Bill Text: IA SF2310 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Senate
File
2310
-
Introduced
SENATE
FILE
2310
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2146)
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
TLSB
5618SV
(2)
85
rh/nh
S.F.
2310
Section
1.
Section
123.47,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
a.
Except
for
the
purposes
described
3
in
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
knowingly
permit
any
person,
knowing
or
6
having
reasonable
cause
to
believe
the
person
to
be
under
legal
7
age,
to
consume
or
possess
on
such
property
any
alcoholic
8
liquor,
wine,
or
beer.
9
b.
A
person
who
violates
this
subsection
commits
the
10
following:
11
(1)
For
a
first
offense,
a
simple
misdemeanor
punishable
as
12
a
scheduled
violation
under
section
805.8C,
subsection
7A.
13
(2)
For
a
second
or
subsequent
offense,
a
simple
misdemeanor
14
punishable
by
a
fine
of
five
hundred
dollars.
15
Sec.
2.
Section
123.47,
subsection
2,
Code
2014,
is
amended
16
to
read
as
follows:
17
2.
A
person
or
persons
under
legal
age
shall
not
purchase
or
18
attempt
to
purchase,
consume,
or
individually
or
jointly
have
19
alcoholic
liquor,
wine,
or
beer
in
their
possession
or
control;
20
except
in
the
case
of
liquor,
wine,
or
beer
given
or
dispensed
21
to
a
person
under
legal
age
within
a
private
home
and
with
the
22
knowledge,
presence,
and
consent
of
the
parent
or
guardian,
for
23
beverage
or
medicinal
purposes
or
as
administered
to
the
person
24
by
either
a
physician
or
dentist
for
medicinal
purposes
and
25
except
to
the
extent
that
a
person
under
legal
age
may
handle
26
alcoholic
beverages,
wine,
and
beer
during
the
regular
course
27
of
the
person’s
employment
by
a
liquor
control
licensee,
or
28
wine
or
beer
permittee
under
this
chapter
.
29
Sec.
3.
Section
123.47,
subsection
3,
paragraph
a,
30
unnumbered
paragraph
1,
Code
2014,
is
amended
to
read
as
31
follows:
32
A
person
who
is
eighteen,
nineteen,
or
twenty
years
of
33
age,
other
than
a
licensee
or
permittee,
who
violates
this
34
section
regarding
the
purchase
of
,
or
attempt
to
purchase
,
or
35
-1-
LSB
5618SV
(2)
85
rh/nh
1/
4
S.F.
2310
consumption
of
alcoholic
liquor,
wine,
or
beer,
or
possessing
1
or
having
control
of
alcoholic
liquor,
wine,
or
beer,
commits
2
the
following:
3
Sec.
4.
Section
123.47B,
Code
2014,
is
amended
to
read
as
4
follows:
5
123.47B
Parental
and
school
notification
——
persons
under
6
eighteen
years
of
age.
7
1.
A
peace
officer
shall
make
a
reasonable
effort
to
8
identify
a
person
under
the
age
of
eighteen
discovered
9
consuming
or
to
be
in
possession
of
alcoholic
liquor,
wine,
or
10
beer
in
violation
of
section
123.47
and
refer
the
person
to
11
juvenile
court.
12
2.
The
juvenile
court
officer
shall
notify
the
person’s
13
custodial
parent,
legal
guardian,
or
custodian
of
the
14
violation.
In
addition,
the
juvenile
court
shall
also
make
15
a
reasonable
effort
to
identify
the
elementary
or
secondary
16
school
which
the
person
attends
if
the
person
is
enrolled
in
17
elementary
or
secondary
school
and
to
notify
the
superintendent
18
or
the
superintendent’s
designee
of
the
school
which
the
person
19
attends,
or
the
authorities
in
charge
of
the
nonpublic
school
20
which
the
person
attends,
of
the
consumption
or
possession.
A
21
reasonable
attempt
to
notify
the
person
includes
but
is
not
22
limited
to
a
telephone
call
or
notice
by
first-class
mail.
23
Sec.
5.
Section
232.52,
subsection
2,
paragraph
a,
24
subparagraph
(4),
subparagraph
division
(a),
subparagraph
25
subdivision
(ii),
Code
2014,
is
amended
to
read
as
follows:
26
(ii)
Section
123.47
regarding
the
purchase
,
or
attempt
to
27
purchase
,
or
consumption
of
alcoholic
beverages.
28
Sec.
6.
Section
232.52,
subsection
2,
paragraph
a,
29
subparagraph
(4),
subparagraph
division
(a),
subparagraph
30
subdivision
(vi),
Code
2014,
is
amended
to
read
as
follows:
31
(vi)
Two
or
more
violations
of
section
123.47
regarding
the
32
consumption
or
possession
of
alcoholic
beverages.
33
Sec.
7.
Section
805.8C,
Code
2014,
is
amended
by
adding
the
34
following
new
subsection:
35
-2-
LSB
5618SV
(2)
85
rh/nh
2/
4
S.F.
2310
NEW
SUBSECTION
.
7A.
Unlicensed
premises
owner
——
underage
1
consumption
or
possession.
For
first
offense
violations
of
2
section
123.47,
subsection
1A,
the
scheduled
fine
is
two
3
hundred
dollars.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
underage
possession
or
consumption
8
of
alcohol
and
provides
penalties.
9
Under
the
bill,
a
person
who
is
the
owner
or
lessee
of,
or
10
who
otherwise
has
control
over,
property
that
is
not
a
licensed
11
premises,
shall
not
knowingly
permit
an
under
legal
age
person
12
to
consume
or
possess
an
alcoholic
beverage
on
such
property.
13
The
bill
provides
that
a
person
who
violates
this
provision
14
commits
a
simple
misdemeanor
for
a
first
offense,
punishable
15
as
a
scheduled
violation
with
a
fine
of
$200,
and
a
simple
16
misdemeanor
for
a
second
or
subsequent
offense,
punishable
by
a
17
$500
fine.
18
The
bill
amends
Code
section
123.47
to
specify
that
a
person
19
under
legal
age
(under
21)
in
Iowa
is
prohibited
from
consuming
20
alcoholic
liquor,
wine,
or
beer,
subject
to
certain
exceptions
21
(if
consumed
in
a
private
home
with
the
knowledge,
presence,
22
and
consent
of
the
underage
person’s
parent
or
guardian,
for
23
beverage
or
medicinal
purposes
or
as
administered
to
the
person
24
by
either
a
physician
or
dentist
for
medicinal
purposes,
and
to
25
the
extent
that
a
person
under
legal
age
may
handle
alcoholic
26
beverages,
wine,
and
beer
during
the
regular
course
of
the
27
person’s
employment
by
a
liquor
control
licensee,
or
wine
28
or
beer
permittee
under
Code
chapter
123).
The
bill
makes
29
conforming
changes.
30
For
a
first
offense,
a
person
who
is
18,
19,
or
20
who
31
consumes
alcoholic
liquor,
wine,
or
beer
in
violation
of
the
32
bill
commits
a
simple
misdemeanor
punishable
as
a
scheduled
33
violation
under
Code
section
805.8C,
subsection
7;
for
a
second
34
offense
a
person
commits
a
simple
misdemeanor
punishable
by
a
35
-3-
LSB
5618SV
(2)
85
rh/nh
3/
4