Bill Text: IA HF2052 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to persons under the influence of controlled substances in public places, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-16 - Introduced, referred to Public Safety. H.J. 92. [HF2052 Detail]
Download: Iowa-2023-HF2052-Introduced.html
House
File
2052
-
Introduced
HOUSE
FILE
2052
BY
JONES
A
BILL
FOR
An
Act
relating
to
persons
under
the
influence
of
controlled
1
substances
in
public
places,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5091YH
(6)
90
as/js
H.F.
2052
Section
1.
NEW
SECTION
.
124.401H
Public
intoxication
——
1
controlled
substances
——
notifications
——
expungement.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Arrest”
means
the
same
as
defined
in
section
804.5
and
5
includes
taking
into
custody
pursuant
to
section
232.19.
6
b.
“Chemical
test”
means
a
test
of
a
person’s
blood
or
urine
7
to
determine
the
presence
of
a
controlled
substance.
8
c.
“Intoxicated”
or
“intoxication”
means
the
condition
of
9
having
physical
or
mental
control
markedly
diminished
by
the
10
effects
of
a
controlled
substance.
11
d.
“Peace
officer”
means
the
same
as
defined
in
section
12
801.4.
13
2.
a.
A
person
in
a
public
place
shall
not
be
under
the
14
influence
of
a
controlled
substance
or
have
any
amount
of
15
a
controlled
substance
present
in
the
person,
as
measured
16
in
the
person’s
blood
or
urine.
A
person
violating
this
17
subsection
commits
public
intoxication
and
is
guilty
of
a
18
simple
misdemeanor.
19
b.
This
subsection
does
not
apply
to
a
person
under
20
the
influence
of
a
controlled
substance
if
the
controlled
21
substance
was
prescribed
for
the
person
and
was
taken
under
the
22
prescription
and
in
accordance
with
the
directions
of
a
medical
23
practitioner,
as
defined
in
chapter
155A,
or
if
the
substance
24
was
dispensed
by
a
pharmacist
without
a
prescription
pursuant
25
to
the
rules
of
the
board
of
pharmacy.
26
3.
When
a
peace
officer
arrests
a
person
on
a
charge
of
27
public
intoxication
due
to
a
controlled
substance
under
this
28
section,
the
peace
officer
shall
inform
the
person
that
the
29
person
may
have
a
chemical
test
administered
at
the
person’s
30
own
expense.
In
a
prosecution
for
public
intoxication
due
to
31
a
controlled
substance,
evidence
of
the
results
of
a
chemical
32
test
performed
under
this
subsection
is
admissible
upon
proof
33
of
a
proper
foundation.
34
4.
a.
A
peace
officer
shall
make
a
reasonable
effort
to
35
-1-
LSB
5091YH
(6)
90
as/js
1/
5
H.F.
2052
identify
a
person
under
the
age
of
eighteen
who
violates
this
1
section
and
refer
the
person
to
juvenile
court.
2
b.
A
juvenile
court
officer
shall
notify
the
person’s
3
custodial
parent,
legal
guardian,
or
custodian
of
the
4
violation.
In
addition,
the
juvenile
court
officer
shall
5
make
a
reasonable
effort
to
identify
the
elementary
or
6
secondary
school
the
person
attends,
if
any,
and
to
notify
the
7
superintendent
of
the
school
district
or
the
superintendent’s
8
designee,
or
the
authorities
in
charge
of
the
nonpublic
school,
9
of
the
violation.
A
reasonable
attempt
to
notify
the
person
10
includes
but
is
not
limited
to
a
telephone
call
or
notice
by
11
first-class
mail.
12
5.
Upon
the
expiration
of
two
years
following
conviction
for
13
a
violation
of
this
section
or
of
a
similar
local
ordinance,
a
14
person
may
petition
the
court
to
expunge
the
conviction.
If
15
the
person
has
had
no
other
criminal
convictions,
other
than
16
local
traffic
violations
or
simple
misdemeanor
violations
of
17
chapter
321
during
the
two-year
period,
the
conviction
shall
18
be
expunged
as
a
matter
of
law.
The
court
shall
enter
an
19
order
that
the
record
of
the
conviction
be
expunged
by
the
20
clerk
of
the
district
court.
Notwithstanding
section
692.2,
21
after
receipt
of
notice
from
the
clerk
of
the
district
court
22
that
a
record
of
conviction
has
been
expunged,
the
record
of
23
conviction
shall
be
removed
from
the
criminal
history
data
24
files
maintained
by
the
department
of
public
safety
if
such
a
25
record
was
maintained
in
the
criminal
history
data
files.
26
Sec.
2.
Section
124.411,
subsection
3,
Code
2024,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
c.
An
offense
under
section
124.401H,
29
subsection
2.
30
Sec.
3.
Section
125.34,
subsection
1,
Code
2024,
is
amended
31
to
read
as
follows:
32
1.
A
person
with
a
substance
use
disorder
due
to
33
intoxication
or
substance-induced
incapacitation
may
come
34
voluntarily
to
a
facility
for
emergency
treatment.
A
person
35
-2-
LSB
5091YH
(6)
90
as/js
2/
5
H.F.
2052
who
appears
to
be
intoxicated
or
incapacitated
by
a
substance
1
in
a
public
place
and
in
need
of
help
may
be
taken
to
a
facility
2
by
a
peace
officer
under
section
125.91
.
If
the
person
refuses
3
the
proffered
help,
the
person
may
be
arrested
and
charged
with
4
intoxication
under
section
123.46
or
124.401H
,
if
applicable.
5
Sec.
4.
Section
232.22,
subsection
3,
paragraph
c,
6
subparagraph
(1),
unnumbered
paragraph
1,
Code
2024,
is
amended
7
to
read
as
follows:
8
A
room
in
a
facility
intended
or
used
for
the
detention
of
9
adults
if
there
is
probable
cause
to
believe
that
the
child
has
10
committed
a
delinquent
act
which
if
committed
by
an
adult
would
11
be
a
felony,
or
aggravated
misdemeanor
under
section
708.2
12
or
709.11
,
a
serious
or
aggravated
misdemeanor
under
section
13
321J.2
,
or
a
violation
of
section
123.46
or
124.401H
,
and
if
14
all
of
the
following
apply:
15
Sec.
5.
Section
232.22,
subsection
3,
paragraph
c,
16
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
17
(2)
However,
if
the
child
is
to
be
detained
for
a
violation
18
of
section
123.46
,
124.401H,
or
section
321J.2
,
placement
in
19
a
facility
pursuant
to
this
paragraph
“c”
shall
be
made
only
20
after
an
attempt
has
been
made
to
notify
the
parents
or
legal
21
guardians
of
the
child
and
request
that
the
parents
or
legal
22
guardians
take
custody
of
the
child.
If
the
parents
or
legal
23
guardians
cannot
be
contacted,
or
refuse
to
take
custody
of
the
24
child,
an
attempt
shall
be
made
to
place
the
child
in
another
25
facility,
including
but
not
limited
to
a
local
hospital
or
26
shelter
care
facility.
Also,
a
child
detained
for
a
violation
27
of
section
123.46
,
124.401H,
or
section
321J.2
pursuant
to
this
28
paragraph
“c”
shall
only
be
detained
in
a
facility
with
adequate
29
staff
to
provide
continuous
visual
supervision
of
the
child.
30
Sec.
6.
Section
701.12,
subsection
1,
Code
2024,
is
amended
31
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
0c.
Section
124.401H.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
-3-
LSB
5091YH
(6)
90
as/js
3/
5
H.F.
2052
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
intoxication
by
a
controlled
substance
2
in
public
places,
and
provides
penalties.
3
The
bill
provides
that
a
person
in
a
public
place
shall
4
not
be
under
the
influence
of
a
controlled
substance
or
have
5
any
amount
of
a
controlled
substance
present
in
the
person,
6
as
measured
in
the
person’s
blood
or
urine.
The
bill
does
7
not
apply
to
a
person
under
the
influence
of
a
controlled
8
substance
prescribed
for
the
person
and
taken
as
directed
by
9
a
medical
practitioner
or
if
the
substance
was
dispensed
by
a
10
pharmacist
without
a
prescription
pursuant
to
the
rules
of
the
11
board
of
pharmacy.
A
person
violating
the
bill
commits
public
12
intoxication
and
is
guilty
of
a
simple
misdemeanor.
A
simple
13
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
14
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
15
The
bill
provides
that
a
peace
officer
making
an
arrest
for
16
public
intoxication
by
a
controlled
substance
shall
inform
the
17
person
that
the
person
may
have
a
chemical
test
administered
18
at
the
person’s
own
expense.
In
a
prosecution
for
public
19
intoxication
due
to
a
controlled
substance,
evidence
of
the
20
results
of
a
chemical
test
performed
is
admissible
upon
proof
21
of
a
proper
foundation.
22
The
bill
provides
that
a
peace
officer
shall
make
a
23
reasonable
effort
to
identify
a
person
under
the
age
of
18
24
who
violates
the
bill
and
refer
the
person
to
juvenile
court.
25
A
juvenile
court
officer
shall
notify
the
person’s
custodial
26
parent,
legal
guardian,
or
custodian
of
the
violation.
The
27
juvenile
court
officer
shall
make
a
reasonable
effort
to
28
identify
the
elementary
or
secondary
school
the
person
attends,
29
if
any,
and
to
notify
the
superintendent
of
the
school
district
30
or
the
superintendent’s
designee,
or
the
authorities
in
charge
31
of
the
nonpublic
school,
of
the
violation.
32
The
bill
provides
that
upon
the
expiration
of
two
years
33
following
conviction
for
a
violation
of
the
bill,
a
person
may
34
petition
the
court
to
expunge
the
conviction.
If
the
person
35
-4-
LSB
5091YH
(6)
90
as/js
4/
5
H.F.
2052
has
had
no
other
criminal
convictions,
other
than
local
traffic
1
violations
or
simple
misdemeanor
violations
of
Code
chapter
2
321,
the
conviction
shall
be
expunged
as
a
matter
of
law.
3
The
bill
provides
that
consideration
of
a
second
or
4
subsequent
offense
for
purposes
of
sentencing
for
a
violation
5
of
Code
chapter
124
(controlled
substances)
does
not
apply
to
a
6
violation
of
the
bill.
7
The
bill
describes
the
facilities
where
a
child
detained
for
8
a
violation
of
the
bill
may
be
held.
9
The
bill
makes
conforming
Code
changes.
10
-5-
LSB
5091YH
(6)
90
as/js
5/
5