Text: H03135 Text: H03137 Text: H03100 - H03199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-3109, to House File 2 as
1 2 follows:
1 3 #1. Page 2, by inserting after line 39 the
1 4 following:
1 5 "Sec. . NEW SECTION. 813.5 DEATH PENALTY
1 6 REQUEST REVIEW PANEL.
1 7 1. The death penalty request review panel is
1 8 established, consisting of three retired judges or
1 9 justices who shall be appointed by the governor,
1 10 subject to confirmation by the senate. The duties of
1 11 the death penalty request review panel shall be to
1 12 review proposed requests for imposition of the death
1 13 penalty filed with the panel by the attorney
1 14 representing the interests of the state and to
1 15 authorize or disallow the requests. The members of
1 16 the panel shall serve four-year staggered terms, which
1 17 shall begin and end as provided in section 69.19. The
1 18 panel shall be balanced, as nearly as is possible, by
1 19 gender and political affiliation as provided in
1 20 sections 69.16 and 69.16A. Members appointed shall be
1 21 compensated for any actual and necessary expenses of
1 22 office in the manner provided in section 7E.6.
1 23 2. An attorney representing the interests of the
1 24 state who wishes to seek the death penalty in any
1 25 case, must first submit the request to seek the death
1 26 penalty to the panel and seek permission to file the
1 27 notice. The attorney must demonstrate to the panel
1 28 how the facts of the particular case meet the
1 29 requirements of section 902.12 and why a sentence of
1 30 imprisonment until death is insufficient. The
1 31 attorney shall not file a notice of intent to seek the
1 32 death penalty in any case in which the panel has
1 33 disallowed the request. If the panel fails to approve
1 34 or disapprove the request within thirty days of
1 35 submission of the request or the panel approves the
1 36 request, the attorney may file the notice as provided
1 37 in section 901.11.
1 38 3. Before the panel approves or disapproves a
1 39 request to seek the death penalty, the counsel for the
1 40 defendant shall be notified of the filing of the
1 41 request and shall be given the opportunity, both
1 42 orally and in writing, to contest the request and to
1 43 demonstrate that the request is inappropriate in the
1 44 particular case. The panel may deny the attorney
1 45 representing the interests of the state's request, if
1 46 the panel determines that the ends of justice would
1 47 not be served by the imposition of a death sentence.
1 48 All factual information submitted by the attorney
1 49 representing the interests of the state shall be
1 50 retained by the panel for an indefinite period of
2 1 time. The panel shall make the information available
2 2 to members of the general public upon request, at the
2 3 conclusion of the trial court proceedings, and to the
2 4 defendant prior to or during the course of trial
2 5 pursuant to a subpoena."
2 6 #2. By designating, redesignating, and correcting
2 7 internal references as necessary.
2 8
2 9
2 10
2 11 KREIMAN of Davis
2 12 HF 2.547 76
2 13 lh/jw
Text: H03135 Text: H03137 Text: H03100 - H03199 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03100/H03136/950222.html
jhf