Bill Text: IA HF371 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to alcoholic beverage control violations and second and subsequent convictions, and providing penalties. (See HF 688.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Committee report, recommending passage. H.J. 467. [HF371 Detail]
Download: Iowa-2019-HF371-Introduced.html
House
File
371
-
Introduced
HOUSE
FILE
371
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
control
violations
and
1
second
and
subsequent
convictions,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
371
Section
1.
Section
123.91,
Code
2019,
is
amended
to
read
as
1
follows:
2
123.91
Second
and
subsequent
conviction.
3
Any
person
who
has
been
convicted,
in
a
criminal
action,
4
in
any
court
of
record,
of
a
violation
of
a
provision
of
this
5
chapter
except
for
a
violation
of
section
123.46
,
a
provision
6
of
the
prior
laws
of
this
state
relating
to
alcoholic
liquors,
7
wine,
or
beer
which
was
in
force
prior
to
the
enactment
of
8
this
chapter
,
or
a
provision
of
the
laws
of
the
United
States
9
or
of
any
other
state
relating
to
alcoholic
liquors,
wine,
or
10
beer,
and
who
is
thereafter
convicted
of
a
subsequent
criminal
11
offense
against
any
provision
of
this
chapter
is
guilty
of
the
12
following
offenses:
13
1.
For
the
second
conviction,
a
serious
misdemeanor.
14
2.
For
the
third
and
each
subsequent
conviction,
an
15
aggravated
misdemeanor.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
alcoholic
beverage
control
violations
20
and
second
and
subsequent
convictions,
and
provides
penalties.
21
The
bill
provides
that
a
conviction
under
Code
section
22
123.46
(consumption
or
intoxication
in
public
places)
is
not
23
subject
to
the
sentencing
enhancement
provisions
of
Code
24
section
123.91
for
a
second
or
subsequent
conviction.
A
25
violation
of
Code
section
123.46
is
a
simple
misdemeanor.
26
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