Bill Text: IA HSB12 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A study bill relating to the possession of alcohol by certain minors and juvenile court jurisdiction, and making penalties applicable.

Spectrum: Unknown

Status: (N/A - Dead) 2013-02-12 - Voted - Judiciary. [HSB12 Detail]

Download: Iowa-2013-HSB12-Introduced.html
House Study Bill 12 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the possession of alcohol by certain minors 1 and juvenile court jurisdiction, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1321YC (2) 85 rh/nh
H.F. _____ Section 1. Section 123.47, subsection 3, paragraph c, Code 1 2013, is amended to read as follows: 2 c. If the person who commits a violation of this section 3 is under the age of eighteen, the matter shall be disposed 4 of in the manner provided in chapter 232 . However, if the 5 juvenile court waives its jurisdiction over the person pursuant 6 to section 232.45 so that the person may be prosecuted as an 7 adult, or if the person appears in adult court for a violation 8 of this section that occurred prior to having reached the age 9 of eighteen and no transfer of jurisdiction to the juvenile 10 court is ordered pursuant to section 803.5, then the penalty 11 for a violation of this section shall be as set forth in 12 paragraphs “a” and “b” . 13 EXPLANATION 14 This bill relates to the possession of alcohol by certain 15 minors and juvenile court jurisdiction and makes penalties 16 applicable. 17 Current law provides that a person who is 18, 19, or 20 18 years of age, other than a licensee or permittee under the 19 alcoholic beverages laws, who purchases, attempts to purchase, 20 or possesses alcohol commits a simple misdemeanor punishable 21 by a scheduled fine of $200 for a first offense, a simple 22 misdemeanor punishable by a $500 fine and a substance abuse 23 evaluation or the suspension of the person’s motor vehicle 24 operating privileges for a period not to exceed one year for a 25 second offense, or a simple misdemeanor punishable by a $500 26 fine and the suspension of the person’s motor vehicle operating 27 privileges for a period not to exceed one year for a third or 28 subsequent offense. A person who is under the age of 18 who 29 commits a violation of this law is referred to juvenile court. 30 The bill provides that if the juvenile court waives its 31 jurisdiction over a person who is under the age of 18 pursuant 32 to Code section 232.45 so that the person may be prosecuted 33 as an adult, or if the person appears in adult court for a 34 violation of this law that occurred before the person turned 35 -1- LSB 1321YC (2) 85 rh/nh 1/ 2
H.F. _____ 18 and no transfer of jurisdiction to the juvenile court is 1 ordered pursuant to Code section 803.5, then the penalty for 2 such a violation is the same as for a person who is 18, 19, or 3 20 years of age who violates this law. 4 -2- LSB 1321YC (2) 85 rh/nh 2/ 2
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