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Text: H03163                            Text: H03165
Text: H03100 - H03199                   Text: H Index
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House Amendment 3164

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3109, to House File 2 as
  1  2 follows:
  1  3    #1.  Page 4, line 30, by inserting after the word
  1  4 "fact." the following:  "However, during the course of
  1  5 jury selection, no prospective juror shall be
  1  6 disqualified for cause from serving during the initial
  1  7 proceeding under this section unless the prospective
  1  8 juror's conscientious opinions would preclude the
  1  9 juror from rendering a fair and impartial verdict
  1 10 during the proceeding.  A prospective juror who holds
  1 11 an opinion, either for or against the imposition of
  1 12 the death penalty, which would preclude the juror from
  1 13 properly exercising the discretion conferred by law in
  1 14 the determination of a sentence in the penalty portion
  1 15 of the trial, but whose opinion would not preclude the
  1 16 person from rendering an impartial verdict during the
  1 17 initial proceeding, shall be considered an "initial
  1 18 phase includable" juror and shall not be disqualified
  1 19 for cause during the initial proceeding based solely
  1 20 on the holding of those opinions.  Initial phase
  1 21 includable jurors may be excluded during the penalty
  1 22 phase in the event that the defendant is convicted of
  1 23 first degree murder and a penalty proceeding is held
  1 24 to determine whether a sentence of death should be
  1 25 imposed.  In a penalty proceeding, initial phase
  1 26 includable jurors may be replaced by alternate jurors
  1 27 qualified to render an impartial sentencing verdict." 
  1 28 
  1 29 
  1 30                              
  1 31 FALLON of Polk
  1 32 HF 2.557 76
  1 33 lh/jw
     

Text: H03163                            Text: H03165
Text: H03100 - H03199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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