Relating to persons under the influence of controlled substances in public places, and providing penalties

A person violating the bill commits public intoxication and 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 due to 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. The bill provides that upon the expiration of two years following conviction for a violation of the bill, a person may petition the court to expunge the conviction. If the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of Code chapter 321, the conviction shall be expunged as a matter of law. The bill provides that consideration of a second or subsequent offense for purposes of sentencing for a violation of Code chapter 124 (controlled substances) does not apply to a violation of the bill. The bill describes the facilities where a child detained for a violation of the bill may be held. The bill makes conforming Code changes.