol under the legal age, use
22of a driver’s license by an underage person to obtain alcohol,
23or possession of an open container in a motor vehicle, if
24the person in good faith sought emergency assistance for the
25person or another person due to an alcohol overdose or because
26the person or other person is a victim of a crime prohibited
27by Code chapter 708 (assault), 709 (sexual abuse), or 710A
28(human trafficking). A person seeking emergency assistance is
29only eligible for immunity if the person, or persons acting
30in concert, is the first person to seek emergency assistance,
31provides the reporting person’s name and contact information
32to medical or law enforcement personnel, remains on the scene
33until assistance arrives or is provided, and cooperates with
34medical and law enforcement personnel. The bill also provides
35immunity to the person for whom emergency assistance was
-3-1sought.
2Under Code section 232.52, a juvenile court may suspend
3or revoke the driver’s license or operating privilege of a
4person under the age of 18, for a period of one year, who
5has violated Code section 123.46 or 123.47 or Code chapter
6124. Because the bill provides immunity to persons from those
7provisions, a person under the age of 18 who receives immunity
8from prosecution under the bill will not face the loss of such
9person’s driver’s license for one year.
10The bill provides that if a person under the age of 18 is
11discovered consuming or to be in possession of alcohol but
12receives immunity from prosecution under Code section 701.12,
13a peace officer shall notify a juvenile court officer of
14such person’s consumption or possession. Under Code section
15123.47B(2), the juvenile court officer is required to notify
16the person’s custodial parent, legal guardian, or custodian and
17the superintendent of authority in charge of the school the
18person attends of the consumption or possession.
19The bill directs the board of regents to prohibit the regents
20universities from imposing certain disciplinary sanctions
21against a student for the possession or consumption of alcohol
22if the student is immune from prosecution pursuant to new Code
23section 701.12. The prohibited disciplinary sanctions are the
24removal from a course, enrollment restrictions in a course
25or program, suspension or expulsion from the university, or
26eviction or exclusion from student housing.
27The bill makes conforming changes.
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2prohibiting certain disciplinary sanctions for persons who
3report, seek, or require emergency assistance for alcohol
4overdoses or protection from certain crimes, and modifying
5penalties.
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 262.9, Code 2017, 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 2017, 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 2017, 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 2017, 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 seeking emergency
22assistance for overdose or crime victims — immunity.
231. A person shall not be charged or prosecuted for the
24violation of any of the following offenses if the evidence
25for the charge was obtained as a result of the person in good
26faith seeking emergency assistance for the person or another
27person due to an alcohol overdose or because the person or
28other person is a victim of a crime prohibited by chapter 708,
29709, or 710A:
30a. Section 123.46.
31b. Section 123.47, subsection 3 or 4.
32c. Section 321.216B.
33d. Section 321.284.
34e. Section 321.284A.
352. To be eligible for immunity under this section, the
-2-1reporting person, or persons acting in concert, must do all of
2the following:
3a. Be the first person to seek emergency assistance.
4b. Provide the reporting person’s name and contact
5information to medical or law enforcement personnel.
6c. Remain on the scene until assistance arrives or is
7provided.
8d. Cooperate with medical and law enforcement personnel.
93. The person for whom emergency assistance was sought as
10described in subsection 1 shall not be charged or prosecuted
11for an offense listed in subsection 1.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides immunity from certain alcohol-related
16criminal offenses and prohibits certain disciplinary sanctions
17for certain persons who seek or require emergency assistance
18for alcohol overdoses or protection from certain crimes.
19The bill creates new Code section 701.12, which provides
20that a person shall not be charged or prosecuted for public
21intoxication, possession of alcohol under the legal age, use
22of a driver’s license by an underage person to obtain alcohol,
23or possession of an open container in a motor vehicle, if
24the person in good faith sought emergency assistance for the
25person or another person due to an alcohol overdose or because
26the person or other person is a victim of a crime prohibited
27by Code chapter 708 (assault), 709 (sexual abuse), or 710A
28(human trafficking). A person seeking emergency assistance is
29only eligible for immunity if the person, or persons acting
30in concert, is the first person to seek emergency assistance,
31provides the reporting person’s name and contact information
32to medical or law enforcement personnel, remains on the scene
33until assistance arrives or is provided, and cooperates with
34medical and law enforcement personnel. The bill also provides
35immunity to the person for whom emergency assistance was
-3-1sought.
2Under Code section 232.52, a juvenile court may suspend
3or revoke the driver’s license or operating privilege of a
4person under the age of 18, for a period of one year, who
5has violated Code section 123.46 or 123.47 or Code chapter
6124. Because the bill provides immunity to persons from those
7provisions, a person under the age of 18 who receives immunity
8from prosecution under the bill will not face the loss of such
9person’s driver’s license for one year.
10The bill provides that if a person under the age of 18 is
11discovered consuming or to be in possession of alcohol but
12receives immunity from prosecution under Code section 701.12,
13a peace officer shall notify a juvenile court officer of
14such person’s consumption or possession. Under Code section
15123.47B(2), the juvenile court officer is required to notify
16the person’s custodial parent, legal guardian, or custodian and
17the superintendent of authority in charge of the school the
18person attends of the consumption or possession.
19The bill directs the board of regents to prohibit the regents
20universities from imposing certain disciplinary sanctions
21against a student for the possession or consumption of alcohol
22if the student is immune from prosecution pursuant to new Code
23section 701.12. The prohibited disciplinary sanctions are the
24removal from a course, enrollment restrictions in a course
25or program, suspension or expulsion from the university, or
26eviction or exclusion from student housing.
27The bill makes conforming changes.
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