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House Journal: Page 507: Wednesday, February 22, 1995

A non-record roll call was requested.
The ayes were 23, nays 57.
Amendment H-3167 lost.
Hurley of Fayette offered the following amendment H-3148, to the
committee amendment H-3109, filed by him and Drake from the
floor and moved its adoption:
H-3148
 1     Amend the amendment, H-3109, to House File 2 as
 2   follows:
 3     1.  Page 6, by inserting after line 19 the
 4   following:
 5     "(__).  The evidence which establishes that the
 6   defendant committed murder in the first degree either
 7   does not include the testimony of two or more
 8   eyewitnesses or is not irrefutable."
 9     2.  By numbering, renumbering, and correcting
10   internal references as necessary.
Amendment H-3148 was adopted.
Rants of Woodbury in the chair at 4:28 p.m.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-3162, to the committee amendment H-3109, filed by
him from the floor.
Kreiman of Davis offered amendment H-3166, to the committee
amendment H-3109, filed by him from the floor and requested
division as follows:
H-3166
 1     Amend the amendment, H-3109, to House File 2 as
 2   follows:
H-3166A
 3     1.  Page 6, line 35, by inserting after the word
 4   "permitted." the following:  "At the conclusion of
 5   evidence in the penalty proceeding, both the state and
 6   the defendant shall be permitted to make rebuttal
 7   arguments."
 8     2.  Page 6, line 36, by inserting after the word
 9   "evidence" the following:  "and arguments".
H-3166B
10     3.  Page 6, line 37, by inserting after the word
11   "proceeding," the following:  "neither the state nor
12   the defendant shall be permitted to make any further
13   rebuttal arguments and".

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