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House Joint Resolution 2

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    Section 11, unnumbered paragraph 1, of Article I of the
  1  4 Constitution of the State of Iowa, as amended by amendment
  1  5 number 2 of the Amendments of 1998, is amended to read as
  1  6 follows:
  1  7    All offenses less than felony and in which the maximum
  1  8 permissible imprisonment does not exceed thirty days shall be
  1  9 tried summarily before an officer authorized by law, on
  1 10 information under oath penalty of perjury, without indictment,
  1 11 or the intervention of a grand jury, saving to the defendant
  1 12 the right of appeal; and no person shall be held to answer for
  1 13 any higher criminal offense, unless on presentment or
  1 14 indictment by a grand jury, except in cases arising in the
  1 15 army, or navy, or in the militia, when in actual service, in
  1 16 time of war or public danger.
  1 17    Sec. 2.  The foregoing amendment to the Constitution of the
  1 18 State of Iowa is referred to the General Assembly to be chosen
  1 19 at the next general election for members of the General
  1 20 Assembly and the Secretary of State is directed to cause the
  1 21 same to be published for three consecutive months previous to
  1 22 the date of that election as provided by law.  
  1 23                           EXPLANATION
  1 24    This joint resolution proposes an amendment to the
  1 25 Constitution of the State of Iowa regarding the current
  1 26 requirement that an indictment by trial information in a
  1 27 misdemeanor case, in which the maximum permissible
  1 28 imprisonment does not exceed 30 days, be acknowledged under
  1 29 oath.  The resolution, in response to a recent Iowa supreme
  1 30 court decision, provides that a trial information in a certain
  1 31 misdemeanor case can be unsworn but must be acknowledged under
  1 32 penalty of perjury.
  1 33    The resolution, if adopted, would be referred to the next
  1 34 general assembly for adoption before being submitted to the
  1 35 electorate for ratification.  
  2  1 LSB 1043HH 79
  2  2 jm/cls/14
     

Text: HJR00001                          Text: HJR00003
Text: HJR00000 - HJR00099               Text: HJR Index
Bills and Amendments: General Index     Bill History: General Index

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