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Senate Study Bill 20

Conference Committee Text

PAG LIN
  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    Section 11, unnumbered paragraph 1, Article I of the Con-
  1  4 stitution of the State of Iowa, is amended to read as follows:
  1  5    All offences offenses less than felony and in which the
  1  6 punishment does not exceed a fine of one hundred dollars, or
  1  7 imprisonment for thirty days, shall be tried summarily before
  1  8 a justice of the peace, or other an officer authorized by law,
  1  9 on information under oath, without indictment, or the inter-
  1 10 vention of a grand jury, saving to the defendant the right of
  1 11 appeal; and no person shall be held to answer for any higher
  1 12 criminal offense, unless on presentment or indictment by a
  1 13 grand jury, except in cases arising in the army, or navy, or
  1 14 in the militia, when in actual service, in time of war or
  1 15 public danger.
  1 16    Sec. 2.  The foregoing amendment to the Constitution of the
  1 17 State of Iowa is referred to the General Assembly to be chosen
  1 18 at the next general election for members of the General
  1 19 Assembly and the Secretary of State is directed to cause the
  1 20 same to be published for three consecutive months previous to
  1 21 the date of that election as provided by law.  
  1 22                           EXPLANATION
  1 23    This joint resolution proposes an amendment to the
  1 24 Constitution of the State of Iowa regarding certain
  1 25 misdemeanors which are tried summarily by magistrates or other
  1 26 judicial officers, without indictment.  It eliminates the
  1 27 limitation for the fines which may be imposed in matters which
  1 28 are tried in this manner, so that the only criteria is whether
  1 29 the punishment is 30 days or less of imprisonment.  The
  1 30 resolution, if adopted, would be referred to the next general
  1 31 assembly for consideration before being submitted to the
  1 32 electorate for ratification.  
  1 33 LSB 1224XL 76
  1 34 mk/jw/5
     
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