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Text: H03151                            Text: H03153
Text: H03100 - H03199                   Text: H Index
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House Amendment 3152

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3109, to House File 2 as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 26 the
  1  4 following:
  1  5    "Sec.    .  Section 331.757, subsection 1, Code
  1  6 1995, is amended to read as follows:
  1  7    1.  The county attorney may employ, with the
  1  8 approval of a judge of the district court, a temporary
  1  9 assistant to assist in the trial of a person charged
  1 10 with a felony.  The temporary assistant shall be paid
  1 11 a reasonable compensation as determined by the board
  1 12 upon certification of the services rendered by the
  1 13 district judge before whom the defendant was tried.
  1 14 If the temporary assistant is employed for purposes of
  1 15 assisting in the trial of a person who has been
  1 16 charged with first degree murder, in which a notice of
  1 17 intent to seek the death penalty has been filed, the
  1 18 determination of the amount of compensation determined
  1 19 to be reasonable by the board shall be forwarded to
  1 20 the treasurer of state and the compensation shall be
  1 21 paid by the state."
  1 22    Sec.    .  Section 356.15, Code 1995, is amended to
  1 23 read as follows:
  1 24    356.15  EXPENSES.
  1 25    All charges and expenses for the safekeeping and
  1 26 maintenance of prisoners shall be allowed by the board
  1 27 of supervisors, except those committed or detained by
  1 28 the authority of the courts of the United States, in
  1 29 which cases the United States must pay such expenses
  1 30 to the county, those detained during a penalty
  1 31 proceeding in a first degree murder case in which a
  1 32 notice of intent to seek the death penalty has been
  1 33 filed, in which cases the state shall  pay the
  1 34 expenses to the county, and those committed for
  1 35 violation of a city ordinance, in which case the city
  1 36 shall pay expenses to the county."
  1 37    #2.  Page 3, by inserting after line 40 the
  1 38 following:
  1 39    "Sec.    .  Section 815.13, Code 1995, is amended
  1 40 to read as follows:
  1 41    815.13  PAYMENT OF PROSECUTION COSTS.
  1 42    1.  The Except as provided in subsection 2, county
  1 43 or city which has the duty to prosecute a criminal
  1 44 action shall pay the costs of depositions taken on
  1 45 behalf of the prosecution, the costs of transcripts
  1 46 requested by the prosecution, and in criminal actions
  1 47 prosecuted by the county or city under county or city
  1 48 ordinance the fees that are payable to the clerk of
  1 49 the district court for services rendered and the court
  1 50 costs taxed in connection with the trial of the action
  2  1 or appeals from the judgment.  The county or city
  2  2 shall pay witness fees and mileage in trials of
  2  3 criminal actions prosecuted by the county or city
  2  4 under county or city ordinance.  These fees and costs
  2  5 are recoverable by the county or city from the
  2  6 defendant unless the defendant is found not guilty or
  2  7 the action is dismissed, in which case the state shall
  2  8 pay the witness fees and mileage in cases prosecuted
  2  9 under state law.
  2 10    2.  In a criminal action for first degree murder
  2 11 under section 707.2, where a notice of intent to seek
  2 12 the death penalty has been filed, the state shall pay
  2 13 the costs of depositions, transcripts, the fees
  2 14 payable to the clerk of district court, court costs
  2 15 taxed in connection with the trial or appeal which are
  2 16 incurred by the county, as well as any witness fees
  2 17 and mileage."
  2 18    #3.  By designating, redesignating, and correcting
  2 19 internal references as necessary.  
  2 20 
  2 21 
  2 22                              
  2 23 WEIGEL of Chickasaw
  2 24 
  2 25 
  2 26                              
  2 27 FALLON of Polk
  2 28 
  2 29 
  2 30                              
  2 31 MASCHER of Johnson
  2 32 
  2 33 
  2 34                              
  2 35 BERNAU of Story
  2 36 HF 2.554 76
  2 37 lh/jw
     

Text: H03151                            Text: H03153
Text: H03100 - H03199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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