Text: HF02152                           Text: HF02154
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House File 2153

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2153
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PRESENTATION OF VICTIM IMPACT STATEMENTS AT 
  1  5    CRIMINAL SENTENCING HEARINGS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 915.13, subsection 1, paragraph d, Code
  1 10 2001, is amended to read as follows:
  1 11    d.  The victim's right to make a victim impact statement,
  1 12 in one or both any of the following formats:
  1 13    (1)  Written victim impact statement, delivered in court in
  1 14 the presence of the defendant.  Notification shall include the
  1 15 procedures for filing such a statement.
  1 16    (2)  Oral victim impact statement, delivered in court in
  1 17 the presence of the defendant.  The victim shall also be
  1 18 notified of the time and place for such statement.
  1 19    (3)  Video victim impact statement, delivered in court in
  1 20 the presence of the defendant.  Notification shall include the
  1 21 procedures for making and filing the video recording.
  1 22    (4)  Audio victim impact statement, delivered in court in
  1 23 the presence of the defendant.  Notification shall include the
  1 24 procedures for making and filing the audio recording.
  1 25    Sec. 2.  Section 915.21, subsection 1, paragraph a, Code
  1 26 2001, is amended to read as follows:
  1 27    a.  A victim may file a signed victim impact statement with
  1 28 the county attorney, and a filed impact statement shall be
  1 29 included in the presentence investigation report.  If a
  1 30 presentence investigation report is not ordered by the court,
  1 31 a filed victim impact statement shall be provided to the court
  1 32 prior to sentencing.  Unless requested otherwise by the
  1 33 victim, the victim impact statement shall be presented at the
  1 34 sentencing hearing in the presence of the defendant, and at
  1 35 any hearing regarding reconsideration of sentence.  The victim
  2  1 impact statement may be presented by the victim or the
  2  2 victim's attorney or designated representative.
  2  3    Sec. 3.  Section 915.21, subsection 1, Code 2001, is
  2  4 amended by adding the following new paragraphs:
  2  5    NEW PARAGRAPH.  bb.  A victim may make a video recording of
  2  6 a statement or, if available, may make a statement from a
  2  7 remote location through a video monitor at the sentencing
  2  8 hearing, in the presence of the defendant, and at any hearing
  2  9 regarding reconsideration of sentence.
  2 10    NEW PARAGRAPH.  bc.  A victim may make an audio recording
  2 11 of the statement or appear by audio via a speakerphone to make
  2 12 a statement, to be delivered in court in the presence of the
  2 13 defendant, and at any hearing regarding reconsideration of
  2 14 sentence.
  2 15    Sec. 4.  Section 915.21, Code 2001, is amended by adding
  2 16 the following new subsections:
  2 17    NEW SUBSECTION.  3.  A victim shall not be placed under
  2 18 oath and subjected to cross examination at the sentencing
  2 19 hearing.
  2 20    NEW SUBSECTION.  4.  Nothing in this section shall be
  2 21 construed to affect the inherent power of the court to
  2 22 regulate the conduct of persons present in the courtroom.  
  2 23 
  2 24 
  2 25                                                             
  2 26                               BRENT SIEGRIST
  2 27                               Speaker of the House
  2 28 
  2 29 
  2 30                                                             
  2 31                               MARY E. KRAMER
  2 32                               President of the Senate
  2 33 
  2 34    I hereby certify that this bill originated in the House and
  2 35 is known as House File 2153, Seventy-ninth General Assembly.
  3  1 
  3  2 
  3  3                                                             
  3  4                               MARGARET THOMSON
  3  5                               Chief Clerk of the House
  3  6 Approved                , 2002
  3  7 
  3  8 
  3  9                            
  3 10 THOMAS J. VILSACK
  3 11 Governor
     

Text: HF02152                           Text: HF02154
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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