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Forty-sixth Calendar Day - Thirtieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 23, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Monsignor Louis Kollasch, St. Malachy's
Catholic Church, Madrid.
The Journal of Wednesday, February 22, 1995 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk, on request of Schrader of Marion; Siegrist of
Pottawattamie, Dinkla of Guthrie, and Boddicker of Cedar, all
until their arrival, on request of Weidman of Cass.
PETITIONS FILED
By Harper of Black Hawk, from thirty-five constituents of
District 26, opposing House File 2, relating to the
reinstatement of the death penalty.
By Shoultz of Black Hawk from, thirty-five Waterloo citizens
opposing House File 2, relating to the reinstatement of the
death penalty.
INTRODUCTION OF BILLS
House Joint Resolution 11, by committee on judiciary, a joint
resolution proposing an amendment to the Constitution of the
State of Iowa to eliminate the limitation on fines for offenses
which may be summarily tried without indictment.
Read first time and placed on the calendar.
House Joint Resolution 12, by Boddicker, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
relating to the power of the people to propose laws and
amendments to the Constitution by initiative petition and to
enact or reject acts of the General Assembly by referendum.
Read first time and referred to committee on state government.
House File 205, by committee on commerce-regulation, a bill for
an act relating to health care benefits coverage by providing
for coordination of benefits with state medical assistance, for
continuation of benefits pursuant to court-ordered medical child
support, and for coverage for an adopted child.
Read first time and placed on the calendar.
House File 206, by committee on technology, a bill for an act
relating to the Iowa communications network and authorizing the
state to own the connections for certain part III users.
Read first time and placed on the calendar.
House File 207, by Meyer, a bill for an act relating to the
eligibility requirements for free hunting licenses for deer and
wild turkey.
Read first time and referred to committee on natural resources.
House File 208, by Martin, a bill for an act requiring use of
seat belts in truck beds by minors and making existing penalties
applicable.
Read first time and referred to committee on transportation.
House File 209, by committee on commerce-regulation, a bill for
an act relating to the validity of a notarial act by an officer,
director, or shareholder of a corporation and providing for
retroactive application.
Read first time and placed on the calendar.
House File 210, by Cohoon, a bill for an act authorizing a court
to require a criminal offender as part of a restitution order to
make financial contributions to a local anticrime organization.
Read first time and referred to committee on judiciary.
House File 211, by Salton and Greig, a bill for an act providing
a sales tax exemption relating to aircraft and providing
effective date and retroactive applicability provisions.
Read first time and referred to committee on ways and means.
House File 212, by committee on local government, a bill for an
act relating to the delegation of authority to an administrative
agency of a city.
Read first time and placed on the calendar.
House File 213, by Daggett, a bill for an act relating to the
filing of claims for credit or refund by retired federal
employees as a result of the unconstitutional taxation of
federal pensions under the state individual income tax,
providing for the credit or refund to be paid in three calendar
years.
Read first time and referred to committee on ways and means.
House File 214, by Connors, a bill for an act requiring the
labeling of Christmas trees and providing penalties.
Read first time and referred to committee on agriculture.
House File 215, by Harrison, Hurley, Boggess, Huseman, Bradley,
Coon, Brunkhorst, Hahn, Blodgett, Carroll, Cornelius, Millage,
Cormack, Van Fossen, Boddicker, Schulte, Welter, Garman, Grubbs,
Houser, Churchill, Gries, Lamberti, Arnold, Martin, Jacobs,
Klemme, Salton, Disney, Nutt, Thomson, Greiner, Greig, Larson,
Sukup, Witt, Mundie, Metcalf, Grundberg, Hammitt, Drake, Lord,
Renken, Rants, Tyrrell, Brauns, Eddie, Branstad, Nelson of
Marshall, Ertl, Mertz and Larkin, a bill for an act to require
that all inmates of the institutions under the control of the
department of corrections perform hard labor, and providing
transition provisions.
Read first time and referred to committee on judiciary.
House File 216, by May, a bill for an act authorizing townships
to provide emergency medical services.
Read first time and referred to committee on local government.
HOUSE FILE 35 REREFERRED
The Speaker announced that House File 35, previously referred to
committee on natural resources, was rereferred to committee on
local government.
CONSIDERATION OF BILLS
Regular Calendar
The House resumed consideration of House File 2, a bill for an
act applying the death penalty or life imprisonment, by
establishing the offense of capital murder, by providing a
minimum age for imposition of a death sentence, by providing for
review of death sentences, by providing for execution by lethal
injection, by amending the rules of criminal procedure, and by
providing for the Act's applicability, previously deferred and
the committee amendment H-3109, as amended, pending.
Rants of Woodbury in the chair at 8:55 a.m.
Kreiman of Davis offered the following amendment H-3168, to the
committee amendment H-3109, filed by him and Bernau and moved
its adoption:
H-3168
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 3, by inserting after line 17 the
4 following:
5 " . Whether another defendant, who is equally
6 culpable in the murder, will not receive or has not
7 received a sentence of death for participation in the
8 offense."
9 2. By designating, redesignating, and correcting
10 internal references as necessary.
Roll call was requested by Kreiman of Davis and Holveck of Polk.
On the question "Shall amendment H-3168, to the committee
amendment H-3109, be adopted?" ( H.F. 2)
The ayes were, 35:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Doderer
Drees Fallon Grundberg 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, 60:
Arnold Blodgett Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Cornelius Daggett Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Renken Salton
Schulte Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Rants,
Presiding
Absent or not voting, 5:
Boddicker Brammer Connors Dinkla
Siegrist
Amendment H-3168 lost.
Holveck of Polk offered the following amendment H-3181, to the
committee amendment H-3109, filed by him and Grubbs and moved
its adoption:
H-3181
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 3, line 36, by inserting after the word
4 "charge." the following: "In addition, if at any
5 point in federal post-conviction proceedings an
6 indigent defendant is not afforded court-appointed
7 counsel, the state shall provide counsel to the
8 defendant to present any claims determined meritorious
9 by the federal court if the defendant is not otherwise
10 represented by legal counsel."
Amendment H-3181 was adopted.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H--3170, to the committee amendment H-3109,
filed by Grundberg, et al., on February 22, 1995.
Grundberg of Polk offered the following amendment H-3177, to the
committee amendment H-3109, filed by her and Fallon and moved
its adoption:
H-3177
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 3, line 46, by inserting after the word
4 "retarded" the following: "or mentally ill".
5 2. Page 4, line 3, by inserting after the word
6 "retardation" the following: "or mental illness".
7 3. Page 4, line 11, by inserting after the word
8 "retardation" the following: "or mental illness".
9 4. Page 4, line 13, by inserting after the word
10 "retardation" the following: "or mental illness".
11 5. Page 4, line 15, by inserting after the word
12 "retardation" the following: "or mental illness".
13 6. Page 9, line 17, by inserting after the word
14 "retarded" the following: "or mentally ill".
15 7. Page 10, by inserting after line 20 the
16 following:
17 "For purposes of this section, "mentally ill" means
18 the condition of a person who is suffering from a
19 chronic and persistent serious mental disease or
20 disorder and who, by reason of that condition, lacks
21 sufficient judgment to make responsible decisions
22 regarding treatment and is reasonably likely to injure
23 the person's self or others who may come into contact
24 with the person if the person is allowed to remain at
25 liberty without treatment."
Roll call was requested by Baker of Polk and Doderer of Johnson.
On the question "Shall amendment H-3177, to the committee
amendment H-3109, be adopted?" ( H.F. 2 )
The ayes were, 63:
Arnold Baker Bell Bernau
Boggess Brand Branstad Burnett
Carroll Cataldo Cohoon Coon
Cormack Dinkla Doderer Drake
Drees Eddie Ertl Fallon
Gipp Greiner Gries Grundberg
Halvorson Hammitt Harper Harrison
Heaton Holveck Houser Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Larkin Martin Mascher
May McCoy Mertz Metcalf
Meyer Moreland Mundie Murphy
Myers Nelson B Nelson, L. O'Brien
Ollie Running Schrader Shoultz
Thomson Tyrrell Warnstadt Weigel
Welter Wise Witt
The nays were, 34:
Blodgett Boddicker Bradley Brauns
Brunkhorst Churchill Corbett, Spkr. Cornelius
Daggett Disney Garman Greig
Grubbs Hahn Hanson Hurley
Kremer Lamberti Larson Lord
Main Millage Nutt Renken
Salton Schulte Sukup Teig
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Rants, Presiding
Absent or not voting, 3:
Brammer Connors Siegrist
Amendment H-3177 was adopted.
PRESENTATION OF IOWA PORK QUEEN
O'Brien of Boone presented to the House, Chandra Herrstrom of
Boone County, 1995 Iowa Pork Queen. Chandra, a freshman at Iowa
State University majoring in Agricultural Business, addressed
the House briefly.
The House rose and expressed its welcome.
The House stood at ease at 10:15 a.m., until the fall of the
gavel.
The House reconvened at 11:10 a.m., Rants of Woodbury in the
chair.
Doderer of Johnson offered the following amendment H-3176, to
the committee amendment H-3109, filed by her and moved its
adoption:
H-3176
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 6, by striking lines 5 through 8 and
4 inserting the following: "prior adult criminal
5 activity."
Amendment H-3176 was adopted.
Hurley of Fayette asked and received unanimous consent to defer
action on amendment H-3184, to the committee amendment H-3109.
Kreiman of Davis offered the following amendment H-3178, to the
committee amendment H-3109, filed by him and moved its adoption:
H-3178
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 6, line 37, by inserting after the word
4 "proceeding," the following: "the state and the
5 defendant or the defendant's counsel shall be
6 permitted to make closing arguments, including any
7 rebuttal arguments, in the same manner as in the
8 initial proceeding and".
9 2. Page 12, line 35, by inserting after the word
10 "evidence," the following: "the state and the
11 defendant or the defendant's counsel shall be
12 permitted to make closing arguments, including any
13 rebuttal arguments, in the same manner as in the
14 initial proceeding and".
Amendment H-3178 was adopted.
Kreiman of Davis offered the following amendment H-3185, to the
committee amendment H-3109, filed by him and moved its adoption:
H-3185
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 7, by inserting after line 14 the
4 following:
5 " . Concurrently with the return of the findings
6 on the issues submitted under subsection 5, the jury,
7 or the court if there is no jury, shall return special
8 verdicts as follows:
9 a. Which of the factor, or factors, enumerated in
10 section 902.12, has been unanimously found to have
11 been established beyond a reasonable doubt.
12 b. Which aggravating circumstances were
13 established and were considered in reaching the
14 verdict returned on the issue specified in subsection
15 5, paragraph "b".
16 c. Which mitigating circumstances were established
17 and were considered in reaching the verdict returned
18 on the issue specified in subsection 5, paragraph
19 "b"."
20 2. Page 13, by inserting after line 8 the
21 following:
22 " . Concurrently with the return of the findings
23 on the issues submitted under subsection 5, the jury,
24 or the court if there is no jury, shall return special
25 verdicts as follows:
26 a. Which of the factor, or factors, enumerated in
27 section 902.12, has been unanimously found to have
28 been established beyond a reasonable doubt.
29 b. Which aggravating circumstances were
30 established and were considered in reaching the
31 verdict returned on the issue specified in subsection
32 3, paragraph "b".
33 c. Which mitigating circumstances were established
34 and were considered in reaching the verdict returned
35 on the issue specified in subsection 3, paragraph
36 "b"."
37 3. By renumbering and correcting internal
38 references as necessary.
Amendment H-3185 was adopted.
Brand of Benton offered the following amendment H-3179, to the
committee amendment H-3109, filed by Brand, et. al., and moved
its adoption:
H-3179
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 9, by inserting after line 1 the
4 following:
5 "Sec. 101. NEW SECTION. 902.1A CLASS "A" FELONY.
6 Upon a plea of guilty, a verdict of guilty, or a
7 special verdict upon which a judgment of conviction of
8 a class "A" felony may be rendered, the court shall
9 enter a judgment of conviction and shall commit the
10 defendant into the custody of the director of the Iowa
11 department of corrections until the defendant's death.
12 Nothing in the Iowa corrections code pertaining to
13 deferred judgment, deferred sentence, suspended
14 sentence, or reconsideration of sentence applies to a
15 class "A" felony, and a person convicted of a class
16 "A" felony shall not be released on parole unless the
17 governor commutes the sentence to a term of years."
18 2. Page 9, by inserting after line 13 the
19 following:
20 "Sec. 102. NEW SECTION. 902.2A RECORD OF CLASS
21 "A" FELON REVIEWED.
22 The board shall interview a class "A" felon within
23 five years of the felon's confinement and regularly
24 thereafter. If, in the opinion of the board, the
25 person should be considered for release on parole, the
26 board shall recommend to the governor that the
27 person's sentence be commuted to a term of years. If
28 the person's sentence is so commuted, the person shall
29 be eligible for parole as provided in chapter 906."
30 3. Page 16, by inserting after line 3 the
31 following:
32 "Sec. ___. EFFECTIVE DATE -- REPEAL -- TRANSITION.
33 1. Sections 101 and 102 of this Act take effect
34 July 1, 2000.
35 2. Sections 1 through 18 of this Act, and sections
36 902.1 and 902.2, are repealed effective June 30, 2000.
37 3. Persons who have been convicted and sentenced
38 to death, but who have not been executed before July
39 1, 2000, shall not be executed and the sentences
40 imposed shall be commuted to a term of imprisonment
41 until death if the general assembly so provides.
42 Persons who have been charged or indicted with an
43 offense which may be punishable by a sentence of death
44 before July 1, 2000, under the provisions of this Act
45 shall not be sentenced to death upon conviction of the
46 offense in any proceeding which takes place on or
47 after July 1, 2000, but shall be sentenced in
48 accordance with section 101 of this Act."
49 4. By designating, redesignating, and correcting
50 internal references as necessary.
Roll call was requested by Baker of Polk and Brand of Benton.
On the question "Shall amendment H-3179, to the committee
amendment H-3109, be adopted?" (H.F. 2 )
The ayes were, 36:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Hanson
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, 60:
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 Hahn Halvorson
Hammitt Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Renken
Salton Schulte Sukup Teig
Thomson Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Rants,
Presiding
Absent or not voting, 4:
Brammer Grundberg Siegrist Tyrrell
Amendment H-3179 lost.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendments H-3180 and H-3186, to the committee
amendment H-3109, filed on February 22, 1995.
Murphy of Dubuque offered the following amendment H-3187, to the
committee amendment H-3109, filed by him from the floor and
moved its adoption:
H-3187
1 Amend the amendment, H-3109, to House File 2, as
2 follows:
3 1. Page 10, by inserting after line 10 the
4 following:
5 " . The victim was murdered in or within one
6 hundred fifty feet of a hospital or medical clinic and
7 the victim was either a medical services provider or a
8 person seeking or receiving services from the hospital
9 or clinic."
10 2. By designating, redesignating, and correcting
11 internal references as necessary.
Roll call was requested by Baker of Polk and Myers of Johnson.
On the question "Shall amendment H-3187, to the committee
amendment H-3109, be adopted?" (H.F. 2 )
The ayes were, 26:
Arnold Baker Boddicker Burnett
Connors Dinkla Doderer Drees
Ertl Grubbs Grundberg Harrison
Jochum Lamberti Larkin Martin
Mascher Mertz Metcalf Millage
Moreland Murphy Myers Nelson, B.
Schulte Weidman
The nays were, 70:
Bell Blodgett Boggess Bradley
Brand Branstad Brauns Brunkhorst
Carroll Cataldo Churchill Cohoon
Coon Corbett, Spkr. Cormack Cornelius
Daggett Disney Drake Eddie
Fallon Garman Gipp Greig
Greiner Gries Hahn Halvorson
Hammitt Hanson Harper Heaton
Holveck Houser Hurley Huseman
Jacobs Klemme Koenigs Kreiman
Kremer Larson Lord Main
May McCoy Meyer Mundie
Nelson, L. Nutt O'Brien Ollie
Renken Running Salton Schrader
Shoultz Sukup Teig Thomson
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weigel Welter Wise
Witt Rants, Presiding
Absent or not voting, 4:
Bernau Brammer Siegrist Tyrrell
Amendment H-3187 lost.
Bernau of Story asked and received unanimous consent to withdraw
amendment H-3169, to the committee amendment H-3109, previously
deferred, filed by Bernau, et.al. on February 22, 1995.
Bernau of Story offered the following amendment H-3189, to the
committee amendment H-3109, filed by Bernau, Mascher, Brand,
Koenigs, Connors and Holveck from the floor and moved its
adoption:
H-3189
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 1, by inserting after line 26 the
4 following:
5 "Sec. ___. Section 669.14, Code 1995, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 14. A claim to compensate for
8 miscarriages of justice for any person innocent of any
9 homicidal act who is erroneously sentenced to death.
10 For purposes of this section, damages shall include
11 actual, nominal, and special damages, and may include,
12 but are not limited to, claims for loss of income,
13 consortium, medical expenses, emotional distress, loss
14 of enjoyment of life, and any related legal fees or
15 expenses.
16 Sec. ___. NEW SECTION. 669.25 LIABILITY FOR
17 ERRONEOUS DEATH SENTENCES.
18 Notwithstanding any provision of this chapter to
19 the contrary, claims against the state which request
20 the payment of damages to compensate for miscarriages
21 of justice for any person innocent of any homicidal
22 act who is erroneously sentenced to death shall be
23 permitted and may be filed directly in the district
24 court of the state of Iowa for the district in which
25 the plaintiff is resident or in which the act or
26 omission occurred."
27 2. By renumbering and correcting internal
28 references as necessary.
Roll call was requested by Bernau of Story and Brand of Benton.
On the question "Shall amendment H-3189, to the committee
amendment H-3109, be adopted?" (H.F. 2 )
The ayes were, 39:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Coon Dinkla Doderer Drees
Fallon Harper Harrison 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 Rants, Presiding
The nays were, 59:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Cornelius Daggett Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Hanson Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson. B. Nutt Renken Salton
Schulte Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter
Absent or not voting, 2:
Brammer Siegrist
Amendment H-3189 lost.
Weigel of Chickasaw offered the following amendment H-3152, to
the committee amendment H-3109, previously deferred, filed by
Weigel, et. al., and moved its adoption:
H-3152
1 Amend the amendment, H-3109, to House File 2 as
2 follows:
3 1. Page 1, by inserting after line 26 the
4 following:
5 "Sec. ___. Section 331.757, subsection 1, Code
6 1995, is amended to read as follows:
7 1. The county attorney may employ, with the
8 approval of a judge of the district court, a temporary
9 assistant to assist in the trial of a person charged
10 with a felony. The temporary assistant shall be paid
11 a reasonable compensation as determined by the board
12 upon certification of the services rendered by the
13 district judge before whom the defendant was tried.
14 If the temporary assistant is employed for purposes of
15 assisting in the trial of a person who has been
16 charged with first degree murder, in which a notice of
17 intent to seek the death penalty has been filed, the
18 determination of the amount of compensation determined
19 to be reasonable by the board shall be forwarded to
20 the treasurer of state and the compensation shall be
21 paid by the state."
22 Sec. ___. Section 356.15, Code 1995, is amended to
23 read as follows:
24 356.15 EXPENSES.
25 All charges and expenses for the safekeeping and
26 maintenance of prisoners shall be allowed by the board
27 of supervisors, except those committed or detained by
28 the authority of the courts of the United States, in
29 which cases the United States must pay such expenses
30 to the county, those detained during a penalty
31 proceeding in a first degree murder case in which a
32 notice of intent to seek the death penalty has been
33 filed, in which cases the state shall pay the
34 expenses to the county, and those committed for
35 violation of a city ordinance, in which case the city
36 shall pay expenses to the county."
37 2. Page 3, by inserting after line 40 the
38 following:
39 "Sec. ___. Section 815.13, Code 1995, is amended
40 to read as follows:
41 815.13 PAYMENT OF PROSECUTION COSTS.
42 1. The Except as provided in subsection 2,
county
43 or city which has the duty to prosecute a criminal
44 action shall pay the costs of depositions taken on
45 behalf of the prosecution, the costs of transcripts
46 requested by the prosecution, and in criminal actions
47 prosecuted by the county or city under county or city
48 ordinance the fees that are payable to the clerk of
49 the district court for services rendered and the court
50 costs taxed in connection with the trial of the action
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
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.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-3173, to the committee amendment H-3109, previously
deferred, filed by him on February 22, 1995.
MOTION TO RECONSIDER PREVAILED
Coon of Warren called up for consideration the motion to
reconsider amendment H-3148, to the committee amendment H-3109,
to House File 2, a bill for an act applying the death penalty or
life imprisonment, by establishing the offense of capital
murder, by providing a minimum age for imposition of a death
sentence, by providing for review of death sentences, by
providing for execution by lethal injection, by amending the
rules of criminal procedure, and by providing for the Act's
applicability, filed by him on February 22, 1995 and moved to
reconsider the vote by which amendment H-3148, to the committee
amendment H-3109 was adopted by the House on February 22, 1995.
A non-record roll call was requested.
The ayes were 52, nays 41.
The motion prevailed and the House reconsidered amendment
H-3148, to the committee amendment H-3109, found on page 507 of
the House Journal.
Hurley of Fayette moved the adoption of amendment H-3148, to the
committee amendment H-3109.
Amendment H-3148 lost.
Hurley of Fayette offered the following amendment H-3184, to the
committee amendment H-3109, previously deferred, filed by Hurley
et. al. and moved its adoption:
H-3184
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 does
7 not include direct evidence from at least two
8 different sources or is not irrefutable."
9 2. By numbering, renumbering, and correcting
10 internal references as necessary.
Amendment H-3184 was adopted.
On motion by Grubbs of Scott, the committee amendment H-3109, as
amended, was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Running of Linn on request of Schrader of Marion.
Speaker Corbett in the chair at 5:43 p.m.
Grubbs of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2)
The ayes were, 54:
Arnold Blodgett Boddicker Bradley
Branstad Brauns Brunkhorst Carroll
Cataldo Churchill Cormack
Cornelius Daggett Dinkla Disney
Drake Garman Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Harrison Heaton Houser
Hurley Huseman Klemme Kremer
Lamberti Larson Lord Main
Martin Meyer Millage Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker Corbett
The nays were, 44:
Baker Bell Bernau Boggess
Brand Burnett Cohoon Connors
Coon Doderer Drees Eddie
Ertl Fallon Gipp Grundberg
Hanson Harper Holveck Jacobs
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Metcalf Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. O'Brien
Ollie Schrader Shoultz Tyrrell
Warnstadt Weigel Wise Witt
Absent or not voting, 2:
Brammer Running
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2 be immediately messaged to the Senate
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on February 23, 1995, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 20, a House Concurrent Resolution
relating to Pioneer Lawmakers.
Also: That the Senate has on February 23, 1995, adopted the
following resolution in which the concurrence of the Senate was
asked:
House Concurrent Resolution 21, a concurrent resolution honoring
Ms. Sugar Macaulay upon her retirement as the Capitol Tour Guide
Supervisor.
Also: That the Senate has on February 23, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Joint Resolution 12, a joint resolution authorizing the
temporary use and consumption of alcoholic beverages in the
State Capitol in conjunction with a buffet dinner sponsored by
the Des Moines Rotary Club and featuring the State Capitol
restoration and providing an effective date.
Also: That the Senate has on February 23, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 150, a bill for an act relating to child abuse
involving termination of parental rights in certain abuse or
neglect cases and access by other states to child abuse
information.
Also: That the Senate has on February 23, 1995, concurred in the
House amendment and adopted the following resolution in which
the concurrence of the Senate was asked:
Senate Concurrent Resolution 6, a concurrent resolution
objecting to a plan proposed by the United States Corps of
Engineers to dramatically alter the operation of the Missouri
River, and to request that the current operation of the river be
maintained or that an alternative plan be considered that does
not negatively impact upon the effective operation of the river.
JOHN F. DWYER, Secretary
SPONSORS ADDED
(House File 203)
Daggett of Union requested to be added as a sponsor of House
File 203.
(House File 203)
Drake of Pottawattamie requested to be added as a sponsor of
House File 203.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 23,
1995. Had I been present, I would have voted "nay" on House File
2.
RUNNING of Linn
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Two students from Scott Community College, Davenport,
accompanied by Dr. Rose Shultz. By Van Fossen of Scott.
Eighty eighth grade students from Belmond-Klemme Junior High,
Klemme, accompanied by Rex Kozak. By Branstad of Winnebago.
Students from Western Community College, Council Bluffs. By
Hammitt of Harrison.
SUBCOMMITTEE ASSIGNMENTS
House File 202
State Government: Renken, Chair; Connors and Houser.
House File 207
Natural Resources: Cornelius, Chair; Mertz and Tyrrell.
Senate File 157
Environmental Protection: Vande Hoef, Chair; Van Fossen and Witt.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 187
State Government: Thomson, Chair; Bradley and Witt.
House Study Bill 191
Environmental Protection: Rants, Chair; Bradley and Mascher.
House Study Bill 195
State Government: Bradley, Chair; Cataldo and Disney.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 196 State Government
Relating to state government personnel systems, training
programs, grievance procedures, experimental research projects,
discrimination investigations, collective bargaining matters,
and contracts for services.
H.S.B. 197 Transportation
Providing for class "C" area service system roads and providing
a penalty.
H.S.B. 198 Transportation
Relating to motor carrier certification by establishing a motor
carrier education course, requiring a compliance review, and
imposing fees.
H.S.B. 199 Transportation
Relating to proportional registration by providing for
registration identification.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON EDUCATION
Committee Bill (Formerly House Study Bill 148), relating to
administrative costs associated with implementation by the area
education agencies of the medical assistance reimbursement for
eligible special education services.
Fiscal Note is required.
Recommended Amend and Do Pass February 22, 1995.
COMMITTEE ON JUDICIARY
House File 118, a bill for an act relating to compensation of
volunteer fire fighters when subpoenaed as witnesses.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3188 February
21, 1995.
COMMITTEE ON STATE GOVERNMENT
Committee Bill (Formerly House Study Bill 41), relating to
education requirements for nurses.
Fiscal Note is not required.
Recommended Amend and Do Pass February 22, 1995.
AMENDMENTS FILED
H-3188 H.F. 118 Committee on Judiciary
H-3190 H.F. 61 Running of Linn
H-3191 H.F. 190 Bernau of Story
Halvorson of Clayton
H-3192 S.F. 69 Halvorson of Clayton
H-3193 S.F. 69 Halvorson of Clayton
H-3194 S.F. 69 Halvorson of Clayton
H-3195 S.F. 69 Halvorson of Clayton
H-3196 S.F. 69 Halvorson of Clayton
H-3197 S.F. 69 Houser of Pottawattamie
Vande Hoef of Osceola
H-3198 S.F. 69 Myers of Johnson
Jochum of Dubuque Doderer of Johnson
Running of Linn Ollie of Clinton
Wise of Lee Mascher of Johnson
Burnett of Story Witt of Black Hawk
Brand of Benton Moreland of Wapello
Harper of Black Hawk Kreiman of Davis
Bernau of Story Baker of Polk
Mundie of Webster Connors of Polk
Schrader of Marion
H-3199 S.F. 69 Halvorson of Clayton
H-3200 S.F. 69 Bernau of Story
Schrader of Marion Holveck of Polk
Murphy of Dubuque Doderer of Johnson
Cohoon of Des Moines Ollie of Clinton
Baker of Polk Fallon of Polk
Larkin of Lee Running of Linn
Bell of Jasper Wise of Lee
Mascher of Johnson Jochum of Dubuque
Burnett of Story Witt of Black Hawk
Brand of Benton Harper of Black Hawk
Moreland of Wapello Myers of Johnson
Kreiman of Davis Connors of Polk
Shoultz of Black Hawk May of Worth
Mundie of Webster O'Brien of Boone
Nelson of Pottawattamie Koenigs of Mitchell
Mertz of Kossuth Drees of Carroll
Weigel of Chickasaw Warnstadt of Woodbury
McCoy of Polk Cataldo of Polk
H-3201 S.F. 69 Cornelius of Jackson
H-3202 S.F. 69 Doderer of Johnson
Murphy of Dubuque Ollie of Clinton
Baker of Polk Holveck of Polk
Mascher of Johnson Jochum of Dubuque
Burnett of Story Witt of Black Hawk
Brand of Benton Moreland of Wapello
Mertz of Kossuth Nelson of Pottawattamie
Weigel of Chickasaw Koenigs of Mitchell
O'Brien of Boone May of Worth
Shoultz of Black Hawk Bernau of Story
Mundie of Webster Connors of Polk
Schrader of Marion
H-3203 S.F. 69 Weigel of Chickasaw
Schrader of Marion Bernau of Story
Jochum of Dubuque Baker of Polk
Brand of Benton Moreland of Wapello
Myers of Johnson Mundie of Webster
H-3204 S.F. 69 Bernau of Story
Weigel of Chickasaw Doderer of Johnson
Holveck of Polk Wise of Lee
Mascher of Johnson Jochum of Dubuque
Brand of Benton Moreland of Wapello
Warnstadt of Woodbury Mertz of Kossuth
Nelson of Pottawattamie O'Brien of Boone
Shoultz of Black Hawk Baker of Polk
Connors of Polk Schrader of Marion
H-3205 S.F. 69 Warnstadt of Woodbury
Mascher of Johnson Wise of Lee
Jochum of Dubuque Burnett of Story
Brand of Benton Moreland of Wapello
Harper of Black Hawk Kreiman of Davis
Shoultz of Black Hawk Bernau of Story
Connors of Polk Schrader of Marion
H-3206 S.F. 69 Running of Linn
Larkin of Lee Cohoon of Des Moines
Ollie of Clinton Baker of Polk
Mascher of Johnson Burnett of Story
Witt of Black Hawk Jochum of Dubuque
Brand of Benton Kreiman of Davis
Cataldo of Polk Warnstadt of Woodbury
Moreland of Wapello Weigel of Chickasaw
Koenigs of Mitchell Nelson of Pottawattamie
O'Brien of Boone Mertz of Kossuth
Mundie of Webster Myers of Johnson
Bernau of Story Connors of Polk
Schrader of Marion
H-3207 S.F. 69 O'Brien of Boone
Running of Linn Murphy of Dubuque Holveck of Polk Doderer of
Johnson Larkin of Lee Baker of Polk Ollie of Clinton Cohoon
of Des Moines Bell of Jasper Mascher of Johnson Harper of
Black Hawk Burnett of Story Connors of Polk Jochum of
Dubuque Witt of Black Hawk Kreiman of Davis Fallon of
Polk Brand of Benton Cataldo of Polk McCoy of
Polk Warnstadt of Woodbury Moreland of Wapello Weigel of
Chickasaw Koenigs of Mitchell Nelson of Pottawattamie Mertz
of Kossuth Myers of Johnson May of Worth Mundie of
Webster Bernau of Story Schrader of Marion
H-3208 S.F. 69 Shoultz of Black Hawk
Weigel of Chickasaw Doderer of Johnson
Fallon of Polk Baker of Polk
Holveck of Polk Wise of Lee
Mascher of Johnson Jochum of Dubuque
Brand of Benton Drees of Carroll
Nelson of Pottawattamie Koenigs of Mitchell
Mertz of Kossuth Mundie of Webster
Kreiman of Davis Bernau of Story
Connors of Polk Schrader of Marion
H-3209 S.F. 69 Weigel of Chickasaw
Witt of Black Hawk Jochum of Dubuque
Ollie of Clinton Doderer of Johnson
Baker of Polk Burnett of Story
Harper of Black Hawk Mascher of Johnson
Brand of Benton Myers of Johnson
Kreiman of Davis May of Worth
Shoultz of Black Hawk Mundie of Webster
Bernau of Story Connors of Polk
Schrader of Marion
H-3210 S.F. 69 Mertz of Kossuth
Witt of Black Hawk Wise of Lee
Burnett of Story Mascher of Johnson
Doderer of Johnson Ollie of Clinton
Jochum of Dubuque Brand of Benton
Cataldo of Polk Moreland of Wapello
Drees of Carroll Nelson of Pottawattamie
Baker of Polk Weigel of Chickasaw
Koenigs of Mitchell O'Brien of Boone
Mundie of Webster May of Worth
Shoultz of Black Hawk Bernau of Story
Connors of Polk Schrader of Marion
H-3211 S.F. 69 Jochum of Dubuque
Witt of Black Hawk Wise of Lee
Murphy of Dubuque Doderer of Johnson
Mascher of Johnson Burnett of Story
Brand of Benton Kreiman of Davis
Cataldo of Polk McCoy of Polk
Warnstadt of Woodbury Weigel of Chickasaw
Drees of Carroll Koenigs of Mitchell
Mertz of Kossuth O'Brien of Boone
Nelson of Pottawattamie May of Worth
Mundie of Webster Shoultz of Black Hawk
Bernau of Story Baker of Polk
Connors of Polk Schrader of Marion
H-3212 S.F. 69 Houser of Pottawattamie
Vande Hoef of Osceola
On motion by Siegrist of Pottawattamie, the House adjourned at
6:08 p.m. until 8:45 a.m., Friday, February 24, 1995.
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Index: House Journal (76th General Assembly: Session 1)
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