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