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House Journal: Page 520: Wednesday, February 22, 1995

Bernau of Story asked and received unanimous consent to defer
actionon amendment H-3169 to the committee amendment H-3109,
filed by Bernau, Mascher, Brand, Koenigs, Connors and Holveck
from the floor.
Running of Linn offered amendment H-3183, to the committee
amendment H-3109, filed by him and Fallon from the floor as
follows:
H-3183
 1     Amend the amendment, H-3109, to House File 2 as
 2   follows:
 3     1.  Page 1, by inserting before line 27 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  624.13A  JURY INSTRUCTION
 6   -- DEATH PENALTY --  RIGHT TO JUDGE LAW.
 7     1.  A defendant's right to trial by jury in a case
 8   under section 901.11 includes the right to inform the
 9   jury of the jury's prerogative to judge the law as
10   well as all the evidence, and to render a verdict
11   dictated by conscientious consideration.  This right
12   shall not be limited by the rules of civil or criminal
13   procedure, juror's oath, court order, or procedure or
14   practice of the court, including the use of any method
15   of jury selection which could preclude or limit the
16   impanelment of jurors willing to exercise this power.
17     2.  Once the jury has been informed in accordance
18   with subsection 1, a party to the action shall not be
19   prohibited from presenting arguments to the jury which
20   may pertain to issues of law and conscience, including
21   the following:
22     a.  The merit, intent, constitutionality, or
23   applicability of the law to the defendant's case.
24     b.  The motive, moral perspective, or circumstances
25   of the defendant.
26     c.  The degree and direction of guilt or actual
27   harm done.
28     d.  The sanctions which may be applied to the
29   losing party.
30     3.  Failure to allow the defendant to so inform the
31   jury shall be grounds for a mistrial and another trial
32   by jury."
33     2.  Page 16, line 9, by inserting after the word
34   "applied," the following:  "by providing for certain
35   instructions to the jury,".
Baker of Polk moved that the House adjourn at 9:25 p.m.
A non-record roll call was requested.
The ayes were 30, nays 53.
The motion lost.
Running of Linn moved the adoption of amendment H-3183, to the
committee amendment H-3109.
A non-record roll call was requested.
The ayes were 23, nays 57.

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/00500/00520.html
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