Text: H03155 Text: H03157 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 6, by striking lines 36 and 37 and
1 4 inserting the following:
1 5 "5. a. At the conclusion of presentation of
1 6 evidence in the penalty proceeding, if the matter is
1 7 tried to a jury, the court shall instruct the jury on
1 8 all of the following:
1 9 (1) The factors enumerated under section 902.12,
1 10 and any aggravating circumstances that it must
1 11 consider and the state's burden of proof as to the
1 12 factors.
1 13 (2) The concept of mitigation and the mitigating
1 14 circumstances offered by the defense or which may be
1 15 deduced from the evidence presented, the fact that the
1 16 defense is not required to prove any mitigating
1 17 circumstance offered, and how such evidence may be
1 18 considered in arriving at a decision on the
1 19 appropriate penalty in the case.
1 20 (3) That if the jury concludes that the state has
1 21 failed to demonstrate at least one statutory factor
1 22 exists beyond a reasonable doubt, the jury must
1 23 conclude its deliberations and return a verdict which
1 24 shows the negative finding, and the defendant will be
1 25 sentenced to imprisonment until death.
1 26 (4) That if one or more of the statutory factors
1 27 are found to exist, the jury must record this finding
1 28 in writing as part of its verdict, weigh those factors
1 29 and any other aggravating circumstances against any
1 30 mitigating circumstances offered by the defendant, and
1 31 record its finding as to whether the aggravating
1 32 circumstances outweigh the mitigating circumstances.
1 33 (5) That a sentence of death shall not be imposed
1 34 unless the prosecution has demonstrated beyond a
1 35 reasonable doubt that the aggravating circumstances
1 36 substantially outweigh the mitigating circumstances.
1 37 (6) That the jury may, even if the statutory
1 38 factors have been proven and the aggravating
1 39 circumstances outweigh the mitigating circumstances,
1 40 conclude that a sentence of death is not appropriate
1 41 and determine that the defendant shall be imprisoned
1 42 until the defendant's death.
1 43 b. Upon the submission of the instructions to the
1 44 jury, the court shall also submit the following issues
1 45 to".
1 46 #2. Page 6, line 40, by striking the letter "a."
1 47 and inserting the following: "(1)".
1 48 #3. Page 6, line 43, by striking the letter "b."
1 49 and inserting the following: "(2)".
1 50 #4. Page 6, line 47, by striking the letter "c."
2 1 and inserting the following: "(3)".
2 2 #5. Page 12, by striking line 35 and inserting the
2 3 following: "evidence in the penalty proceeding, if
2 4 the matter is tried to a jury, the court shall
2 5 instruct the jury on all of the following:
2 6 a. The factors enumerated under section 902.12,
2 7 and any aggravating circumstances that it must
2 8 consider and the state's burden of proof as to the
2 9 factors.
2 10 b. The concept of mitigation and the mitigating
2 11 circumstances offered by the defense or which may be
2 12 deduced from the evidence presented, the fact that the
2 13 defense is not required to prove any mitigating
2 14 circumstance offered, and how such evidence may be
2 15 considered in arriving at a decision on the
2 16 appropriate penalty in the case.
2 17 c. That if the jury concludes that the state has
2 18 failed to demonstrate at least one statutory factor
2 19 exists beyond a reasonable doubt, the jury must
2 20 conclude its deliberations and return a verdict which
2 21 shows the negative finding, and the defendant will be
2 22 sentenced to imprisonment until death.
2 23 d. That if one or more of the statutory factors
2 24 are found to exist, the jury must record this finding
2 25 in writing as part of its verdict, weigh those factors
2 26 and any other aggravating circumstances against any
2 27 mitigating circumstances offered by the defendant, and
2 28 record its finding as to whether the aggravating
2 29 circumstances outweigh the mitigating circumstances.
2 30 e. That a sentence of death may not be imposed
2 31 unless the prosecution has demonstrated beyond a
2 32 reasonable doubt that the aggravating circumstances
2 33 substantially outweigh the mitigating circumstances.
2 34 f. That the jury may, even if the statutory
2 35 factors have been proven and the aggravating
2 36 circumstances outweigh the mitigating circumstances,
2 37 conclude that a sentence of death is not appropriate
2 38 and determine that the defendant shall be imprisoned
2 39 until the defendant's death.
2 40 3A. Upon the submission of the instructions to the
2 41 jury, the court shall also submit the following".
2 42 #6. By redesignating and correcting internal
2 43 references as necessary.
2 44
2 45
2 46
2 47 MORELAND of Wapello
2 48
2 49
2 50
3 1 FALLON of Polk
3 2
3 3
3 4
3 5 BERNAU of Story
3 6 HF 2.548 76
3 7 lh/jw
Text: H03155 Text: H03157 Text: H03100 - H03199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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