Bill Text: IA SF415 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons who report, seek, or require emergency assistance for alcohol overdoses or protection from certain crimes, and modifying penalties. (Formerly SSB 1088.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-22 - Placed on calendar under unfinished business. H.J. 671. [SF415 Detail]
Download: Iowa-2017-SF415-Introduced.html
Senate File 415 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1088) A BILL FOR 1 An Act providing immunity from certain criminal offenses and 2 prohibiting certain disciplinary sanctions for persons who 3 report, seek, or require emergency assistance for alcohol 4 overdoses or protection from certain crimes, and modifying 5 penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1737SV (2) 87 jh/nh PAG LIN 1 1 Section 1. Section 123.46, Code 2017, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 7. A person shall not be charged or 1 4 prosecuted for a violation of this section if the person is 1 5 immune from charge or prosecution pursuant to section 701.12. 1 6 Sec. 2. Section 123.47, Code 2017, is amended by adding the 1 7 following new subsection: 1 8 NEW SUBSECTION. 9. A person shall not be charged or 1 9 prosecuted for a violation of subsection 3 or 4 if the person 1 10 is immune from charge or prosecution pursuant to section 1 11 701.12. 1 12 Sec. 3. Section 123.47B, Code 2017, is amended by adding the 1 13 following new subsection: 1 14 NEW SUBSECTION. 1A. If a person under the age of 1 15 eighteen is discovered consuming or to be in possession of 1 16 alcoholic liquor, wine, or beer, but the person is immune from 1 17 prosecution under section 701.12, a peace officer shall make a 1 18 reasonable effort to identify the person and notify a juvenile 1 19 court officer of such person's consumption or possession. 1 20 Sec. 4. Section 262.9, Code 2017, is amended by adding the 1 21 following new subsection: 1 22 NEW SUBSECTION. 39. Prohibit an institution of higher 1 23 education under its control from imposing any of the following 1 24 disciplinary sanctions against a student for possession or 1 25 consumption of alcohol if the student is immune from charge or 1 26 prosecution pursuant to section 701.12: 1 27 a. Removal from a course. 1 28 b. Enrollment restrictions in a course or program. 1 29 c. Suspension or expulsion from the university. 1 30 d. Eviction or exclusion from student housing. 1 31 Sec. 5. Section 321.216B, Code 2017, is amended to read as 1 32 follows: 1 33 321.216B Use of driver's license or nonoperator's 1 34 identification card by underage person to obtain alcohol. 1 35 1. A person who is under the age of twenty=one, who alters 2 1 or displays or has in the person's possession a fictitious 2 2 or fraudulently altered driver's license or nonoperator's 2 3 identification card and who uses the license to violate or 2 4 attempt to violate section 123.47, commits a simple misdemeanor 2 5 punishable as a scheduled violation under section 805.8A, 2 6 subsection 4. The court shall forward a copy of the conviction 2 7 to the department. 2 8 2. A person shall not be charged or prosecuted for a 2 9 violation of this section if the person is immune from charge 2 10 or prosecution pursuant to section 701.12. 2 11 Sec. 6. Section 321.284, Code 2017, is amended by adding the 2 12 following new subsection: 2 13 NEW SUBSECTION. 3. A person shall not be charged or 2 14 prosecuted for a violation of this section if the person is 2 15 immune from charge or prosecution pursuant to section 701.12. 2 16 Sec. 7. Section 321.284A, Code 2017, is amended by adding 2 17 the following new subsection: 2 18 NEW SUBSECTION. 6. A person shall not be charged or 2 19 prosecuted for a violation of this section if the person is 2 20 immune from charge or prosecution pursuant to section 701.12. 2 21 Sec. 8. NEW SECTION. 701.12 Persons seeking emergency 2 22 assistance for overdose or crime victims ==== immunity. 2 23 1. A person shall not be charged or prosecuted for the 2 24 violation of any of the following offenses if the evidence 2 25 for the charge was obtained as a result of the person in good 2 26 faith seeking emergency assistance for the person or another 2 27 person due to an alcohol overdose or because the person or 2 28 other person is a victim of a crime prohibited by chapter 708, 2 29 709, or 710A: 2 30 a. Section 123.46. 2 31 b. Section 123.47, subsection 3 or 4. 2 32 c. Section 321.216B. 2 33 d. Section 321.284. 2 34 e. Section 321.284A. 2 35 2. To be eligible for immunity under this section, the 3 1 reporting person, or persons acting in concert, must do all of 3 2 the following: 3 3 a. Be the first person to seek emergency assistance. 3 4 b. Provide the reporting person's name and contact 3 5 information to medical or law enforcement personnel. 3 6 c. Remain on the scene until assistance arrives or is 3 7 provided. 3 8 d. Cooperate with medical and law enforcement personnel. 3 9 3. The person for whom emergency assistance was sought as 3 10 described in subsection 1 shall not be charged or prosecuted 3 11 for an offense listed in subsection 1. 3 12 EXPLANATION 3 13 The inclusion of this explanation does not constitute agreement with 3 14 the explanation's substance by the members of the general assembly. 3 15 This bill provides immunity from certain alcohol=related 3 16 criminal offenses and prohibits certain disciplinary sanctions 3 17 for certain persons who seek or require emergency assistance 3 18 for alcohol overdoses or protection from certain crimes. 3 19 The bill creates new Code section 701.12, which provides 3 20 that a person shall not be charged or prosecuted for public 3 21 intoxication, possession of alcohol under the legal age, use 3 22 of a driver's license by an underage person to obtain alcohol, 3 23 or possession of an open container in a motor vehicle, if 3 24 the person in good faith sought emergency assistance for the 3 25 person or another person due to an alcohol overdose or because 3 26 the person or other person is a victim of a crime prohibited 3 27 by Code chapter 708 (assault), 709 (sexual abuse), or 710A 3 28 (human trafficking). A person seeking emergency assistance is 3 29 only eligible for immunity if the person, or persons acting 3 30 in concert, is the first person to seek emergency assistance, 3 31 provides the reporting person's name and contact information 3 32 to medical or law enforcement personnel, remains on the scene 3 33 until assistance arrives or is provided, and cooperates with 3 34 medical and law enforcement personnel. The bill also provides 3 35 immunity to the person for whom emergency assistance was 4 1 sought. 4 2 Under Code section 232.52, a juvenile court may suspend 4 3 or revoke the driver's license or operating privilege of a 4 4 person under the age of 18, for a period of one year, who 4 5 has violated Code section 123.46 or 123.47 or Code chapter 4 6 124. Because the bill provides immunity to persons from those 4 7 provisions, a person under the age of 18 who receives immunity 4 8 from prosecution under the bill will not face the loss of such 4 9 person's driver's license for one year. 4 10 The bill provides that if a person under the age of 18 is 4 11 discovered consuming or to be in possession of alcohol but 4 12 receives immunity from prosecution under Code section 701.12, 4 13 a peace officer shall notify a juvenile court officer of 4 14 such person's consumption or possession. Under Code section 4 15 123.47B(2), the juvenile court officer is required to notify 4 16 the person's custodial parent, legal guardian, or custodian and 4 17 the superintendent of authority in charge of the school the 4 18 person attends of the consumption or possession. 4 19 The bill directs the board of regents to prohibit the regents 4 20 universities from imposing certain disciplinary sanctions 4 21 against a student for the possession or consumption of alcohol 4 22 if the student is immune from prosecution pursuant to new Code 4 23 section 701.12. The prohibited disciplinary sanctions are the 4 24 removal from a course, enrollment restrictions in a course 4 25 or program, suspension or expulsion from the university, or 4 26 eviction or exclusion from student housing. 4 27 The bill makes conforming changes. LSB 1737SV (2) 87 jh/nh
