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House Journal: Page 1584: Tuesday, April 14, 1998

22   to section 812.5, or the person has been found not
23   guilty of a sexually violent offense by reason of
24   insanity, if a petition has been filed seeking the
25   person's commitment under this chapter, the court
26   shall first hear evidence and determine whether the
27   person did commit the act or acts charged.  At the
28   hearing on this issue, the rules of evidence
29   applicable in criminal cases shall apply, and all
30   constitutional rights available to defendants at
31   criminal trials, other than the right not to be tried
32   while incompetent, shall apply.  After hearing
33   evidence on this issue, the court shall make specific
34   findings on whether the person did commit the act or
35   acts charged, the extent to which the person's
36   incompetence or insanity affected the outcome of the
37   hearing, including its effect on the person's ability
38   to consult with and assist counsel and to testify on
39   the person's own behalf, the extent to which the
40   evidence could be reconstructed without the assistance
41   of the person, and the strength of the prosecution's
42   case.  If after the conclusion of the hearing on this
43   issue, the court finds, beyond a reasonable doubt,
44   that the person did commit the act or acts charged,
45   the court shall enter a final order, appealable by the
46   person, on that issue, and may proceed to consider
47   whether the person should be committed pursuant to
48   this chapter."
49     15.  Page 6, line 5, by striking the words
50   "completion of any" and inserting the following:

Page 3

 1   "completion of the probable cause".
 2     16.  Page 6, by striking lines 48 and 49 and
 3   inserting the following:  "enter into a chapter 28E
 4   agreement with the department of corrections or other
 5   appropriate agency in this state or another state for
 6   the confinement of".
 7     17.  Page 7, line 3, by striking the words "an
 8   interagency" and inserting the following:  "a chapter
 9   28E".
10     18.  Page 7, by striking lines 20 through 48.
11     19.  By striking page 10, line 27, through page
12   11, line 8.
13     20.  Page 11, by inserting after line 38 the
14   following:
15     "Sec. ___.  Section 815.11, Code 1997, is amended
16   to read as follows:
17     815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
18     Costs incurred under chapter 229A, section 232.141,
19   subsection 3, paragraph "c", sections 814.9, 814.10,
20   814.11, 815.4, 815.5, 815.6, 815.7, 815.10, or the
21   rules of criminal procedure on behalf of an indigent

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01584.html
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