Bill Text: IA HF441 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing immunity from alcohol-related offenses for certain persons under the legal age and modifying penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-02-15 - Passed subcommittee. [HF441 Detail]
Download: Iowa-2015-HF441-Introduced.html
House File 441 - Introduced HOUSE FILE BY OLSON A BILL FOR 1 An Act providing immunity from alcohol=related offenses for 2 certain persons under the legal age and modifying penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2023YH (4) 86 jh/rj PAG LIN 1 1 Section 1. Section 123.47, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 9. a. A person under twenty=one years of 1 4 age shall not be charged or prosecuted under this section if 1 5 the evidence for the charge was obtained as a result of the 1 6 person seeking medical assistance for another person due to 1 7 alcohol consumption. 1 8 b. A person under twenty=one years of age who is in need 1 9 of medical assistance due to alcohol consumption shall not be 1 10 charged or prosecuted under this section if the evidence for 1 11 the charge was obtained as a result of such person or another 1 12 person seeking medical assistance for such person. 1 13 c. This subsection shall not be grounds for suppression of 1 14 evidence in other criminal charges except for violations of 1 15 sections 321.216B, 321.284, and 321.284A. 1 16 Sec. 2. Section 123.47B, Code 2015, is amended by adding the 1 17 following new subsection: 1 18 NEW SUBSECTION. 1A. If a person under the age of 1 19 eighteen is discovered consuming or to be in possession of 1 20 alcoholic liquor, wine, or beer, but the person is immune from 1 21 prosecution under section 123.47, subsection 9, a peace officer 1 22 shall make a reasonable effort to identify the person and 1 23 notify a juvenile court officer of such person's consumption 1 24 or possession. 1 25 Sec. 3. Section 321.216B, Code 2015, is amended to read as 1 26 follows: 1 27 321.216B Use of driver's license or nonoperator's 1 28 identification card by underage person to obtain alcohol. 1 29 1. A person who is under the age of twenty=one, who alters 1 30 or displays or has in the person's possession a fictitious 1 31 or fraudulently altered driver's license or nonoperator's 1 32 identification card and who uses the license to violate or 1 33 attempt to violate section 123.47, commits a simple misdemeanor 1 34 punishable as a scheduled violation under section 805.8A, 1 35 subsection 4. The court shall forward a copy of the conviction 2 1 to the department. 2 2 2. A person who is immune from prosecution under section 2 3 123.47, subsection 9, shall not be charged or prosecuted under 2 4 this section if the evidence for the charge was obtained during 2 5 the same event for which the person is immune under section 2 6 123.47, subsection 9. 2 7 Sec. 4. Section 321.284, Code 2015, is amended by adding the 2 8 following new subsection: 2 9 NEW SUBSECTION. 3. A person who is immune from prosecution 2 10 under section 123.47, subsection 9, shall not be charged or 2 11 prosecuted under this section if the evidence for the charge 2 12 was obtained during the same event for which the person is 2 13 immune under section 123.47, subsection 9. 2 14 Sec. 5. Section 321.284A, Code 2015, is amended by adding 2 15 the following new subsection: 2 16 NEW SUBSECTION. 6. A person who is immune from prosecution 2 17 under section 123.47, subsection 9, shall not be charged or 2 18 prosecuted under this section if the evidence for the charge 2 19 was obtained during the same event for which the person is 2 20 immune under section 123.47, subsection 9. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 This bill provides immunity from alcohol=related offenses 2 25 for persons under the legal age who seek medical assistance for 2 26 a person due to alcohol consumption and for persons under the 2 27 legal age who seek such assistance or for whom such assistance 2 28 is sought. 2 29 Under Code section 123.47, a person under the age of 21 2 30 shall not purchase, consume, or possess alcoholic liquor, wine, 2 31 or beer; shall not sell, give, or otherwise supply alcoholic 2 32 liquor, wine, or beer to a person under the legal age; and 2 33 shall not, if in control of property that is not a licensed 2 34 premises, permit a person under the age of 18 to consume or 2 35 possess any alcoholic liquor, wine, or beer on such property. 3 1 The bill provides immunity from Code section 123.47 for 3 2 underage persons who seek medical assistance for a person 3 3 due to alcohol consumption and to underage persons who seek 3 4 such assistance or for whom such assistance is sought, if the 3 5 evidence for the charge was obtained as a result of the seeking 3 6 of medical assistance. 3 7 Under Code section 232.52, a juvenile court may suspend or 3 8 revoke the driver's license or operating privilege of a person 3 9 under the age of 18, for a period of one year, who has violated 3 10 Code section 123.47. Because the bill provides immunity to 3 11 persons from Code section 123.47, a person under the age of 18 3 12 who receives immunity from prosecution under the bill will not 3 13 face the loss of such person's driver's license for one year. 3 14 The bill provides that if a person is immune from prosecution 3 15 from Code section 123.47, the person is also immune from 3 16 prosecution under Code sections 321.216B (use of driver's 3 17 license or nonoperator's identification card by underage person 3 18 to obtain alcohol), 321.284 (open containers in motor vehicles 3 19 == drivers), and 321.284A (open containers in motor vehicles 3 20 == passengers). 3 21 The bill specifies that the immunity provided shall not 3 22 be grounds to suppress evidence in other criminal charges 3 23 except for violations of Code sections 321.216B, 321.284, and 3 24 321.284A. 3 25 The bill provides that if a person under the age of 18 is 3 26 discovered consuming or to be in possession of alcohol but 3 27 receives immunity from prosecution under Code section 123.47, 3 28 a peace officer shall notify a juvenile court officer of 3 29 such person's consumption or possession. Under Code section 3 30 123.47B(2), the juvenile court officer is required to notify 3 31 the person's custodial parent, legal guardian, or custodian and 3 32 the superintendent of authority in charge of the school the 3 33 person attends of the consumption or possession. LSB 2023YH (4) 86 jh/rj
