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Text: H03128                            Text: H03130
Text: H03100 - H03199                   Text: H Index
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House Amendment 3129

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3109, to House File 2, as
  1  2 follows:
  1  3    #1.  Page 7, by inserting after line 45 the
  1  4 following:
  1  5    "Sec.    .  NEW SECTION.  901.12  NEW EVIDENCE IN
  1  6 DEATH PENALTY CASES.
  1  7    Notwithstanding Iowa rules of criminal procedure
  1  8 23, Iowa court rules, third edition, if a defendant
  1  9 has discovered important and material evidence in the
  1 10 defendant's favor since the verdict in the defendant's
  1 11 case, which the defendant could not with reasonable
  1 12 diligence have discovered and produced at the trial,
  1 13 the defendant may file a motion based upon this
  1 14 ground, without unreasonable delay, at any time.  If a
  1 15 motion for a new trial is made under this section, the
  1 16 defendant must produce, at the hearing, the affidavits
  1 17 or testimony of the witnesses by whom the evidence is
  1 18 expected to be given.  If time is required by the
  1 19 defendant to procure the affidavits or testimony, the
  1 20 court may postpone the hearing of the motion for a
  1 21 reasonable period of time."
  1 22    #2.  By numbering, renumbering, and correcting
  1 23 internal references as necessary.  
  1 24 
  1 25 
  1 26                              
  1 27 HOLVECK of Polk
  1 28 
  1 29 
  1 30                              
  1 31 JOCHUM of Dubuque
  1 32 
  1 33 
  1 34                              
  1 35 CONNORS of Polk
  1 36 
  1 37 
  1 38                              
  1 39 BERNAU of Story
  1 40 
  1 41 
  1 42                              
  1 43 WITT of Black Hawk
  1 44 
  1 45 
  1 46                              
  1 47 MASCHER of Johnson
  1 48 
  1 49 
  1 50                              
  2  1 SHOULTZ of Black Hawk
  2  2 
  2  3 
  2  4                              
  2  5 BRAND of Benton
  2  6 
  2  7 
  2  8                              
  2  9 KOENIGS of Mitchell
  2 10 
  2 11 
  2 12                              
  2 13 BURNETT of Story
  2 14 HF 2.244 76
  2 15 lh/jj
     
Text: H03128                            Text: H03130
Text: H03100 - H03199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index
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