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House Journal: Page 542: Thursday, February 23, 1995

21   includable jurors may be excluded during the penalty
22   phase in the event that the defendant is convicted of
23   first degree murder and a penalty proceeding is held
24   to determine whether a sentence of death should be
25   imposed.  In a penalty proceeding, initial phase
26   includable jurors may be replaced by alternate jurors
27   qualified to render an impartial sentencing verdict."
Amendment H-3164 lost.
The following amendments, to the committee amendment H-3109,
previously deferred and filed on February 22, 1995, were
withdrawn by unanimous consent:
H-3166A, by Kreiman of Davis
H-3166B, by Kreiman of Davis
H-3156, by Moreland, et. al.
H-3174, by Kreiman of Davis
Holveck of Polk offered the following amendment H-3129, to the
committee amendment H-3109, previously deferred, filed by
Holveck, et. al., and moved its adoption:
H-3129
 1     Amend the amendment, H-3109, to House File 2, as
 2   follows:
 3     1.  Page 7, by inserting after line 45 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  901.12  NEW EVIDENCE IN
 6   DEATH PENALTY CASES.
 7     Notwithstanding Iowa rules of criminal procedure
 8   23, Iowa court rules, third edition, if a defendant
 9   has discovered important and material evidence in the
10   defendant's favor since the verdict in the defendant's
11   case, which the defendant could not with reasonable
12   diligence have discovered and produced at the trial,
13   the defendant may file a motion based upon this
14   ground, without unreasonable delay, at any time.  If a
15   motion for a new trial is made under this section, the
16   defendant must produce, at the hearing, the affidavits
17   or testimony of the witnesses by whom the evidence is
18   expected to be given.  If time is required by the
19   defendant to procure the affidavits or testimony, the
20   court may postpone the hearing of the motion for a
21   reasonable period of time."
22     2.  By numbering, renumbering, and correcting
23   internal references as necessary.
A non-record roll call was requested.
The ayes were 26, nays 51.
Amendment H-3129 lost.

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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