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House Journal: Page 513: Wednesday, February 22, 1995

17   death sentences, at the time in which the particular
18   sentence was sought or imposed, were being sought or
19   imposed significantly more frequently in the
20   jurisdiction in question as follows:
21     a.  Against or upon persons of one race rather than
22   upon persons of another race.
23     b.  As punishment for capital murder committed
24   against persons of one race rather than as punishment
25   for capital murder committed against persons of
26   another race.
27     3.  If statistical evidence is presented to
28   establish an inference that race was the basis for
29   seeking or imposing a sentence of death, the court
30   shall determine the validity and statistical
31   significance of the evidence.  Valid and statistically
32   significant evidence shall include, to the extent such
33   information is compiled and made publicly available,
34   evidence of the statutory aggravating factors of the
35   crimes involved and comparisons of similar cases
36   involving persons of different races.
37     4.  If an inference is made that race was the basis
38   for seeking or imposing a death sentence, the person
39   shall not be executed under section 902.12, unless the
40   state rebuts the inference by a preponderance of the
41   evidence.  The state cannot rely on mere assertions
42   that it did not intend to discriminate or that the
43   case or cases in question meet the statutory criteria
44   for eligibility for imposition of the death penalty."
45     2.  By numbering and renumbering and correcting
46   internal references as necessary.
Roll call was requested by Baker of Polk and Doderer of Johnson.
On the question "Shall amendment H-3131, to the committee
amendment H-3109, be adopted?" (H.F. 2)
The ayes were, 35:

Baker          	Bell           	Bernau         	Brand         
	Burnett        	Cataldo        	Cohoon         	Connors       
	Doderer        	Drees          	Fallon         	Harper        
	Holveck        	Jochum         	Koenigs        	Kreiman       
	Larkin         	Mascher        	May            	McCoy         
	Mertz          	Moreland       	Mundie         	Murphy        
	Myers          	Nelson, L.       	O'Brien        	Ollie        
 	Running        	Schrader       	Shoultz        	Warnstadt     
	Weigel         	Wise           	Witt           	
The nays were, 64:
Arnold         	Blodgett       	Boddicker      	Boggess       
	Bradley        	Branstad       	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla        
	Disney         	Drake          	Eddie          	Ertl          
	Garman         	Gipp           	Greig          	Greiner       
	Gries          	Grubbs         	Grundberg      	Hahn           	

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/00500/00513.html
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