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:
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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.
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