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House Journal: Page 495: Wednesday, February 22, 1995

17   from those findings.  Commencing January 1, 1997, the
18   council shall report its findings and any related
19   recommendations annually to the governor and to the
20   general assembly."
21     2.  By designating, redesignating, and correcting
22   internal references, as necessary.
Amendment H-3154 was adopted.
Kreiman of Davis offered the following amendment H-3136, to the
committee amendment H-3109, filed by him from the floor and
moved its adoption:
H-3136
 1     Amend the amendment, H-3109, to House File 2 as
 2   follows:
 3     1.  Page 2, by inserting after line 39 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  813.5  DEATH PENALTY
 6   REQUEST REVIEW PANEL.
 7     1.  The death penalty request review panel is
 8   established, consisting of three retired judges or
 9   justices who shall be appointed by the governor,
10   subject to confirmation by the senate.  The duties of
11   the death penalty request review panel shall be to
12   review proposed requests for imposition of the death
13   penalty filed with the panel by the attorney
14   representing the interests of the state and to
15   authorize or disallow the requests.  The members of
16   the panel shall serve four-year staggered terms, which
17   shall begin and end as provided in section 69.19.  The
18   panel shall be balanced, as nearly as is possible, by
19   gender and political affiliation as provided in
20   sections 69.16 and 69.16A.  Members appointed shall be
21   compensated for any actual and necessary expenses of
22   office in the manner provided in section 7E.6.
23     2.  An attorney representing the interests of the
24   state who wishes to seek the death penalty in any
25   case, must first submit the request to seek the death
26   penalty to the panel and seek permission to file the
27   notice.  The attorney must demonstrate to the panel
28   how the facts of the particular case meet the
29   requirements of section 902.12 and why a sentence of
30   imprisonment until death is insufficient.  The
31   attorney shall not file a notice of intent to seek the
32   death penalty in any case in which the panel has
33   disallowed the request.  If the panel fails to approve
34   or disapprove the request within thirty days of
35   submission of the request or the panel approves the
36   request, the attorney may file the notice as provided
37   in section 901.11.
38     3.  Before the panel approves or disapproves a
39   request to seek the death penalty, the counsel for the
40   defendant shall be notified of the filing of the
41   request and shall be given the opportunity, both

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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