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House Journal: Page 541: Thursday, February 23, 1995

Page 2  

 1   or appeals from the judgment.  The county or city
 2   shall pay witness fees and mileage in trials of
 3   criminal actions prosecuted by the county or city
 4   under county or city ordinance.  These fees and costs
 5   are recoverable by the county or city from the
 6   defendant unless the defendant is found not guilty or
 7   the action is dismissed, in which case the state shall
 8   pay the witness fees and mileage in cases prosecuted
 9   under state law.
10     2.  In a criminal action for first degree murder
11   under section 707.2, where a notice of intent to seek
12   the death penalty has been filed, the state shall pay
13   the costs of depositions, transcripts, the fees
14   payable to the clerk of district court, court costs
15   taxed in connection with the trial or appeal which are
16   incurred by the county, as well as any witness fees
17   and mileage."
18     3.  By designating, redesignating, and correcting
19   internal references as necessary.
Amendment H-3152 lost.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-3165, to the committee amendment H-3109, previously
deferred, filed by him on February 22, 1995.
Fallon of Polk offered the following amendment H-3164, to the
committee amendment H-3109, previously deferred, filed by him
and moved its adoption:
H-3164
 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, during the course of
 5   jury selection, no prospective juror shall be
 6   disqualified for cause from serving during the initial
 7   proceeding under this section unless the prospective
 8   juror's conscientious opinions would preclude the
 9   juror from rendering a fair and impartial verdict
10   during the proceeding.  A prospective juror who holds
11   an opinion, either for or against the imposition of
12   the death penalty, which would preclude the juror from
13   properly exercising the discretion conferred by law in
14   the determination of a sentence in the penalty portion
15   of the trial, but whose opinion would not preclude the
16   person from rendering an impartial verdict during the
17   initial proceeding, shall be considered an "initial
18   phase includable" juror and shall not be disqualified
19   for cause during the initial proceeding based solely
20   on the holding of those opinions.  Initial phase

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

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