Bill Text: IA SF2146 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the underage possession or consumption of alcohol and providing penalties. (See SF 2310.)
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-13 - Subcommittee, Hogg, Dvorsky, and Whitver. S.J. 256. [SF2146 Detail]
Download: Iowa-2013-SF2146-Introduced.html
Senate
File
2146
-
Introduced
SENATE
FILE
2146
BY
BOWMAN
and
SCHOENJAHN
A
BILL
FOR
An
Act
relating
to
the
underage
possession
or
consumption
of
1
alcohol
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2146
Section
1.
Section
123.47,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
Except
for
the
purposes
described
in
3
subsection
2,
a
person
who
is
the
owner
or
lessee
of,
or
who
4
otherwise
has
control
over,
property
that
is
not
a
licensed
5
premises,
shall
not
permit
any
person,
knowing
or
having
6
reasonable
cause
to
believe
the
person
to
be
under
legal
age,
7
to
consume
or
possess
on
such
property
any
alcoholic
liquor,
8
wine,
or
beer.
9
Sec.
2.
Section
123.47,
subsection
2,
Code
2014,
is
amended
10
to
read
as
follows:
11
2.
A
person
or
persons
under
legal
age
shall
not
purchase
or
12
attempt
to
purchase,
consume,
or
individually
or
jointly
have
13
alcoholic
liquor,
wine,
or
beer
in
their
possession
or
control;
14
except
in
the
case
of
liquor,
wine,
or
beer
given
or
dispensed
15
to
a
person
under
legal
age
within
a
private
home
and
with
the
16
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
17
beverage
or
medicinal
purposes
or
as
administered
to
the
person
18
by
either
a
physician
or
dentist
for
medicinal
purposes
and
19
except
to
the
extent
that
a
person
under
legal
age
may
handle
20
alcoholic
beverages,
wine,
and
beer
during
the
regular
course
21
of
the
person’s
employment
by
a
liquor
control
licensee,
or
22
wine
or
beer
permittee
under
this
chapter
.
23
Sec.
3.
Section
123.47,
subsection
3,
paragraph
a,
24
unnumbered
paragraph
1,
Code
2014,
is
amended
to
read
as
25
follows:
26
A
person
who
is
eighteen,
nineteen,
or
twenty
years
of
27
age,
other
than
a
licensee
or
permittee,
who
violates
this
28
section
regarding
the
purchase
of
,
or
attempt
to
purchase
,
or
29
consumption
of
alcoholic
liquor,
wine,
or
beer,
or
possessing
30
or
having
control
of
alcoholic
liquor,
wine,
or
beer,
or
31
permitting
under
legal
age
consumption
or
possession
on
certain
32
property
commits
the
following:
33
Sec.
4.
Section
123.47,
subsection
3,
paragraph
a,
34
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
35
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(1)
A
simple
misdemeanor
punishable
as
a
scheduled
1
violation
under
section
805.8C,
subsection
7
.
Notwithstanding
2
section
903.1,
the
court,
in
lieu
of
ordering
payment
of
a
3
scheduled
fine,
may
suspend
the
fine
and
order
the
person
who
4
is
eighteen,
nineteen,
or
twenty
years
of
age
to
receive
a
5
substance
abuse
evaluation
by
a
program
licensed
to
provide
6
services
pursuant
to
section
125.13.
7
Sec.
5.
Section
123.47,
subsection
4,
Code
2014,
is
amended
8
to
read
as
follows:
9
4.
Except
as
otherwise
provided
in
subsections
5
and
6
,
a
10
person
who
is
of
legal
age,
other
than
a
licensee
or
permittee,
11
who
sells,
gives,
or
otherwise
supplies
alcoholic
liquor,
wine,
12
or
beer
to
a
person
who
is
under
legal
age
in
violation
of
this
13
section
,
or
permits
under
legal
age
consumption
or
possession
14
on
certain
property,
commits
a
serious
misdemeanor
punishable
15
by
a
minimum
fine
of
five
hundred
dollars.
16
Sec.
6.
Section
123.47B,
Code
2014,
is
amended
to
read
as
17
follows:
18
123.47B
Parental
and
school
notification
——
persons
under
19
eighteen
years
of
age.
20
1.
A
peace
officer
shall
make
a
reasonable
effort
to
21
identify
a
person
under
the
age
of
eighteen
discovered
22
consuming
or
to
be
in
possession
of
alcoholic
liquor,
wine,
or
23
beer
in
violation
of
section
123.47
and
refer
the
person
to
24
juvenile
court.
25
2.
The
juvenile
court
officer
shall
notify
the
person’s
26
custodial
parent,
legal
guardian,
or
custodian
of
the
27
violation.
In
addition,
the
juvenile
court
shall
also
make
28
a
reasonable
effort
to
identify
the
elementary
or
secondary
29
school
which
the
person
attends
if
the
person
is
enrolled
in
30
elementary
or
secondary
school
and
to
notify
the
superintendent
31
or
the
superintendent’s
designee
of
the
school
which
the
person
32
attends,
or
the
authorities
in
charge
of
the
nonpublic
school
33
which
the
person
attends,
of
the
consumption
or
possession.
A
34
reasonable
attempt
to
notify
the
person
includes
but
is
not
35
-2-
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2146
limited
to
a
telephone
call
or
notice
by
first-class
mail.
1
Sec.
7.
Section
232.52,
subsection
2,
paragraph
a,
2
subparagraph
(4),
subparagraph
division
(a),
subparagraph
3
subdivision
(ii),
Code
2014,
is
amended
to
read
as
follows:
4
(ii)
Section
123.47
regarding
the
purchase
,
or
attempt
to
5
purchase
,
or
consumption
of
alcoholic
beverages.
6
Sec.
8.
Section
232.52,
subsection
2,
paragraph
a,
7
subparagraph
(4),
subparagraph
division
(a),
subparagraph
8
subdivision
(vi),
Code
2014,
is
amended
to
read
as
follows:
9
(vi)
Two
or
more
violations
of
section
123.47
regarding
the
10
consumption
or
possession
of
alcoholic
beverages.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
underage
possession
or
consumption
15
of
alcohol
and
provides
penalties.
16
Under
the
bill,
a
person
who
is
the
owner
or
lessee
of,
or
17
who
otherwise
has
control
over,
property
that
is
not
a
licensed
18
premises,
shall
not
permit
an
under
legal
age
person
to
consume
19
or
possess
an
alcoholic
beverage
on
such
property.
20
The
bill
amends
Code
section
123.47
to
specify
that
a
person
21
under
legal
age
(under
21)
in
Iowa
is
prohibited
from
consuming
22
alcoholic
liquor,
wine,
or
beer,
subject
to
certain
exceptions
23
(if
consumed
in
a
private
home
with
the
knowledge,
presence,
24
and
consent
of
the
underage
person’s
parent
or
guardian,
for
25
beverage
or
medicinal
purposes
or
as
administered
to
the
person
26
by
either
a
physician
or
dentist
for
medicinal
purposes,
and
to
27
the
extent
that
a
person
under
legal
age
may
handle
alcoholic
28
beverages,
wine,
and
beer
during
the
regular
course
of
the
29
person’s
employment
by
a
liquor
control
licensee,
or
wine
30
or
beer
permittee
under
Code
chapter
123).
The
bill
makes
31
conforming
changes.
32
For
a
first
offense,
a
person
who
is
18,
19,
or
20
who
33
permits
under
legal
age
consumption
or
possession
in
violation
34
of
the
bill
commits
a
simple
misdemeanor
punishable
as
a
35
-3-
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2146
scheduled
violation
under
Code
section
805.8C,
subsection
7;
1
for
a
second
offense
a
person
commits
a
simple
misdemeanor
2
punishable
by
a
fine
of
$500;
and
for
a
third
or
subsequent
3
offense
the
person
commits
a
simple
misdemeanor
punishable
by
4
a
fine
of
$500
and
suspension
of
the
person’s
motor
vehicle
5
operating
privileges
for
up
to
one
year.
6
The
court,
for
a
first
offense
by
a
person
who
is
18,
19,
7
or
20,
may
suspend
the
payment
of
a
scheduled
fine
and
order
8
the
person
who
is
18,
19,
or
20
to
receive
a
substance
abuse
9
evaluation
by
a
program
licensed
to
provide
services
pursuant
10
to
Code
section
125.13.
11
A
person
of
legal
age
who
permits
under
legal
age
consumption
12
or
possession
in
violation
of
the
bill
commits
a
serious
13
misdemeanor
punishable
by
a
minimum
fine
of
$500.
14
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