Bills › 88th General Assembly
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
Sponsored by the House Public Safety Committee
Where it is now
- Done: IntroducedFebruary 19, 2019
- Done: SubcommitteeFebruary 5, 2020
- Done: House committeeApril 4, 2019
- Done: Passes the HouseMarch 3, 202095–3
- Done: Senate committeeJune 9, 2020
- Done: Passes the SenateJune 10, 202047–2
- Done: To the GovernorJune 24, 2020
- Done: Signed into lawJune 25, 2020
Signed into law What’s a funnel?
What’s in it
The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill provides immunity from certain alcohol-related criminal offenses and prohibits certain disciplinary sanctions for certain persons who seek or require emergency assistance for alcohol.12, which provides that a person under the age of shall not be charged or prosecuted for public intoxication, possession of alcohol under the legal age, or use of a driver’s license by an underage person to obtain alcohol, if the person in good faith sought emergency assistance for the person or another person due to an alcohol overdose.
Read the full explanation
A person seeking emergency assistance is only eligible for immunity if the person, or persons acting in concert, is the first person to seek emergency assistance, provides the reporting person’s name and contact information to medical or law enforcement personnel, remains on the scene until assistance arrives or is provided, and cooperates with medical and law enforcement personnel. The bill also provides immunity to the person for whom emergency assistance was sought.47 or Code chapter 124. Because the bill provides immunity to persons from those provisions, a person under the age of who receives immunity from prosecution under the bill will not face the loss of such person’s driver’s license for one year.12, a peace officer shall notify a juvenile court officer of such person’s consumption or possession.47B(2), the juvenile court officer is required to notify the person’s custodial parent, legal guardian, or custodian and the superintendent of authority in charge of the school the person attends of the consumption or possession.12. The prohibited disciplinary sanctions are the removal from a course, enrollment restrictions in a course or program, suspension or expulsion from the university, or eviction or exclusion from student housing. The bill makes conforming Code changes.
Changed since by amendment S-5114; see Amendments.
Senate subcommittee
Named March 4, 2020. Meeting: Tuesday, March 10 · 12:30 PM · RM 315.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill provides immunity from certain alcohol-related criminal offenses and prohibits certain disciplinary sanctions for people under 21 who seek emergency assistance for an alcohol overdose. Because there is a lack of data on emergency assistance for alcohol overdoses, the fiscal impact on the state cannot be determined. This includes the potential for unknown changes in fine revenue from traffic violations and simple misdemeanors.2
Read the fiscal note
Description
House File 684 provides immunity from certain alcohol-related criminal offenses and prohibits certain disciplinary sanctions for certain persons who seek or require emergency assistance for alcohol. The Bill establishes Iowa Code section 701.12, which provides that a person under the age of 21 shall not be charged or prosecuted for public intoxication, possession of alcohol under the legal age, or use of a driver’s license by an underage person to obtain alcohol, if the person in good faith sought emergency assistance for the person or another person due to an alcohol overdose. The section also provides the requirements for the immunity to apply. In addition, the Bill directs the Board of Regents to prohibit regents universities from imposing certain disciplinary sanctions against a student for the possession or consumption of alcohol if the student is immune from prosecution pursuant to Iowa Code section 701.12.
Background
Currently, a violation of Iowa Code section 321.216B is a scheduled traffic violation. The current fine for a violation of any of these Code sections is $200. A violation of Iowa Code section 123.46 is a simple misdemeanor for the first offense and a serious or aggravated misdemeanor for the second or third offense, respectively. A violation of Iowa Code section 123.47 ranges from a scheduled traffic violation to a serious misdemeanor, depending on the offense.
Correctional Impact
In FY 2018, there were 7,457 convictions for public intoxication, 177 convictions for possession of alcohol under the legal age, and 29 convictions for use of a driver’s license by an underage person. House File 684 is estimated to result in a reduction of convictions, but an estimate cannot be provided due to a lack of available data on emergency assistance for alcohol overdoses. In addition, most of the offenses included under the immunity are either scheduled traffic violations or simple misdemeanors and will not have a correctional impact. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system.
Minority Impact
The minority impact for HF 684 cannot be determined. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of HF 684 cannot be determined due to the lack of data on the reduction of convictions resulting from this Bill. Due to this possible decrease in convictions, there may also be a decrease in fine revenue related to the scheduled traffic violations and simple misdemeanors, but the impact is unknown.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Transportation
- Final Action Fiscal Note – Medical Amnesty · July 13, 2020
- Medical Amnesty · March 13, 2019
- Medical Amnesty · February 26, 2019
Iowa Code it changes
Creates§701.12
Lobbying
8 for · 0 against · 11 undecided · Who →