Bill Text: IA HSB710 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substance intoxication in public places, and providing penalties.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-16 - Subcommittee returns the bill to Committee without recommendation. Vote Total: 2-0 [HSB710 Detail]
Download: Iowa-2021-HSB710-Introduced.html
House
Study
Bill
710
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
controlled
substance
intoxication
in
public
1
places,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
123.91,
unnumbered
paragraph
1,
Code
1
2022,
is
amended
to
read
as
follows:
2
Unless
otherwise
provided
by
law,
a
person
who
has
been
3
convicted
in
a
criminal
action
in
any
court
of
record
of
4
a
violation
of
a
provision
of
this
chapter
,
except
for
a
5
violation
of
section
123.46
or
124.401H
,
or
a
provision
of
6
the
laws
of
the
United
States
or
of
any
other
state
relating
7
to
alcoholic
liquors,
wine,
or
beer,
and
who
is
thereafter
8
convicted
of
a
subsequent
criminal
offense
against
any
9
provision
of
this
chapter
is
guilty
of
the
following
offenses:
10
Sec.
2.
NEW
SECTION
.
124.401H
Public
intoxication
——
11
controlled
substances
——
notifications
——
expungement.
12
1.
As
used
in
this
section,
unless
the
context
otherwise
13
requires:
14
a.
“Arrest”
means
the
same
as
defined
in
section
804.5
and
15
includes
taking
into
custody
pursuant
to
section
232.19.
16
b.
“Chemical
test”
means
a
test
of
a
person’s
blood
or
urine
17
to
determine
the
presence
of
a
controlled
substance.
18
c.
“Intoxicated”
or
“intoxication”
means
the
condition
of
19
having
physical
or
mental
control
markedly
diminished
by
the
20
effects
of
a
controlled
substance.
21
d.
“Peace
officer”
means
the
same
as
defined
in
section
22
801.4.
23
2.
A
person
shall
not
be
intoxicated
in
a
public
place
while
24
any
amount
of
a
controlled
substance
is
present
in
the
person,
25
as
measured
in
the
person’s
blood
or
urine.
A
person
violating
26
this
subsection
is
guilty
of
a
simple
misdemeanor.
27
3.
When
a
peace
officer
arrests
a
person
on
a
charge
of
28
public
intoxication
due
to
a
controlled
substance
under
this
29
section,
the
peace
officer
shall
inform
the
person
that
the
30
person
may
have
a
chemical
test
administered
at
the
person’s
31
own
expense.
In
a
prosecution
for
public
intoxication
due
to
32
a
controlled
substance,
evidence
of
the
results
of
a
chemical
33
test
performed
under
this
subsection
is
admissible
upon
proof
34
of
a
proper
foundation.
35
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4.
a.
A
peace
officer
shall
make
a
reasonable
effort
to
1
identify
a
person
under
the
age
of
eighteen
who
violates
this
2
section
and
refer
the
person
to
juvenile
court.
3
b.
A
juvenile
court
officer
shall
notify
the
person’s
4
custodial
parent,
legal
guardian,
or
custodian
of
the
5
violation.
In
addition,
the
juvenile
court
officer
shall
6
make
a
reasonable
effort
to
identify
the
elementary
or
7
secondary
school
the
person
attends,
if
any,
and
to
notify
the
8
superintendent
of
the
school
district
or
the
superintendent’s
9
designee,
or
the
authorities
in
charge
of
the
nonpublic
school,
10
of
the
violation.
A
reasonable
attempt
to
notify
the
person
11
includes
but
is
not
limited
to
a
telephone
call
or
notice
by
12
first-class
mail.
13
5.
Upon
the
expiration
of
two
years
following
conviction
for
14
a
violation
of
this
section
or
of
a
similar
local
ordinance,
a
15
person
may
petition
the
court
to
expunge
the
conviction,
and
if
16
the
person
has
had
no
other
criminal
convictions,
other
than
17
local
traffic
violations
or
simple
misdemeanor
violations
of
18
chapter
321
during
the
two-year
period,
the
conviction
shall
19
be
expunged
as
a
matter
of
law.
The
court
shall
enter
an
20
order
that
the
record
of
the
conviction
be
expunged
by
the
21
clerk
of
the
district
court.
Notwithstanding
section
692.2,
22
after
receipt
of
notice
from
the
clerk
of
the
district
court
23
that
a
record
of
conviction
has
been
expunged,
the
record
of
24
conviction
shall
be
removed
from
the
criminal
history
data
25
files
maintained
by
the
department
of
public
safety
if
such
a
26
record
was
maintained
in
the
criminal
history
data
files.
27
Sec.
3.
Section
124.411,
subsection
3,
Code
2022,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
c.
An
offense
under
section
124.401H,
30
subsection
2.
31
Sec.
4.
Section
125.34,
subsection
1,
Code
2022,
is
amended
32
to
read
as
follows:
33
1.
A
person
with
a
substance-related
disorder
due
to
34
intoxication
or
substance-induced
incapacitation
may
come
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voluntarily
to
a
facility
for
emergency
treatment.
A
person
1
who
appears
to
be
intoxicated
or
incapacitated
by
a
substance
2
in
a
public
place
and
in
need
of
help
may
be
taken
to
a
facility
3
by
a
peace
officer
under
section
125.91
.
If
the
person
refuses
4
the
proffered
help,
the
person
may
be
arrested
and
charged
with
5
intoxication
under
section
123.46
or
124.401H
,
if
applicable.
6
Sec.
5.
Section
232.22,
subsection
3,
paragraph
c,
7
subparagraph
(1),
unnumbered
paragraph
1,
Code
2022,
is
amended
8
to
read
as
follows:
9
A
room
in
a
facility
intended
or
used
for
the
detention
of
10
adults
if
there
is
probable
cause
to
believe
that
the
child
has
11
committed
a
delinquent
act
which
if
committed
by
an
adult
would
12
be
a
felony,
or
aggravated
misdemeanor
under
section
708.2
13
or
709.11
,
a
serious
or
aggravated
misdemeanor
under
section
14
321J.2
,
or
a
violation
of
section
123.46
or
124.401H
,
and
if
15
all
of
the
following
apply:
16
Sec.
6.
Section
232.22,
subsection
3,
paragraph
c,
17
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
18
(2)
However,
if
the
child
is
to
be
detained
for
a
violation
19
of
section
123.46
,
124.401H,
or
section
321J.2
,
placement
in
20
a
facility
pursuant
to
this
paragraph
“c”
shall
be
made
only
21
after
an
attempt
has
been
made
to
notify
the
parents
or
legal
22
guardians
of
the
child
and
request
that
the
parents
or
legal
23
guardians
take
custody
of
the
child.
If
the
parents
or
legal
24
guardians
cannot
be
contacted,
or
refuse
to
take
custody
of
the
25
child,
an
attempt
shall
be
made
to
place
the
child
in
another
26
facility,
including
but
not
limited
to
a
local
hospital
or
27
shelter
care
facility.
Also,
a
child
detained
for
a
violation
28
of
section
123.46
,
124.401H,
or
section
321J.2
pursuant
to
this
29
paragraph
“c”
shall
only
be
detained
in
a
facility
with
adequate
30
staff
to
provide
continuous
visual
supervision
of
the
child.
31
Sec.
7.
Section
701.12,
subsection
1,
Code
2022,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
0c.
Section
124.401H.
34
Sec.
8.
Section
901C.3,
subsection
2,
Code
2022,
is
amended
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
0c.
A
conviction
under
section
124.401H.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
intoxication
by
a
controlled
substance
6
in
public
places,
and
provides
penalties.
7
The
bill
provides
that
a
person
shall
not
be
intoxicated
8
in
a
public
place
while
any
amount
of
a
controlled
substance
9
is
present
in
the
person,
as
measured
in
the
person’s
blood
10
or
urine.
A
person
violating
the
bill
is
guilty
of
a
simple
11
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
12
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
13
more
than
$855.
14
The
bill
provides
that
a
peace
officer
making
an
arrest
for
15
public
intoxication
by
a
controlled
substance
shall
inform
the
16
person
that
the
person
may
have
a
chemical
test
administered
17
at
the
person’s
own
expense.
In
a
prosecution
for
public
18
intoxication
by
a
controlled
substance,
evidence
of
the
results
19
of
a
chemical
test
performed
is
admissible
upon
proof
of
a
20
proper
foundation.
21
The
bill
provides
that
a
peace
officer
shall
make
a
22
reasonable
effort
to
identify
a
person
under
the
age
of
18
23
who
violates
the
bill
and
refer
the
person
to
juvenile
court.
24
A
juvenile
court
officer
shall
notify
the
person’s
custodial
25
parent,
legal
guardian,
or
custodian
of
the
violation.
The
26
juvenile
court
officer
shall
make
a
reasonable
effort
to
27
identify
the
elementary
or
secondary
school
the
person
attends,
28
if
any,
and
to
notify
the
superintendent
of
the
school
district
29
or
the
superintendent’s
designee,
or
the
authorities
in
charge
30
of
the
nonpublic
school,
of
the
violation.
31
The
bill
provides
that
upon
the
expiration
of
two
years
32
following
conviction
for
a
violation
of
the
bill,
a
person
may
33
petition
the
court
to
expunge
the
conviction,
and
if
the
person
34
has
had
no
other
criminal
convictions,
other
than
local
traffic
35
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violations
or
simple
misdemeanor
violations
of
Code
chapter
1
321,
the
conviction
shall
be
expunged
as
a
matter
of
law.
2
The
bill
provides
that
a
conviction
under
the
bill
shall
be
3
considered
when
sentencing
a
person
for
a
second
or
subsequent
4
offense
for
a
violation
of
Code
chapter
124
(controlled
5
substances).
6
The
bill
describes
the
facilities
where
a
child
detained
for
7
a
violation
of
the
bill
may
be
held.
8
The
bill
provides
that
a
conviction
under
the
bill
shall
9
not
be
expunged
after
eight
years
under
Code
section
901C.3.
10
However,
the
bill
provides
that
a
conviction
under
the
bill
may
11
be
expunged
after
two
years.
12
The
bill
makes
conforming
Code
changes.
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