Bill Text: IA HSB175 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing limited immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons under twenty-one years of age who report, seek, or require emergency assistance for alcohol overdoses or protection from certain crimes, and modifying penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-06 - Committee report, recommending amendment and passage. H.J. 421. [HSB175 Detail]
Download: Iowa-2019-HSB175-Introduced.html
House
Study
Bill
175
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
providing
limited
immunity
from
certain
criminal
1
offenses
and
prohibiting
certain
disciplinary
sanctions
for
2
persons
under
twenty-one
years
of
age
who
report,
seek,
3
or
require
emergency
assistance
for
alcohol
overdoses
or
4
protection
from
certain
crimes,
and
modifying
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
123.46,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
A
person
shall
not
be
charged
or
3
prosecuted
for
a
violation
of
this
section
if
the
person
is
4
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
5
Sec.
2.
Section
123.47,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
5A.
A
person
shall
not
be
charged
or
8
prosecuted
for
a
violation
of
subsection
3
or
4
if
the
person
9
is
immune
from
charge
or
prosecution
pursuant
to
section
10
701.12.
11
Sec.
3.
Section
123.47B,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
1A.
If
a
person
under
the
age
of
14
eighteen
is
discovered
consuming
or
to
be
in
possession
of
15
alcoholic
liquor,
wine,
or
beer,
but
the
person
is
immune
from
16
prosecution
under
section
701.12,
a
peace
officer
shall
make
a
17
reasonable
effort
to
identify
the
person
and
notify
a
juvenile
18
court
officer
of
such
person’s
consumption
or
possession.
19
Sec.
4.
Section
262.9,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
39.
Prohibit
an
institution
of
higher
22
education
under
its
control
from
imposing
any
of
the
following
23
disciplinary
sanctions
against
a
student
for
possession
or
24
consumption
of
alcohol
if
the
student
is
immune
from
charge
or
25
prosecution
pursuant
to
section
701.12:
26
a.
Removal
from
a
course.
27
b.
Enrollment
restrictions
in
a
course
or
program.
28
c.
Suspension
or
expulsion
from
the
university.
29
d.
Eviction
or
exclusion
from
student
housing.
30
Sec.
5.
Section
321.216B,
Code
2019,
is
amended
to
read
as
31
follows:
32
321.216B
Use
of
driver’s
license
or
nonoperator’s
33
identification
card
by
underage
person
to
obtain
alcohol.
34
1.
A
person
who
is
under
the
age
of
twenty-one,
who
alters
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or
displays
or
has
in
the
person’s
possession
a
fictitious
1
or
fraudulently
altered
driver’s
license
or
nonoperator’s
2
identification
card
and
who
uses
the
license
to
violate
or
3
attempt
to
violate
section
123.47
,
commits
a
simple
misdemeanor
4
punishable
as
a
scheduled
violation
under
section
805.8A,
5
subsection
4
.
The
court
shall
forward
a
copy
of
the
conviction
6
to
the
department.
7
2.
A
person
shall
not
be
charged
or
prosecuted
for
a
8
violation
of
this
section
if
the
person
is
immune
from
charge
9
or
prosecution
pursuant
to
section
701.12.
10
Sec.
6.
Section
321.284,
Code
2019,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3.
A
person
shall
not
be
charged
or
13
prosecuted
for
a
violation
of
this
section
if
the
person
is
14
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
15
Sec.
7.
Section
321.284A,
Code
2019,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
6.
A
person
shall
not
be
charged
or
18
prosecuted
for
a
violation
of
this
section
if
the
person
is
19
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
20
Sec.
8.
NEW
SECTION
.
701.12
Persons
under
the
age
of
21
twenty-one
seeking
emergency
assistance
for
overdose
or
crime
22
victims
——
immunity.
23
1.
A
person
under
the
age
of
twenty-one
years
shall
not
be
24
charged
or
prosecuted
for
the
violation
of
any
of
the
following
25
offenses
if
the
evidence
for
the
charge
was
obtained
as
a
26
result
of
the
person
in
good
faith
seeking
emergency
medical
27
assistance
for
the
person
or
another
person
due
to
an
alcohol
28
overdose
or
because
the
person
or
other
person
is
a
victim
of
a
29
crime
prohibited
by
chapter
708,
709,
or
710A:
30
a.
Section
123.46.
31
b.
Section
123.47,
subsection
3
or
4.
32
c.
Section
321.216B.
33
d.
Section
321.284.
34
e.
Section
321.284A.
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2.
To
be
eligible
for
immunity
under
this
section,
the
1
reporting
person,
or
persons
acting
in
concert,
must
do
all
of
2
the
following:
3
a.
Be
the
first
person
to
seek
emergency
assistance.
4
b.
Provide
the
reporting
person’s
name
and
contact
5
information
to
medical
or
law
enforcement
personnel.
6
c.
Remain
on
the
scene
until
assistance
arrives
or
is
7
provided.
8
d.
Cooperate
with
medical
and
law
enforcement
personnel.
9
3.
The
person
for
whom
emergency
assistance
was
sought
as
10
described
in
subsection
1
shall
not
be
charged
or
prosecuted
11
for
an
offense
listed
in
subsection
1.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
immunity
from
certain
alcohol-related
16
criminal
offenses
and
prohibits
certain
disciplinary
sanctions
17
for
certain
persons
who
seek
or
require
emergency
assistance
18
for
alcohol
overdoses
or
protection
from
certain
crimes.
19
The
bill
creates
new
Code
section
701.12,
which
provides
20
that
a
person
under
the
age
of
21
shall
not
be
charged
or
21
prosecuted
for
public
intoxication,
possession
of
alcohol
under
22
the
legal
age,
use
of
a
driver’s
license
by
an
underage
person
23
to
obtain
alcohol,
or
possession
of
an
open
container
in
a
24
motor
vehicle,
if
the
person
in
good
faith
sought
emergency
25
assistance
for
the
person
or
another
person
due
to
an
alcohol
26
overdose
or
because
the
person
or
other
person
is
a
victim
27
of
a
crime
prohibited
by
Code
chapter
708
(assault),
709
28
(sexual
abuse),
or
710A
(human
trafficking).
A
person
seeking
29
emergency
assistance
is
only
eligible
for
immunity
if
the
30
person,
or
persons
acting
in
concert,
is
the
first
person
to
31
seek
emergency
assistance,
provides
the
reporting
person’s
32
name
and
contact
information
to
medical
or
law
enforcement
33
personnel,
remains
on
the
scene
until
assistance
arrives
or
34
is
provided,
and
cooperates
with
medical
and
law
enforcement
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personnel.
The
bill
also
provides
immunity
to
the
person
for
1
whom
emergency
assistance
was
sought.
2
Under
Code
section
232.52,
a
juvenile
court
may
suspend
3
or
revoke
the
driver’s
license
or
operating
privilege
of
a
4
person
under
the
age
of
18,
for
a
period
of
one
year,
who
5
has
violated
Code
section
123.46
or
123.47
or
Code
chapter
6
124.
Because
the
bill
provides
immunity
to
persons
from
those
7
provisions,
a
person
under
the
age
of
18
who
receives
immunity
8
from
prosecution
under
the
bill
will
not
face
the
loss
of
such
9
person’s
driver’s
license
for
one
year.
10
The
bill
provides
that
if
a
person
under
the
age
of
18
is
11
discovered
consuming
or
to
be
in
possession
of
alcohol
but
12
receives
immunity
from
prosecution
under
Code
section
701.12,
13
a
peace
officer
shall
notify
a
juvenile
court
officer
of
14
such
person’s
consumption
or
possession.
Under
Code
section
15
123.47B(2),
the
juvenile
court
officer
is
required
to
notify
16
the
person’s
custodial
parent,
legal
guardian,
or
custodian
and
17
the
superintendent
of
authority
in
charge
of
the
school
the
18
person
attends
of
the
consumption
or
possession.
19
The
bill
directs
the
board
of
regents
to
prohibit
the
regents
20
universities
from
imposing
certain
disciplinary
sanctions
21
against
a
student
for
the
possession
or
consumption
of
alcohol
22
if
the
student
is
immune
from
prosecution
pursuant
to
new
Code
23
section
701.12.
The
prohibited
disciplinary
sanctions
are
the
24
removal
from
a
course,
enrollment
restrictions
in
a
course
25
or
program,
suspension
or
expulsion
from
the
university,
or
26
eviction
or
exclusion
from
student
housing.
27
The
bill
makes
conforming
Code
changes.
28
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