Text: S05036 Text: S05038 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2139 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 915.13, subsection 1, 1 5 paragraph d, Code 2001, is amended to read as follows: 1 6 d. The victim's right to make a victim impact 1 7 statement, inone or bothany of the following 1 8 formats: 1 9 (1) Written victim impact statement, delivered in 1 10 court in the presence of the defendant. Notification 1 11 shall include the procedures for filing such a 1 12 statement. 1 13 (2) Oral victim impact statement, delivered in 1 14 court in the presence of the defendant. The victim 1 15 shall also be notified of the time and place for such 1 16 statement. 1 17 (3) Video victim impact statement, delivered in 1 18 court in the presence of the defendant. Notification 1 19 shall include the procedures for making and filing the 1 20 video recording. 1 21 (4) Audio victim impact statement, delivered in 1 22 court in the presence of the defendant. Notification 1 23 shall include the procedures for making and filing the 1 24 audio recording. 1 25 Sec. 2. Section 915.21, subsection 1, paragraph a, 1 26 Code 2001, is amended to read as follows: 1 27 a. A victim may file a signed victim impact 1 28 statement with the county attorney, and a filed impact 1 29 statement shall be included in the presentence 1 30 investigation report. If a presentence investigation 1 31 report is not ordered by the court, a filed victim 1 32 impact statement shall be provided to the court prior 1 33 to sentencing. Upon request of the victim, the victim 1 34 impact statement shall be presented at the sentencing 1 35 hearing in the presence of the defendant, and at any 1 36 hearing regarding reconsideration of sentence. The 1 37 victim impact statement may be presented by the victim 1 38 or the victim's attorney or designated representative. 1 39 Sec. 3. Section 915.21, subsection 1, Code 2001, 1 40 is amended by adding the following new paragraphs: 1 41 NEW PARAGRAPH. bb. A victim may make a video 1 42 recording of a statement or, if available, may make a 1 43 statement from a remote location through a video 1 44 monitor at the sentencing hearing, in the presence of 1 45 the defendant, and at any hearing regarding 1 46 reconsideration of sentence. 1 47 NEW PARAGRAPH. bc. A victim may make an audio 1 48 recording of the statement or appear by audio via a 1 49 speakerphone to make a statement, to be delivered in 1 50 court in the presence of the defendant, and at any 2 1 hearing regarding reconsideration of sentence. 2 2 Sec. 4. Section 915.21, Code 2001, is amended by 2 3 adding the following new subsection: 2 4 NEW SUBSECTION. 3. Nothing in this section shall 2 5 be construed to affect the inherent power of the court 2 6 to regulate the conduct of persons present in the 2 7 courtroom." 2 8 2 9 2 10 2 11 O. GENE MADDOX 2 12 ROBERT E. DVORSKY 2 13 SF 2139.701 79 2 14 jm/cls
Text: S05036 Text: S05038 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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