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Text: S03084                            Text: S03086
Text: S03000 - S03099                   Text: S Index
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Senate Amendment 3085

Amendment Text

PAG LIN
  1  1    Amend House File 2, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 10, by inserting after line 33 the
  1  4 following:
  1  5    "   .  If the evidence relied upon by the jury, or
  1  6 the court, if there is no jury, in reaching the
  1  7 verdict, finding that the defendant has been proven
  1  8 guilty beyond a reasonable doubt, in the initial
  1  9 proceeding does not include a confession by the
  1 10 defendant, a DNA profiling match, a fingerprint match,
  1 11 or the testimony of two eyewitnesses to the murder,
  1 12 the jury, or the court, if there is no jury, shall
  1 13 return a special verdict on the issue.  If the jury,
  1 14 or the court, if there is no jury, did not rely upon a
  1 15 confession, a DNA profiling match, a fingerprint
  1 16 match, or the testimony of two eyewitnesses to the
  1 17 murder, the court shall enter a judgment of conviction
  1 18 and shall sentence the defendant to life imprisonment
  1 19 as provided in section 902.1, subsection 1, even if
  1 20 the jury or the court returns unanimous affirmative
  1 21 findings on each of the issues submitted under
  1 22 subsection 5.  "DNA profiling" means as defined in
  1 23 section 13.10."
  1 24    #2.  Page 19, by inserting after line 31 the
  1 25 following:
  1 26    "   .  If the evidence relied upon by the jury, or
  1 27 the court, if there is no jury, in reaching the
  1 28 verdict, finding that the defendant has been proven
  1 29 guilty beyond a reasonable doubt, in the initial
  1 30 proceeding does not include a confession by the
  1 31 defendant, a DNA profiling match, a fingerprint match,
  1 32 or the testimony of two eyewitnesses to the murder,
  1 33 the jury, or the court, if there is no jury, shall
  1 34 return a special verdict on the issue.  If the jury,
  1 35 or the court, if there is no jury, did not rely upon a
  1 36 confession, a DNA profiling match, a fingerprint
  1 37 match, or the testimony of two eyewitnesses to the
  1 38 murder, the court shall enter a judgment of conviction
  1 39 and shall sentence the defendant to life imprisonment
  1 40 as provided in section 902.1, subsection 1, even if
  1 41 the jury or the court returns unanimous affirmative
  1 42 findings on each of the issues submitted under
  1 43 subsection 3.  "DNA profiling" means as defined in
  1 44 section 13.10."
  1 45    #3.  By numbering, renumbering, and correcting
  1 46 internal references as necessary.  
  1 47 
  1 48 
  1 49                              
  1 50 ROD HALVORSON
  2  1 HF 2.273 76
  2  2 lh/jj
     

Text: S03084                            Text: S03086
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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