Text: S03087 Text: S03089 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2 as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1, the 1 4 following: 1 5 "Section 1. NEW SECTION. 13.32 DEATH PENALTY 1 6 TRAINING. 1 7 The attorney general, in conjunction with the 1 8 prosecuting attorneys training coordinator, shall 1 9 conduct or sponsor specialized training programs for 1 10 prosecutors who will or may be representing the state 1 11 in cases where a defendant may be executed. The 1 12 programs shall be free of charge to the program 1 13 participants. The costs of sponsoring the programs 1 14 shall be paid by the state under section 902.14." 1 15 #2. Page 1, line 11, by inserting after the word 1 16 "imposed." the following: "The costs of providing or 1 17 contracting with the attorneys shall be paid by the 1 18 state under section 902.14." 1 19 #3. Page 1, line 13, by inserting after the word 1 20 "executed." the following: "The programs shall be 1 21 free of charge to the program participants. The costs 1 22 of sponsoring or conducting the programs shall be paid 1 23 by the state under section 902.14." 1 24 #4. Page 1, by inserting after line 33 the 1 25 following: 1 26 "Sec. . Section 331.757, subsection 1, Code 1 27 1995, is amended to read as follows: 1 28 1. The county attorney may employ, with the 1 29 approval of a judge of the district court, a temporary 1 30 assistant to assist in the trial of a person charged 1 31 with a felony. The temporary assistant shall be paid 1 32 a reasonable compensation as determined by the board 1 33 upon certification of the services rendered by the 1 34 district judge before whom the defendant was tried. 1 35 If the temporary assistant is employed for purposes of 1 36 assisting in the trial of a person who has been 1 37 charged with first degree murder, in which a notice of 1 38 intent to seek the death penalty has been filed, the 1 39 determination of the amount of compensation determined 1 40 to be reasonable by the board shall be forwarded to 1 41 the treasurer of state and the compensation shall be 1 42 paid by the state under section 902.14. 1 43 Sec. . Section 356.15, Code 1995, is amended to 1 44 read as follows: 1 45 356.15 EXPENSES. 1 46 All charges and expenses for the safekeeping and 1 47 maintenance of prisoners shall be allowed by the board 1 48 of supervisors, except those committed or detained by 1 49 the authority of the courts of the United States, in 1 50 whichcasescase the United Statesmustshall pay such 2 1 expenses to the county, except those detained during a 2 2 penalty proceeding in a first degree murder case in 2 3 which a notice of intent to seek the death penalty has 2 4 been filed, in which case the state shall pay the 2 5 expenses to the county under section 902.14, and 2 6 except those committed for violation of a city 2 7 ordinance, in which case the city shall pay expenses 2 8 to the county. 2 9 Sec. . Section 669.14, Code 1995, is amended by 2 10 adding the following new subsection: 2 11 NEW SUBSECTION. 14. A claim to compensate for 2 12 miscarriages of justice for any person innocent of any 2 13 homicidal act who is erroneously sentenced to death. 2 14 For purposes of this section, damages shall include 2 15 actual, nominal, and special damages, and may include, 2 16 but are not limited to, claims for loss of income, 2 17 consortium, medical expenses, emotional distress, loss 2 18 of enjoyment of life, and any related legal fees or 2 19 expenses. 2 20 Sec. . NEW SECTION. 669.25 LIABILITY FOR 2 21 ERRONEOUS DEATH SENTENCES. 2 22 Notwithstanding any provision of this chapter to 2 23 the contrary, if a person establishes a claim against 2 24 the state for damages to compensate for miscarriages 2 25 of justice for any person innocent of any homicidal 2 26 act who is erroneously sentenced to death, the state's 2 27 liability to each such person shall be limited to one 2 28 million dollars. Claims against the state made under 2 29 this section may be filed directly in the district 2 30 court of the county in which the plaintiff is a 2 31 resident or in which the act or omission occurred and, 2 32 if allowed, shall be paid under section 902.14." 2 33 #5. Page 4, by inserting after line 32 the 2 34 following: 2 35 "Sec. . Section 815.13, Code 1995, is amended 2 36 to read as follows: 2 37 815.13 PAYMENT OF PROSECUTION COSTS. 2 38 1.TheExcept as provided in subsection 2, county 2 39 or city which has the duty to prosecute a criminal 2 40 action shall pay the costs of depositions taken on 2 41 behalf of the prosecution, the costs of transcripts 2 42 requested by the prosecution, and in criminal actions 2 43 prosecuted by the county or city under county or city 2 44 ordinance the fees that are payable to the clerk of 2 45 the district court for services rendered and the court 2 46 costs taxed in connection with the trial of the action 2 47 or appeals from the judgment. The county or city 2 48 shall pay witness fees and mileage in trials of 2 49 criminal actions prosecuted by the county or city 2 50 under county or city ordinance. These fees and costs 3 1 are recoverable by the county or city from the 3 2 defendant unless the defendant is found not guilty or 3 3 the action is dismissed, in which case the state shall 3 4 pay the witness fees and mileage in cases prosecuted 3 5 under state law. 3 6 2. In a criminal action for first degree murder 3 7 under section 707.2, where a notice of intent to seek 3 8 the death penalty has been filed, the state shall pay 3 9 under section 902.14 the costs of depositions, 3 10 transcripts, the fees payable to the clerk of district 3 11 court, court costs taxed in connection with the trial 3 12 or appeal which are incurred by the county, as well as 3 13 any witness fees and mileage." 3 14 #6. Page 15, by inserting after line 26, the 3 15 following: 3 16 "Sec. . NEW SECTION. 902.14 DEATH PENALTY 3 17 EXPENSE FUND. 3 18 1. A death penalty expense fund is established as 3 19 a separate fund in the state treasury to serve as a 3 20 repository for the moneys received under the death 3 21 penalty income surtax imposed pursuant to section 3 22 902.15. There is appropriated to the department of 3 23 management out of any moneys in the fund an amount, or 3 24 so much thereof as may be necessary, to pay any claims 3 25 against the fund for costs associated with the 3 26 administration and imposition of the death penalty 3 27 under the laws of this state. 3 28 2. If in any year, there are insufficient funds 3 29 available in the death penalty expense fund to pay all 3 30 of the costs associated with the administration and 3 31 imposition of the death penalty, there is appropriated 3 32 from funds in the state treasury not otherwise 3 33 appropriated a sum sufficient to pay for the unpaid 3 34 expenses associated with the administration and 3 35 imposition of the death penalty. The moneys in the 3 36 death penalty expense fund received during the next 3 37 fiscal year shall be used to reimburse the state 3 38 treasury for any moneys expended under this 3 39 subsection. 3 40 Sec. . NEW SECTION. 902.15 DEATH PENALTY &endash; 3 41 INCOME SURTAX. 3 42 1. Effective for each year beginning with the 3 43 taxable year commencing on January 1, 1995, a death 3 44 penalty income surtax is imposed on the state 3 45 individual income tax. The department of management 3 46 shall establish the amount of the death penalty income 3 47 surtax to be imposed. During the first year of the 3 48 imposition of the surtax, the department shall 3 49 determine the amount of tax necessary to raise from 3 50 the surtax based upon the most recent figures 4 1 available from other states as to the costs associated 4 2 with the administration and imposition of the death 4 3 penalty which are in addition to the costs associated 4 4 in this state with the trial of class "A" felonies. 4 5 In subsequent years, the determination of the amount 4 6 of tax necessary to raise from the surtax shall be 4 7 based on the amount of the claims made against the 4 8 fund in the previous year. The death penalty surtax 4 9 shall be imposed on the state individual income tax on 4 10 the last day of the applicable tax year. As used in 4 11 this section, "state individual income tax" means the 4 12 taxes computed under section 422.5, less the credits 4 13 allowed in sections 422.11A, 422.11B, 422.11C, 422.12, 4 14 and 422.12B. 4 15 2. The director of revenue and finance shall 4 16 administer the death penalty income surtax imposed 4 17 under this chapter, and sections 422.20, 422.22 to 4 18 422.31, 422.68, and 422.72 to 422.75 shall apply with 4 19 respect to administration of the death penalty income 4 20 surtax. 4 21 3. The death penalty income surtax shall be made a 4 22 part of the Iowa individual income tax return subject 4 23 to the conditions and restrictions set forth in 4 24 section 422.21. 4 25 4. The director of revenue and finance shall 4 26 deposit all moneys received as death penalty income 4 27 surtax to the credit of the death penalty expense fund 4 28 which is established in section 902.14. 4 29 5. On or before October 20 each year, the director 4 30 of revenue and finance shall make an accounting of the 4 31 death penalty income surtax collected under this 4 32 chapter applicable to tax returns for the last 4 33 preceding calendar year, and shall certify to the 4 34 department of management the amount of total death 4 35 penalty income surtax credited from the taxpayers." 4 36 #7. By designating, redesignating, and correcting 4 37 internal references as necessary. 4 38 4 39 4 40 4 41 MARY NEUHAUSER 4 42 HF 2.560 76 4 43 lh/jw
Text: S03087 Text: S03089 Text: S03000 - S03099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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