Bill Text: IA HF684 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act providing limited immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons under twenty-one years of age who report, seek, or require emergency assistance for alcohol overdoses, and modifying penalties. (Formerly HSB 175.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 789. [HF684 Detail]
Download: Iowa-2019-HF684-Introduced.html
Bill Title: A bill for an act providing limited immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons under twenty-one years of age who report, seek, or require emergency assistance for alcohol overdoses, and modifying penalties. (Formerly HSB 175.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 789. [HF684 Detail]
Download: Iowa-2019-HF684-Introduced.html
House
File
684
-
Introduced
HOUSE
FILE
684
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
175)
A
BILL
FOR
An
Act
providing
limited
immunity
from
certain
criminal
1
offenses
and
prohibiting
certain
disciplinary
sanctions
for
2
persons
under
twenty-one
years
of
age
who
report,
seek,
or
3
require
emergency
assistance
for
alcohol
overdoses,
and
4
modifying
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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684
Section
1.
Section
123.46,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
A
person
shall
not
be
charged
or
3
prosecuted
for
a
violation
of
this
section
if
the
person
is
4
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
5
Sec.
2.
Section
123.47,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
5A.
A
person
shall
not
be
charged
or
8
prosecuted
for
a
violation
of
subsection
3
or
4
if
the
person
9
is
immune
from
charge
or
prosecution
pursuant
to
section
10
701.12.
11
Sec.
3.
Section
123.47B,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
1A.
If
a
person
under
the
age
of
14
eighteen
is
discovered
consuming
or
to
be
in
possession
of
15
alcoholic
liquor,
wine,
or
beer,
but
the
person
is
immune
from
16
prosecution
under
section
701.12,
a
peace
officer
shall
make
a
17
reasonable
effort
to
identify
the
person
and
notify
a
juvenile
18
court
officer
of
such
person’s
consumption
or
possession.
19
Sec.
4.
Section
262.9,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
39.
Prohibit
an
institution
of
higher
22
education
under
its
control
from
imposing
any
of
the
following
23
disciplinary
sanctions
against
a
student
for
possession
or
24
consumption
of
alcohol
if
the
student
is
immune
from
charge
or
25
prosecution
pursuant
to
section
701.12:
26
a.
Removal
from
a
course.
27
b.
Enrollment
restrictions
in
a
course
or
program.
28
c.
Suspension
or
expulsion
from
the
university.
29
d.
Eviction
or
exclusion
from
student
housing.
30
Sec.
5.
Section
321.216B,
Code
2019,
is
amended
to
read
as
31
follows:
32
321.216B
Use
of
driver’s
license
or
nonoperator’s
33
identification
card
by
underage
person
to
obtain
alcohol.
34
1.
A
person
who
is
under
the
age
of
twenty-one,
who
alters
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684
or
displays
or
has
in
the
person’s
possession
a
fictitious
1
or
fraudulently
altered
driver’s
license
or
nonoperator’s
2
identification
card
and
who
uses
the
license
to
violate
or
3
attempt
to
violate
section
123.47
,
commits
a
simple
misdemeanor
4
punishable
as
a
scheduled
violation
under
section
805.8A,
5
subsection
4
.
The
court
shall
forward
a
copy
of
the
conviction
6
to
the
department.
7
2.
A
person
shall
not
be
charged
or
prosecuted
for
a
8
violation
of
this
section
if
the
person
is
immune
from
charge
9
or
prosecution
pursuant
to
section
701.12.
10
Sec.
6.
NEW
SECTION
.
701.12
Persons
under
the
age
of
11
twenty-one
seeking
emergency
assistance
for
overdose
——
immunity.
12
1.
A
person
under
the
age
of
twenty-one
years
shall
not
be
13
charged
or
prosecuted
for
the
violation
of
any
of
the
following
14
offenses
if
the
evidence
for
the
charge
was
obtained
as
a
15
result
of
the
person
in
good
faith
seeking
emergency
medical
16
assistance
for
the
person
or
another
person
due
to
an
alcohol
17
overdose:
18
a.
Section
123.46.
19
b.
Section
123.47,
subsection
3
or
4.
20
c.
Section
321.216B.
21
2.
To
be
eligible
for
immunity
under
this
section,
the
22
reporting
person,
or
persons
acting
in
concert,
must
do
all
of
23
the
following:
24
a.
Be
the
first
person
to
seek
emergency
assistance.
25
b.
Provide
the
reporting
person’s
name
and
contact
26
information
to
medical
or
law
enforcement
personnel.
27
c.
Remain
on
the
scene
until
assistance
arrives
or
is
28
provided.
29
d.
Cooperate
with
medical
and
law
enforcement
personnel.
30
3.
The
person
for
whom
emergency
assistance
was
sought
as
31
described
in
subsection
1
shall
not
be
charged
or
prosecuted
32
for
an
offense
listed
in
subsection
1.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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684
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
provides
immunity
from
certain
alcohol-related
2
criminal
offenses
and
prohibits
certain
disciplinary
sanctions
3
for
certain
persons
who
seek
or
require
emergency
assistance
4
for
alcohol.
5
The
bill
creates
new
Code
section
701.12,
which
provides
6
that
a
person
under
the
age
of
21
shall
not
be
charged
or
7
prosecuted
for
public
intoxication,
possession
of
alcohol
under
8
the
legal
age,
or
use
of
a
driver’s
license
by
an
underage
9
person
to
obtain
alcohol,
if
the
person
in
good
faith
sought
10
emergency
assistance
for
the
person
or
another
person
due
to
11
an
alcohol
overdose.
A
person
seeking
emergency
assistance
is
12
only
eligible
for
immunity
if
the
person,
or
persons
acting
13
in
concert,
is
the
first
person
to
seek
emergency
assistance,
14
provides
the
reporting
person’s
name
and
contact
information
15
to
medical
or
law
enforcement
personnel,
remains
on
the
scene
16
until
assistance
arrives
or
is
provided,
and
cooperates
with
17
medical
and
law
enforcement
personnel.
The
bill
also
provides
18
immunity
to
the
person
for
whom
emergency
assistance
was
19
sought.
20
Under
Code
section
232.52,
a
juvenile
court
may
suspend
21
or
revoke
the
driver’s
license
or
operating
privilege
of
a
22
person
under
the
age
of
18,
for
a
period
of
one
year,
who
23
has
violated
Code
section
123.46
or
123.47
or
Code
chapter
24
124.
Because
the
bill
provides
immunity
to
persons
from
those
25
provisions,
a
person
under
the
age
of
18
who
receives
immunity
26
from
prosecution
under
the
bill
will
not
face
the
loss
of
such
27
person’s
driver’s
license
for
one
year.
28
The
bill
provides
that
if
a
person
under
the
age
of
18
is
29
discovered
consuming
or
to
be
in
possession
of
alcohol
but
30
receives
immunity
from
prosecution
under
Code
section
701.12,
31
a
peace
officer
shall
notify
a
juvenile
court
officer
of
32
such
person’s
consumption
or
possession.
Under
Code
section
33
123.47B(2),
the
juvenile
court
officer
is
required
to
notify
34
the
person’s
custodial
parent,
legal
guardian,
or
custodian
and
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684
the
superintendent
of
authority
in
charge
of
the
school
the
1
person
attends
of
the
consumption
or
possession.
2
The
bill
directs
the
board
of
regents
to
prohibit
the
regents
3
universities
from
imposing
certain
disciplinary
sanctions
4
against
a
student
for
the
possession
or
consumption
of
alcohol
5
if
the
student
is
immune
from
prosecution
pursuant
to
new
Code
6
section
701.12.
The
prohibited
disciplinary
sanctions
are
the
7
removal
from
a
course,
enrollment
restrictions
in
a
course
8
or
program,
suspension
or
expulsion
from
the
university,
or
9
eviction
or
exclusion
from
student
housing.
10
The
bill
makes
conforming
Code
changes.
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