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Text: S03089                            Text: S03091
Text: S03000 - S03099                   Text: S Index
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Senate Amendment 3090

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 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 8.6, Code 1995, is amended by
  1  6 adding the following new subsection:
  1  7    NEW SUBSECTION.  16.  DEATH PENALTY COSTS AND
  1  8 CLAIMS.  In a criminal action for first degree murder
  1  9 under section 707.2, where a notice of intent to seek
  1 10 the death penalty has been filed, determine the costs
  1 11 directly attributable to the administration and
  1 12 imposition of the death penalty."
  1 13    #2.  Page 1, line 21, by striking the word
  1 14 "subsection" and inserting the following:
  1 15 "subsections".
  1 16    #3.  Page 1, by inserting after line 33 the
  1 17 following:
  1 18    "NEW SUBSECTION.  9.  In a criminal action for
  1 19 first degree murder under section 707.2, where a
  1 20 notice of intent to seek the death penalty has been
  1 21 filed, provide the department of management with
  1 22 information relating to the costs directly
  1 23 attributable to the administration and imposition of
  1 24 the death penalty."
  1 25    #4.  Page 16, by inserting after line 4 the
  1 26 following:
  1 27    "Sec.    .  NEW SECTION.  903B.2  EXECUTIONS &endash;
  1 28 PAYMENT OF PROSECUTION COSTS.
  1 29    1.  In a criminal action for first degree murder
  1 30 under section 707.2, where a notice of intent to seek
  1 31 the death penalty has been filed, the state shall pay
  1 32 all costs directly attributable to the administration
  1 33 and imposition of the death penalty, which shall
  1 34 include all of the following:
  1 35    a.  The employment of temporary assistants by the
  1 36 county attorney under section 331.757, for purposes of
  1 37 assisting in the trial.
  1 38    b.  The expenses incurred by the county for the
  1 39 safekeeping and maintenance of prisoners detained in a
  1 40 county jail or other facility during a penalty
  1 41 proceeding.
  1 42    c.  The costs of depositions, transcripts, fees
  1 43 payable to the clerk of the district court, court
  1 44 costs taxed in connection with the trial of appeal,
  1 45 and witness fees and mileage.
  1 46    d.  Any other costs allowed by law.
  1 47    2.  The determination of whether a cost is directly
  1 48 attributable to the administration and imposition of
  1 49 the death penalty under subsection 1 shall be made by
  1 50 the department of management under section 8.6,
  2  1 subsection 16, with information and assistance from
  2  2 the division of criminal and juvenile justice planning
  2  3 of the department of human rights, within one hundred
  2  4 twenty days of the completion of the trial
  2  5 proceedings.  Within sixty days following the
  2  6 completion of a trial proceeding in which the death
  2  7 penalty was requested, the county may submit a written
  2  8 estimate of the costs attributable to the death
  2  9 penalty which were incurred during the trial."
  2 10    #5.  By designating, redesignating, and correcting
  2 11 internal references as necessary.  
  2 12 
  2 13 
  2 14                              
  2 15 O. GENE MADDOX
  2 16 HF 2.275 76
  2 17 lh/jj
     

Text: S03089                            Text: S03091
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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