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Text: H03182                            Text: H03184
Text: H03100 - H03199                   Text: H Index
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House Amendment 3183

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 before line 27 the
  1  4 following:
  1  5    "Sec.    .  NEW SECTION.  624.13A  JURY INSTRUCTION
  1  6 &endash; DEATH PENALTY &endash;  RIGHT TO JUDGE LAW.
  1  7    1.  A defendant's right to trial by jury in a case
  1  8 under section 901.11 includes the right to inform the
  1  9 jury of the jury's prerogative to judge the law as
  1 10 well as all the evidence, and to render a verdict
  1 11 dictated by conscientious consideration.  This right
  1 12 shall not be limited by the rules of civil or criminal
  1 13 procedure, juror's oath, court order, or procedure or
  1 14 practice of the court, including the use of any method
  1 15 of jury selection which could preclude or limit the
  1 16 impanelment of jurors willing to exercise this power.
  1 17    2.  Once the jury has been informed in accordance
  1 18 with subsection 1, a party to the action shall not be
  1 19 prohibited from presenting arguments to the jury which
  1 20 may pertain to issues of law and conscience, including
  1 21 the following:
  1 22    a.  The merit, intent, constitutionality, or
  1 23 applicability of the law to the defendant's case.
  1 24    b.  The motive, moral perspective, or circumstances
  1 25 of the defendant.
  1 26    c.  The degree and direction of guilt or actual
  1 27 harm done.
  1 28    d.  The sanctions which may be applied to the
  1 29 losing party.
  1 30    3.  Failure to allow the defendant to so inform the
  1 31 jury shall be grounds for a mistrial and another trial
  1 32 by jury."
  1 33    #2.  Page 16, line 9, by inserting after the word
  1 34 "applied," the following:  "by providing for certain
  1 35 instructions to the jury,".  
  1 36 
  1 37 
  1 38                              
  1 39 RUNNING of Linn
  1 40 
  1 41 
  1 42                              
  1 43 FALLON of Polk
  1 44 HF 2.337 76
  1 45 mk/cf
     

Text: H03182                            Text: H03184
Text: H03100 - H03199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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