Bill Text: IA HF684 | 2019-2020 | 88th General Assembly | Enrolled
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-Enrolled.html
House
File
684
-
Enrolled
House
File
684
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.46,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
A
person
shall
not
be
charged
or
prosecuted
for
a
violation
of
this
section
if
the
person
is
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
Sec.
2.
Section
123.47,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5A.
A
person
shall
not
be
charged
or
prosecuted
for
a
violation
of
subsection
3
or
4
if
the
person
is
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
Sec.
3.
Section
123.47B,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
If
a
person
under
the
age
of
eighteen
is
discovered
consuming
or
to
be
in
possession
of
alcoholic
liquor,
wine,
or
beer,
but
the
person
is
immune
from
prosecution
under
section
701.12,
a
peace
officer
shall
make
a
reasonable
effort
to
identify
the
person
and
notify
a
juvenile
court
officer
of
such
person’s
consumption
or
possession.
House
File
684,
p.
2
Sec.
4.
Section
262.9,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
39.
Prohibit
an
institution
of
higher
education
under
its
control
from
imposing
any
of
the
following
disciplinary
sanctions
against
a
student
for
possession
or
consumption
of
alcohol
if
the
student
is
immune
from
charge
or
prosecution
pursuant
to
section
701.12:
a.
Removal
from
a
course.
b.
Enrollment
restrictions
in
a
course
or
program.
c.
Suspension
or
expulsion
from
the
university.
d.
Eviction
or
exclusion
from
student
housing.
Sec.
5.
Section
321.216B,
Code
2020,
is
amended
to
read
as
follows:
321.216B
Use
of
driver’s
license
or
nonoperator’s
identification
card
by
underage
person
to
obtain
alcohol.
1.
A
person
who
is
under
the
age
of
twenty-one,
who
alters
or
displays
or
has
in
the
person’s
possession
a
fictitious
or
fraudulently
altered
driver’s
license
or
nonoperator’s
identification
card
and
who
uses
the
license
to
violate
or
attempt
to
violate
section
123.47
,
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
4
.
The
court
shall
forward
a
copy
of
the
conviction
to
the
department.
2.
A
person
shall
not
be
charged
or
prosecuted
for
a
violation
of
this
section
if
the
person
is
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
Sec.
6.
NEW
SECTION
.
701.12
Persons
under
the
age
of
twenty-one
seeking
emergency
assistance
for
overdose
——
immunity.
1.
A
person
under
the
age
of
twenty-one
years
shall
not
be
charged
or
prosecuted
for
the
violation
of
any
of
the
following
offenses
if
the
evidence
for
the
charge
was
obtained
as
a
result
of
the
person
in
good
faith
seeking
emergency
medical
assistance
for
the
person
or
another
person
due
to
an
alcohol
overdose:
a.
Section
123.46.
b.
Section
123.47,
subsection
3
or
4.
c.
Section
321.216B.
2.
To
be
eligible
for
immunity
under
this
section,
the
reporting
person,
or
persons
acting
in
concert,
must
do
all
of
House
File
684,
p.
3
the
following:
a.
Be
the
first
person
to
seek
emergency
assistance.
b.
Provide
the
reporting
person’s
name
and
contact
information
to
medical
or
law
enforcement
personnel.
c.
Remain
on
the
scene
until
assistance
arrives
or
is
provided.
d.
Cooperate
with
medical
and
law
enforcement
personnel.
3.
The
person
for
whom
emergency
assistance
was
sought
as
described
in
subsection
1
shall
not
be
charged
or
prosecuted
for
an
offense
listed
in
subsection
1.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
684,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
