HSB 710

This bill relates to intoxication by a controlled substance in public places, and provides penalties. The bill provides that a person shall not be intoxicated in a public place while any amount of a controlled substance is present in the person, as measured in the person’s blood or urine. A person violating the bill is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. The bill provides that a peace officer making an arrest for public intoxication by a controlled substance shall inform the person that the person may have a chemical test administered at the person’s own expense. In a prosecution for public intoxication by a controlled substance, evidence of the results of a chemical test performed is admissible upon proof of a proper foundation. The bill provides that a peace officer shall make a reasonable effort to identify a person under the age of who violates the bill and refer the person to juvenile court. A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. The juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation. _____ violations or simple misdemeanor violations of Code chapter 321, the conviction shall be expunged as a matter of law. The bill provides that a conviction under the bill shall be considered when sentencing a person for a second or subsequent offense for a violation of Code chapter 124 (controlled substances). The bill describes the facilities where a child detained for a violation of the bill may be held.3. However, the bill provides that a conviction under the bill may be expunged after two years. The bill makes conforming Code changes.