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House Journal: Page 1536: Thursday, April 24, 1997

H-1913

 1     Amend House File 674, as passed by the House, as
 2   follows:
 3     1.  Page 1, by inserting after line 22, the
 4   following:
 5     "__.  The individual was imprisoned solely on the
 6   basis of the conviction that was vacated, dismissed,
 7   or reversed and on which no further proceedings can be
 8   or will be had."
 9     2.  Page 1, by striking lines 23 and 24 and
10   inserting the following:
11     "2.  Upon receipt of an order vacating, dismissing,
12   or reversing the conviction and sentence in a case for
13   which no further proceedings can be or will be held
14   against an individual on any facts and circumstances
15   alleged in the proceedings which resulted in the
16   conviction, the district court shall make a
17   determination whether there is clear and convincing
18   evidence to establish either of the".
19     3.  Page 1, line 27, by striking the words "and
20   sentenced" and inserting the following:  ", sentenced,
21   and imprisoned".
22     4.  Page 1, line 30, by striking the words "and
23   sentenced" and inserting the following:  ", sentenced,
24   and imprisoned".
25     5.  Page 1, by striking lines 32 and 33 and
26   inserting the following:
27     "3.  If the district court finds that there is
28   clear and convincing evidence to support either of".
29     6.  Page 1, line 34, by striking the words and
30   figure "1, paragraph "e"" and inserting the following:
31   "2".
32     7.  Page 2, by striking lines 9 through 12, and
33   inserting the following:  "of this section, to the
34   individual named in the order."
35     8.  Page 2, line 24, by striking the words
36   "include any of" and inserting the following:  "are
37   limited to".
38     9.  By striking page 2, line 34, through page 3,
39   line 3, and inserting the following:
40     "___.  An amount of liquidated damages in an amount
41   equal to fifty dollars per day of wrongful
42   imprisonment."
43     10.  Page 3, lines 5 and 6, by striking the words
44   "arrest, prosecution, conviction," and inserting the
45   following:  "conviction".
46     11.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1913.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Mon Apr 28 13:40:02 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/01500/01536.html
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