Bill Text: IA HF555 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the sentencing of a minor who commits murder in the first degree, providing penalties, and including effective date and applicability provisions. (Formerly HSB 105)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF555 Detail]
Download: Iowa-2013-HF555-Introduced.html
House
File
555
-
Introduced
HOUSE
FILE
555
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
105)
A
BILL
FOR
An
Act
relating
to
the
sentencing
of
a
minor
who
commits
murder
1
in
the
first
degree,
providing
penalties,
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
901A.2,
subsections
4
and
6,
Code
2013,
1
are
amended
to
read
as
follows:
2
4.
Except
as
otherwise
provided
in
subsection
5
,
a
person
3
convicted
of
a
sexually
predatory
offense
which
is
a
felony
4
who
has
previously
been
sentenced
under
subsection
3
shall
be
5
sentenced
to
life
in
prison
on
the
same
terms
as
a
class
“A”
6
felon
under
section
902.1
,
subsection
1,
notwithstanding
any
7
other
provision
of
the
Code
to
the
contrary.
In
order
for
a
8
person
to
be
sentenced
under
this
subsection
,
the
prosecuting
9
attorney
shall
allege
and
prove
that
this
section
is
applicable
10
to
the
person.
11
6.
A
person
who
has
been
placed
in
a
transitional
release
12
program,
released
with
or
without
supervision,
or
discharged
13
pursuant
to
chapter
229A
,
and
who
is
subsequently
convicted
14
of
a
sexually
predatory
offense
or
a
sexually
violent
15
offense,
shall
be
sentenced
to
life
in
prison
on
the
same
16
terms
as
a
class
“A”
felon
under
section
902.1
,
subsection
17
1,
notwithstanding
any
other
provision
of
the
Code
to
the
18
contrary.
The
terms
and
conditions
applicable
to
sentences
19
for
class
“A”
felons
under
chapters
901
through
909
shall
20
apply
to
persons
sentenced
under
this
subsection
.
However,
21
if
the
person
commits
a
sexually
violent
offense
which
is
a
22
misdemeanor
offense
under
chapter
709
,
the
person
shall
be
23
sentenced
to
life
in
prison,
with
eligibility
for
parole
as
24
provided
in
chapter
906
.
25
Sec.
2.
Section
902.1,
subsection
2,
Code
2013,
is
amended
26
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
27
following:
28
2.
a.
Notwithstanding
subsection
1,
a
person
convicted
of
29
murder
in
the
first
degree
in
violation
of
section
707.2,
and
30
who
was
under
the
age
of
eighteen
at
the
time
the
offense
was
31
committed
shall
receive
either
of
the
following
sentences:
32
(1)
Commitment
to
the
director
of
the
department
of
33
corrections
for
the
rest
of
the
defendant’s
life
with
no
34
possibility
of
parole
unless
the
governor
commutes
the
sentence
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to
a
term
of
years.
1
(2)
Commitment
to
the
custody
of
the
director
of
the
2
department
of
corrections
for
the
rest
of
the
defendant’s
life
3
with
the
possibility
of
parole
after
serving
a
minimum
term
of
4
confinement
of
forty-five
years.
5
b.
(1)
The
prosecuting
attorney
shall
provide
reasonable
6
notice
to
the
defendant,
after
conviction
and
prior
to
7
sentencing,
of
the
state’s
intention
to
seek
a
life
sentence
8
with
no
possibility
of
parole
under
paragraph
“a”
,
subparagraph
9
(1).
10
(2)
In
determining
whether
to
impose
a
life
sentence
with
no
11
possibility
of
parole,
the
court
shall
consider
all
aggravating
12
and
mitigating
circumstances
including
but
not
limited
to
the
13
following:
14
(a)
The
impact
of
the
offense
on
each
victim,
as
defined
in
15
section
915.10,
through
the
use
of
a
victim
impact
statement,
16
as
defined
in
section
915.10,
under
any
format
permitted
by
17
section
915.13.
The
victim
impact
statement
may
include
18
comment
on
the
sentence
of
the
defendant.
19
(b)
The
impact
of
the
offense
on
the
community.
20
(c)
The
threat
to
the
safety
of
the
public
or
any
individual
21
posed
by
the
defendant.
22
(d)
The
degree
of
participation
in
the
murder
by
the
23
defendant.
24
(e)
The
nature
of
the
offense.
25
(f)
The
severity
of
the
offense,
including
any
of
the
26
following:
27
(i)
The
murder’s
commission
while
participating
in
another
28
felony.
29
(ii)
The
number
of
victims.
30
(iii)
The
heinous,
brutal,
cruel
manner
of
the
murder,
31
including
whether
the
murder
was
the
result
of
torture.
32
(g)
The
age-related
characteristics
of
the
defendant,
33
including
the
following:
34
(i)
The
age
of
the
defendant
at
the
time
of
the
commission
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of
the
offense.
1
(ii)
The
capacity
of
the
defendant
to
appreciate
the
2
criminality
of
the
conduct.
3
(iii)
Whether
the
ability
to
conform
the
defendant’s
4
conduct
with
the
requirements
of
the
law
was
substantially
5
impaired.
6
(iv)
The
level
of
maturity
of
the
defendant.
7
(v)
The
intellectual
and
mental
capacity
of
the
defendant.
8
(vi)
The
nature
and
extent
of
any
prior
juvenile
or
criminal
9
history
of
the
defendant,
including
the
success
or
failure
of
10
previous
attempts
at
rehabilitation.
11
(vii)
The
mental
history
of
the
defendant.
12
(viii)
The
family
background
and
home
environment
of
the
13
defendant.
14
(ix)
The
level
of
compulsion,
duress,
or
influence
exerted
15
upon
the
defendant,
but
not
to
such
an
extent
as
to
constitute
16
a
defense.
17
(x)
The
likelihood
that
the
defendant
would
benefit
from
18
rehabilitation
in
confinement.
19
(xi)
The
likelihood
of
the
commission
of
further
offenses
20
by
the
defendant.
21
(h)
Any
other
information
considered
relevant
by
the
22
sentencing
court.
23
(3)
The
court
may
consider
evidence
presented
at
trial
and
24
additional
evidence
presented
by
the
prosecution
or
defense
at
25
the
sentencing
hearing.
The
court
shall
specify
on
the
record
26
the
aggravating
or
mitigating
circumstances
considered
by
the
27
court
and
the
reasons
of
the
court
supporting
the
sentence
28
imposed.
29
3.
Notwithstanding
subsections
1
and
2,
a
person
convicted
30
of
a
class
“A”
felony,
other
than
murder
in
the
first
degree
31
in
violation
of
section
707.2,
and
who
was
under
the
age
32
of
eighteen
at
the
time
the
offense
was
committed
shall
be
33
eligible
for
parole
after
serving
a
minimum
term
of
confinement
34
of
twenty-five
years.
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4.
If
a
person
is
paroled
pursuant
to
subsection
2
or
3,
the
1
person
shall
be
subject
to
the
same
set
of
procedures
set
out
2
in
chapters
901B,
905,
906,
and
908,
and
rules
adopted
under
3
those
chapters
for
persons
on
parole.
4
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
5
immediate
importance,
takes
effect
upon
enactment.
6
Sec.
4.
APPLICABILITY.
This
Act
applies
to
a
person
who
7
was
under
the
age
of
eighteen
at
the
time
murder
in
the
first
8
degree
was
committed,
and
who
is
convicted
prior
to,
on,
or
9
after
the
effective
date
of
this
Act.
10
EXPLANATION
11
This
bill
relates
to
the
sentencing
of
a
minor
who
commits
12
murder
in
the
first
degree.
13
Current
law
prohibits
any
person
who
commits
murder
in
the
14
first
degree,
including
a
minor,
from
being
paroled
unless
the
15
governor
commutes
the
life
sentence
to
a
term
of
years.
16
Under
the
bill,
a
person
who
commits
murder
in
the
first
17
degree
and
who
was
under
the
age
of
18
at
the
time
the
offense
18
was
committed
may
receive
a
life
sentence
with
the
possibility
19
of
parole
after
serving
a
minimum
term
of
confinement
of
45
20
years.
21
The
bill
also
provides
that
a
person
who
commits
murder
22
in
the
first
degree
and
who
was
under
the
age
of
18
at
the
23
time
the
offense
was
committed
may
also
be
sentenced
to
life
24
in
prison
without
the
possibility
of
parole.
The
bill
lists
25
numerous
aggravating
and
mitigating
circumstances
for
the
court
26
to
consider
prior
to
sentencing
a
minor
to
life
imprisonment
27
with
no
possibility
of
parole.
The
bill
requires
the
court
28
to
specify
on
the
record
the
aggravating
or
mitigating
29
circumstances
considered
by
the
court
and
the
reasons
for
the
30
sentence
imposed.
31
Current
law
and
the
bill
provide
that
a
person
convicted
32
of
a
class
“A”
felony,
other
than
murder
in
the
first
degree,
33
and
who
was
under
the
age
of
18
at
the
time
the
offense
was
34
committed
shall
be
eligible
for
parole
after
serving
a
minimum
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