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House Journal: Page 503: Wednesday, February 22, 1995

H-3137
 1     Amend the amendment, H-3109, to House File 2, as
 2   follows:
 3     1.  Page 4, line 7, by inserting after the word
 4   "below." the following:  "If the court finds that the
 5   defendant is mentally retarded, the defendant, if
 6   convicted of murder in the first degree, shall be
 7   sentenced to life imprisonment in the manner provided
 8   in section 902.1, subsection 1."
Amendment H-3137 was adopted.
Kreiman of Davis offered the following amendment H-3160, to the
committee amendment H-3109, filed by Kreiman, May and Burnett
from the floor and moved its adoption:
H-3160
 1     Amend the amendment, H-3109, to House File 2 as
 2   follows:
 3     1.  Page 4, line 30, by inserting after the word
 4   "fact." the following:  "However, if there was no jury
 5   in the initial proceeding or the defendant waived the
 6   right to jury trial in the initial proceeding, the
 7   defendant may demand a jury for the penalty proceeding
 8   by filing an oral or written request with the court."
 9     2.  Page 5, line 14, by striking the words "the
10   trial jury" and inserting the following:  "a jury".
11     3.  Page 5, line 16, by inserting after the word
12   "trial" the following:  "in the initial proceeding and
13   has not filed a demand for jury trial or has waived
14   the right to trial by jury in the penalty proceeding".
15     4.  Page 12, line 14, by striking the words "the
16   trial jury" and inserting the following:  "a jury".
A non-record roll call was requested.
The ayes were 30, nays 57.
Amendment H-3160 lost.
Fallon of Polk asked and received unanimous consent to defer
action on amendment H-3164, to the committee amendment H-3109.
Kreiman of Davis offered the following amendment H-3143, to the
committee amendment H-3109, filed by him from the floor and
moved its adoption:
H-3143
 1     Amend the amendment, H-3109, to House File 2, as
 2   follows:
 3     1.  Page 4, line 34, by inserting after the word
 4   "degree." the following:  "If a notice of intent to

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.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00500/00503.html
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