Bill Text: IA SF2310 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act relating to the underage possession or consumption of alcohol and providing penalties. (Formerly SF 2146.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-24 - Signed by Governor. S.J. 851. [SF2310 Detail]
Download: Iowa-2013-SF2310-Enrolled.html
Senate
File
2310
AN
ACT
RELATING
TO
THE
UNDERAGE
POSSESSION
OR
CONSUMPTION
OF
ALCOHOL
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.47,
Code
2014,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
a.
Except
for
the
purposes
described
in
subsection
2,
a
person
who
is
the
owner
or
lessee
of,
or
who
otherwise
has
control
over,
property
that
is
not
a
licensed
premises,
shall
not
knowingly
permit
any
person,
knowing
or
having
reasonable
cause
to
believe
the
person
to
be
under
the
age
of
eighteen,
to
consume
or
possess
on
such
property
any
alcoholic
liquor,
wine,
or
beer.
b.
A
person
who
violates
this
subsection
commits
the
following:
(1)
For
a
first
offense,
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8C,
subsection
7A.
(2)
For
a
second
or
subsequent
offense,
a
simple
misdemeanor
punishable
by
a
fine
of
five
hundred
dollars.
c.
This
subsection
shall
not
apply
to
any
of
the
following:
(1)
A
landlord
or
manager
of
the
property.
(2)
A
person
under
legal
age
who
consumes
or
possesses
any
alcoholic
liquor,
wine,
or
beer
in
connection
with
a
religious
observance,
ceremony,
or
right.
Sec.
2.
Section
123.47,
subsection
2,
Code
2014,
is
amended
to
read
as
follows:
2.
A
person
or
persons
under
legal
age
shall
not
purchase
or
attempt
to
purchase,
consume,
or
individually
or
jointly
have
alcoholic
liquor,
wine,
or
beer
in
their
possession
or
control;
except
in
the
case
of
liquor,
wine,
or
beer
given
or
dispensed
Senate
File
2310,
p.
2
to
a
person
under
legal
age
within
a
private
home
and
with
the
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
beverage
or
medicinal
purposes
or
as
administered
to
the
person
by
either
a
physician
or
dentist
for
medicinal
purposes
and
except
to
the
extent
that
a
person
under
legal
age
may
handle
alcoholic
beverages,
wine,
and
beer
during
the
regular
course
of
the
person’s
employment
by
a
liquor
control
licensee,
or
wine
or
beer
permittee
under
this
chapter
.
Sec.
3.
Section
123.47,
subsection
3,
paragraph
a,
unnumbered
paragraph
1,
Code
2014,
is
amended
to
read
as
follows:
A
person
who
is
eighteen,
nineteen,
or
twenty
years
of
age,
other
than
a
licensee
or
permittee,
who
violates
this
section
regarding
the
purchase
of
,
or
attempt
to
purchase
,
or
consumption
of
alcoholic
liquor,
wine,
or
beer,
or
possessing
or
having
control
of
alcoholic
liquor,
wine,
or
beer,
commits
the
following:
Sec.
4.
Section
123.47B,
Code
2014,
is
amended
to
read
as
follows:
123.47B
Parental
and
school
notification
——
persons
under
eighteen
years
of
age.
1.
A
peace
officer
shall
make
a
reasonable
effort
to
identify
a
person
under
the
age
of
eighteen
discovered
consuming
or
to
be
in
possession
of
alcoholic
liquor,
wine,
or
beer
in
violation
of
section
123.47
and
refer
the
person
to
juvenile
court.
2.
The
juvenile
court
officer
shall
notify
the
person’s
custodial
parent,
legal
guardian,
or
custodian
of
the
violation.
In
addition,
the
juvenile
court
shall
also
make
a
reasonable
effort
to
identify
the
elementary
or
secondary
school
which
the
person
attends
if
the
person
is
enrolled
in
elementary
or
secondary
school
and
to
notify
the
superintendent
or
the
superintendent’s
designee
of
the
school
which
the
person
attends,
or
the
authorities
in
charge
of
the
nonpublic
school
which
the
person
attends,
of
the
consumption
or
possession.
A
reasonable
attempt
to
notify
the
person
includes
but
is
not
limited
to
a
telephone
call
or
notice
by
first-class
mail.
Sec.
5.
Section
232.52,
subsection
2,
paragraph
a,
subparagraph
(4),
subparagraph
division
(a),
subparagraph
subdivision
(ii),
Code
2014,
is
amended
to
read
as
follows:
(ii)
Section
123.47
regarding
the
purchase
,
or
attempt
to
purchase
,
or
consumption
of
alcoholic
beverages.
Sec.
6.
Section
232.52,
subsection
2,
paragraph
a,
Senate
File
2310,
p.
3
subparagraph
(4),
subparagraph
division
(a),
subparagraph
subdivision
(vi),
Code
2014,
is
amended
to
read
as
follows:
(vi)
Two
or
more
violations
of
section
123.47
regarding
the
consumption
or
possession
of
alcoholic
beverages.
Sec.
7.
Section
805.8C,
Code
2014,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7A.
Unlicensed
premises
owner
——
under
eighteen
years
of
age
consumption
or
possession.
For
first
offense
violations
of
section
123.47,
subsection
1A,
the
scheduled
fine
is
two
hundred
dollars.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2310,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor
