Bill Text: IA SF336 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act creating the penalty of death for the commission of the multiple offense of murder in the first degree and sexual abuse against the same person, providing penalties, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Garrett, Bisignano, and Schultz. S.J. 426. [SF336 Detail]
Download: Iowa-2017-SF336-Introduced.html
Senate File 336 - Introduced SENATE FILE BY BERTRAND A BILL FOR 1 An Act creating the penalty of death for the commission of the 2 multiple offense of murder in the first degree and sexual 3 abuse against the same person, providing penalties, and 4 including effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1944XS (2) 87 jm/rj PAG LIN 1 1 Section 1. Section 13B.4, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6A. The state public defender shall perform 1 4 all of the following duties with respect to the appointment of 1 5 counsel for indigent persons in cases in which a sentence of 1 6 death may be or is to be imposed: 1 7 a. Provide or contract with attorneys for appointment as 1 8 lead counsel and cocounsel to provide legal services in cases 1 9 where a person is charged with the multiple offense of murder 1 10 in the first degree and sexual abuse under section 902.15, and 1 11 the state has given notice of intent to seek the death penalty 1 12 or in cases in which a sentence of death is to be imposed. 1 13 b. Conduct or sponsor specialized training programs for 1 14 attorneys representing persons who may be executed. 1 15 Sec. 2. NEW SECTION. 602.10112 Qualifications of counsel 1 16 in death penalty cases. 1 17 The supreme court shall prescribe rules which establish 1 18 minimum standards and procedures by which attorneys may become 1 19 qualified to provide legal services as lead counsel in cases in 1 20 which a sentence of death may be or is to be imposed. 1 21 Sec. 3. NEW SECTION. 812A.1 Procedure to determine sanity 1 22 of condemned inmate. 1 23 1. At any time prior to execution of an inmate under section 1 24 902.1B, if the director of the department of corrections or 1 25 the counsel for a person who is under a sentence of execution 1 26 has cause to believe that the inmate is suffering from such 1 27 a diseased or deranged condition of the mind as to prevent 1 28 the defendant from knowing the nature and quality of the act 1 29 the defendant has been convicted of, or from understanding 1 30 that trial on the offense has taken place and that execution 1 31 proceedings are about to take place, or to otherwise cause the 1 32 defendant to lack the capacity to understand the sentence which 1 33 has been imposed and to participate in any legal proceedings 1 34 relating to the sentence, the director or counsel may file a 1 35 request with the court that issued the warrant for execution 2 1 for a determination of the inmate's sanity. If the court 2 2 determines that there is not sufficient reason to believe 2 3 that the inmate is insane, the court shall enter an order 2 4 denying the request and shall state the grounds for denying the 2 5 request. If the court believes that there is sufficient reason 2 6 to believe that the inmate is insane, the court shall suspend 2 7 the execution and conduct a hearing to determine the sanity of 2 8 the inmate. 2 9 2. At the hearing, the court shall determine the issue of 2 10 the inmate's sanity. Prior to the hearing, the court shall 2 11 appoint two licensed physicians or licensed psychologists, or 2 12 one licensed physician and one licensed psychologist, who are 2 13 qualified by training and practice, for purposes of conducting 2 14 a psychiatric or psychological examination of the inmate. The 2 15 physicians or psychologists shall examine the inmate and report 2 16 any findings in writing to the court within ten days after 2 17 the order of examination is issued. The inmate shall have 2 18 the right to present evidence and cross=examine any witnesses 2 19 at the hearing. Any statement made by the inmate during the 2 20 course of any examination provided for in this section, whether 2 21 or not the inmate consents to the examination, shall not be 2 22 admitted into evidence against the inmate in any criminal 2 23 proceeding for purposes other than a determination of the 2 24 inmate's sanity. 2 25 3. If, at the conclusion of a hearing held pursuant to 2 26 this section, the court determines that the inmate is sane, 2 27 the court shall enter an order setting a date for the inmate's 2 28 execution, which shall be carried into effect in the same 2 29 manner as provided in the original sentence. A copy of the 2 30 order shall be sent to the director of the department of 2 31 corrections and the governor. 2 32 4. If, at the conclusion of a hearing held pursuant to this 2 33 section, the court determines that the inmate is insane, the 2 34 court shall suspend the execution until further order. At any 2 35 time after issuance of the order, if the court has sufficient 3 1 reason to believe that the inmate has become sane, the court 3 2 shall again determine the sanity of the inmate as provided 3 3 by this section. Proceedings pursuant to this section may 3 4 continue to be held at such times as the court orders until 3 5 it is either determined that the inmate is sane or incurably 3 6 insane. 3 7 Sec. 4. NEW SECTION. 814.28 Review of death sentence. 3 8 1. In a case in which a sentence of death is imposed, the 3 9 supreme court shall automatically review the judgment and 3 10 sentence. The court's review of the case shall be de novo. The 3 11 case shall not be transferred to the court of appeals. 3 12 2. A review by the supreme court of a judgment and sentence 3 13 imposing the punishment of death has priority over all other 3 14 criminal and other actions pending before the supreme court. 3 15 3. The supreme court shall review the trial and judgment, 3 16 and shall separately review the sentencing proceeding. Upon 3 17 determining that errors did not occur at the trial requiring 3 18 reversal or modification of the judgment, the supreme court 3 19 shall proceed to determine if the sentence of death is lawfully 3 20 imposed. In its review of the sentencing proceeding the 3 21 supreme court shall determine all of the following: 3 22 a. Whether the sentence of death was imposed capriciously or 3 23 under the influence of prejudice or other arbitrary factor. 3 24 b. Whether the special verdicts returned under section 3 25 901D.1 are supported by the evidence. 3 26 c. Whether the sentence of death is excessive or 3 27 disproportionate to the penalty imposed in similar cases, 3 28 considering both the crime and the defendant. 3 29 4. If the supreme court determines that the sentence of 3 30 death was not lawfully imposed, the supreme court shall set 3 31 aside the sentence and shall remand the case to the trial 3 32 court for a second sentencing proceeding to determine if the 3 33 imposition of death is warranted. 3 34 5. If the supreme court affirms the judgment and sentence 3 35 of death, the clerk of the supreme court shall certify the 4 1 judgment of the supreme court under the seal of the supreme 4 2 court to the clerk of the trial court. 4 3 Sec. 5. Section 815.10, Code 2017, is amended by adding the 4 4 following new subsection: 4 5 NEW SUBSECTION. 1A. If two attorneys have not already 4 6 been appointed pursuant to section 13B.4 or 13B.9, the court 4 7 shall appoint, for each indigent person who is charged with 4 8 the multiple offense of murder and sexual abuse under section 4 9 902.15, and in which a notice of intent to seek the death 4 10 penalty has been filed, two attorneys who are qualified under 4 11 section 602.10112 to represent the person in the proceedings 4 12 and in all state legal proceedings which take place from the 4 13 time the person is indicted or arraigned until the person 4 14 is sentenced on the charge. In addition, if at any point 4 15 in federal postconviction proceedings an indigent person 4 16 is not afforded court=appointed counsel, the state shall 4 17 provide counsel to the person to present any claims determined 4 18 meritorious by the federal court if the person is not otherwise 4 19 represented by legal counsel. Only private attorneys and 4 20 public defenders who are qualified to provide representation in 4 21 cases in which the death penalty may be imposed are eligible 4 22 for appointment or assignment to a case in which the death 4 23 penalty may be imposed. 4 24 Sec. 6. NEW SECTION. 901D.1 Murder proceedings ==== request 4 25 for death penalty ==== penalty proceedings. 4 26 1. As used in this section: 4 27 a. "Intellectually disabled" means the same as defined in 4 28 section 902.15. 4 29 b. "Mentally ill" or "mental illness" means the same as 4 30 defined in section 902.15. 4 31 2. If a notice of intent to seek the death penalty has 4 32 been filed, objections to the imposition of the death penalty 4 33 based upon allegations that a defendant was intellectually 4 34 disabled or mentally ill at the time of the commission of 4 35 the offense shall be raised within the time provided for the 5 1 filing of pretrial motions under rule of criminal procedure 5 2 2.11, Iowa court rules. The court may, for good cause shown, 5 3 allow late filing of the motion. Hearing on the motion shall 5 4 be held prior to trial and the burden of proof shall be on the 5 5 defendant to prove intellectual disability or mental illness 5 6 by a preponderance of the evidence. However, a rebuttable 5 7 presumption of intellectual disability arises if a defendant 5 8 has an intelligence quotient of seventy=five or below. If the 5 9 court finds that the defendant is intellectually disabled, 5 10 the defendant, if convicted of the multiple offense of murder 5 11 and sexual abuse under section 902.15, shall not be sentenced 5 12 to death but shall be sentenced to life imprisonment in the 5 13 manner provided in section 902.1. A finding by the court that 5 14 the evidence presented by the defendant at the hearing does 5 15 not preclude the imposition of the death penalty under this 5 16 section and section 902.15 shall not preclude the introduction 5 17 of evidence of intellectual disability or mental illness during 5 18 the penalty proceeding. If the court finds that evidence of 5 19 intellectual disability or mental illness does not preclude 5 20 imposition of the death penalty, evidence of intellectual 5 21 disability or mental illness may be reviewed by the jury in 5 22 the penalty proceeding and the jury shall not be informed of 5 23 the finding in the initial proceeding at any time during the 5 24 penalty proceeding. 5 25 3. If at the trial on a charge of the multiple offense 5 26 of murder and sexual abuse under section 902.15, the state 5 27 intends to request that the death penalty be imposed under 5 28 section 902.1B, the prosecutor shall file a notice of intent 5 29 to seek the death penalty, at the time of and as part of the 5 30 information or indictment filed in the case. 5 31 4. If a notice of intent to seek the death penalty has been 5 32 filed, the trial shall be conducted in bifurcated proceedings 5 33 before the same trier of fact. During the initial proceeding, 5 34 the jury, or the court if the defendant waives the right to a 5 35 jury trial, shall decide only whether the defendant is guilty 6 1 or not guilty of the multiple offense of murder and sexual 6 2 abuse under section 902.15. 6 3 a. If, in the initial proceeding, the court or jury finds 6 4 the defendant guilty of, or the defendant pleads guilty to, 6 5 an offense other than the multiple offense of murder and 6 6 sexual abuse under section 902.15, the court shall sentence 6 7 the defendant in accordance with the sentencing procedures set 6 8 forth in rule of criminal procedure 2.23, Iowa court rules, and 6 9 chapters 901 through 909, which are applicable to the offense. 6 10 b. If the court or jury finds the defendant guilty of, or 6 11 the defendant pleads guilty to, the multiple offense of murder 6 12 and sexual abuse under section 902.15, but the prosecuting 6 13 attorney waives the death penalty, the court shall sentence 6 14 the defendant to life imprisonment in accordance with the 6 15 sentencing procedures set forth in rule of criminal procedure 6 16 2.23, Iowa court rules, and chapters 901 through 909, which 6 17 are otherwise applicable to convictions of murder in the first 6 18 degree and sexual abuse. 6 19 c. If the court or jury finds the defendant guilty of the 6 20 multiple offense of murder and sexual abuse under section 6 21 902.15, or a defendant enters a plea of guilty in the initial 6 22 proceeding, and the prosecuting attorney does not waive 6 23 imposition of the death penalty, a penalty proceeding shall be 6 24 held in the manner provided in subsections 5 through 13. 6 25 5. No sooner than twenty=four hours after a verdict of 6 26 guilty or a plea of guilty to the multiple offense of murder 6 27 and sexual abuse under section 902.15 is returned in the 6 28 initial proceeding, a penalty proceeding shall be held to 6 29 determine whether the defendant shall be sentenced to death 6 30 or to life imprisonment. The proceeding shall be conducted 6 31 in the trial court before the trial jury, or the court if the 6 32 defendant has waived the right to a jury trial or has waived 6 33 the right for the proceeding to be before the trial jury. Both 6 34 the state and the defendant shall have the right to present 6 35 opening statements at the commencement of the proceeding. In 7 1 the proceeding, evidence relevant to the existence of any 7 2 aggravating or mitigating circumstances may be presented as 7 3 follows: 7 4 a. The state or the defendant may present evidence relevant 7 5 to the conviction of the multiple offense enumerated in section 7 6 902.15 and any aggravating circumstances other than juvenile 7 7 delinquency adjudications for offenses which carry penalties 7 8 equivalent to the penalties imposed for simple or serious 7 9 misdemeanors. The state may introduce evidence of the actual 7 10 harm caused by the commission of the multiple offense of murder 7 11 and sexual abuse under section 902.15, including but not 7 12 limited to evidence relating to the life of the victim and the 7 13 impact of the loss of the victim to the victim's family and 7 14 society. 7 15 b. The defendant may present evidence that the defendant 7 16 was intellectually disabled or mentally ill at the time of the 7 17 commission of the offense. The burden of proof shall be on the 7 18 defendant to prove intellectual disability or mental illness 7 19 by a preponderance of the evidence. However, a rebuttable 7 20 presumption of intellectual disability arises if a defendant 7 21 has an intelligence quotient of seventy=five or below. 7 22 c. The state or the defendant may present evidence relevant 7 23 to any mitigating circumstances which may exist. Mitigating 7 24 circumstances may include the following circumstances: 7 25 (1) The defendant was under the influence of an extreme 7 26 mental or emotional disturbance insufficient to constitute a 7 27 defense. 7 28 (2) The age of the defendant at the time of the offense. 7 29 (3) The defendant's capacity to appreciate the wrongfulness 7 30 of the defendant's conduct and to conform that conduct to the 7 31 requirements of law was significantly impaired as a result of a 7 32 mental disease or defect or intellectual disability, but not to 7 33 a degree sufficient to constitute a defense. 7 34 (4) The defendant has no significant history of prior adult 7 35 criminal activity. 8 1 (5) The defendant acted under extreme duress or under the 8 2 substantial domination of another person. 8 3 (6) The defendant did not directly commit the multiple 8 4 offense of murder and sexual abuse and the defendant did not 8 5 intend to kill or anticipate that lethal force would be used. 8 6 (7) Any other factor which is relevant to the defendant's 8 7 character or record or to the circumstances of the offense. 8 8 d. The state and the defendant or the defendant's counsel 8 9 shall be permitted to present and cross=examine witnesses and 8 10 present arguments for or against a sentence of death. Evidence 8 11 regarding aggravating and mitigating circumstances shall not 8 12 be governed by the rules governing admissibility of evidence, 8 13 except that introduction of evidence secured in violation of 8 14 the Constitution of the United States or of the Constitution of 8 15 the State of Iowa shall not be permitted. 8 16 6. At the conclusion of presentation of evidence in 8 17 the penalty proceeding, the state and the defendant or the 8 18 defendant's counsel shall be permitted to make closing 8 19 arguments, including any rebuttal arguments, in the same manner 8 20 as in the initial proceeding and the following issues shall be 8 21 determined by the jury or the court if there is no jury: 8 22 a. Whether the aggravating circumstance or circumstances 8 23 have been established beyond a reasonable doubt and outweigh 8 24 any one or more mitigating circumstances. 8 25 b. Whether the defendant shall be sentenced to death. 8 26 7. A recommendation for a sentence of death shall not be 8 27 permitted if the recommendation is based on the race, color, 8 28 religious beliefs, national origin, or sex of the defendant 8 29 or of any victim, or based on any other protected class under 8 30 chapter 216. After submission of the issues, but prior to the 8 31 return of a finding in the penalty proceeding, if the matter 8 32 is tried before a jury, the court shall instruct the jury 8 33 that in considering whether a sentence of death is justified, 8 34 the jury shall not consider race, color, religious beliefs, 8 35 national origin, or sex of the defendant or of any victim, or 9 1 consider any other protected class under chapter 216. The 9 2 court shall further instruct the jury that the jury shall not 9 3 return a sentence of death unless the jury concludes that such 9 4 a sentence would be recommended no matter what the race, color, 9 5 religious beliefs, national origin, sex, or other protected 9 6 class of the defendant or of any victim may be. 9 7 8. After submission of the issues, but prior to the 9 8 commencement of the jury deliberations in the penalty 9 9 proceeding, the court shall instruct the jury that if the 9 10 defendant is not sentenced to death, the court is required by 9 11 law to impose a sentence of imprisonment until death without 9 12 parole. The court shall further instruct the jury that 9 13 the sentence of imprisonment until death without parole is 9 14 required by law if the jury fails to reach a unanimous verdict 9 15 recommending a sentence of death. 9 16 9. Concurrently with the return of the findings on the 9 17 issues submitted under subsection 6, the jury, or the court if 9 18 there is no jury, shall return special verdicts as follows: 9 19 a. Which aggravating circumstances were established beyond a 9 20 reasonable doubt and were considered in reaching the verdict. 9 21 b. Which mitigating circumstances were established and 9 22 were considered in reaching the verdict returned on the issue 9 23 specified in subsection 6, paragraph "a". 9 24 10. If the jury, or the court if there is no jury, returns 9 25 a unanimous affirmative finding on each of the issues submitted 9 26 under subsection 6, paragraphs "a" and "b", the court shall 9 27 enter a judgment of conviction and shall sentence the defendant 9 28 to death as provided in section 902.1B. 9 29 11. However, if evidence that the defendant was not a 9 30 major participant in the commission of the multiple offense 9 31 of murder and sexual abuse under section 902.15, and that the 9 32 defendant's conduct did not manifest a reckless indifference 9 33 to human life is presented to the jury, or the court if there 9 34 is no jury, the jury or the court shall also return a special 9 35 verdict on the issue. If the jury unanimously determines, or 10 1 the court if there is no jury, finds that a preponderance of 10 2 evidence exists that shows that the defendant was not a major 10 3 participant in the commission of the multiple offense of murder 10 4 and sexual abuse under section 902.15, and that the defendant's 10 5 conduct did not manifest a reckless indifference to human 10 6 life, the court shall enter a judgment of conviction and shall 10 7 sentence the defendant to life imprisonment as provided in 10 8 section 902.1, even if the jury or the court returns unanimous 10 9 affirmative findings on each of the issues submitted under 10 10 subsection 6. 10 11 12. If the jury, or the court if there is no jury, returns 10 12 a negative finding on any of the issues submitted under 10 13 subsection 6, paragraph "a" or "b", the court shall enter a 10 14 judgment of conviction and shall sentence the defendant to life 10 15 imprisonment as provided in section 902.1. 10 16 13. After a verdict has been rendered it shall be recorded 10 17 on the jury verdict form and shall be read and recorded in open 10 18 court. The jurors shall be collectively asked by the court 10 19 whether the verdict returned is their true and correct verdict. 10 20 Even though no juror makes any declaration to the contrary, the 10 21 jury shall, if either party so requests, be polled and each 10 22 juror shall be separately asked whether the verdict rendered by 10 23 the jury foreperson is the juror's true and correct verdict. 10 24 If, upon either the collective or the separate inquiry, any 10 25 juror denies that the verdict is the juror's verdict, the court 10 26 shall refuse to accept the verdict. The court may direct 10 27 inquiry or permit inquiry by counsel to ascertain whether any 10 28 juror has been subjected to coercion or has become confused 10 29 during the jury deliberation process. The court may, as 10 30 appropriate, direct the jury to resume deliberation in the 10 31 case. If no disagreement on the verdict is expressed by any of 10 32 the jurors, the court shall discharge the jury. 10 33 Sec. 7. Section 902.1, subsection 1, Code 2017, is amended 10 34 to read as follows: 10 351.UponExcept as provided in section 902.1A or 902.1B, a 11 1 plea of guilty, a verdict of guilty, or a special verdict upon 11 2 which a judgment of conviction of a class "A" felony may be 11 3 rendered, the court shall enter a judgment of conviction and 11 4 shall commit the defendant into the custody of the director 11 5 of the Iowa department of corrections for the rest of the 11 6 defendant's life. Nothing in the Iowa corrections code 11 7 pertaining to deferred judgment, deferred sentence, suspended 11 8 sentence, or reconsideration of sentence applies to a class "A" 11 9 felony, and a person convicted of a class "A" felony shall not 11 10 be released on parole unless the governor commutes the sentence 11 11 to a term of years. 11 12 Sec. 8. Section 902.1, subsections 2, 3, and 4, Code 2017, 11 13 are amended by striking the subsections. 11 14 Sec. 9. NEW SECTION. 902.1A Class "A" felony sentencing ==== 11 15 juveniles. 11 16 1. a. Notwithstanding section 902.1, a defendant convicted 11 17 of murder in the first degree in violation of section 707.2, 11 18 and who was under the age of eighteen at the time the offense 11 19 was committed shall receive one of the following sentences: 11 20 (1) Commitment to the custody of the director of the 11 21 department of corrections for the rest of the defendant's life 11 22 with no possibility of parole unless the governor commutes the 11 23 sentence to a term of years. 11 24 (2) Commitment to the custody of the director of the 11 25 department of corrections for the rest of the defendant's life 11 26 with the possibility of parole after serving a minimum term of 11 27 confinement as determined by the court. 11 28 (3) Commitment to the custody of the director of the 11 29 department of corrections for the rest of the defendant's life 11 30 with the possibility of parole. 11 31 b. (1) The prosecuting attorney shall provide reasonable 11 32 notice to the defendant, after conviction and prior to 11 33 sentencing, of the state's intention to seek a life sentence 11 34 with no possibility of parole under paragraph "a", subparagraph 11 35 (1). 12 1 (2) In determining which sentence to impose, the court shall 12 2 consider all circumstances including but not limited to the 12 3 following: 12 4 (a) The impact of the offense on each victim, as defined in 12 5 section 915.10, through the use of a victim impact statement, 12 6 as defined in section 915.10, under any format permitted by 12 7 section 915.13. The victim impact statement may include 12 8 comment on the sentence of the defendant. 12 9 (b) The impact of the offense on the community. 12 10 (c) The threat to the safety of the public or any individual 12 11 posed by the defendant. 12 12 (d) The degree of participation in the murder by the 12 13 defendant. 12 14 (e) The nature of the offense. 12 15 (f) The defendant's remorse. 12 16 (g) The defendant's acceptance of responsibility. 12 17 (h) The severity of the offense, including any of the 12 18 following: 12 19 (i) The commission of the murder while participating in 12 20 another felony. 12 21 (ii) The number of victims. 12 22 (iii) The heinous, brutal, cruel manner of the murder, 12 23 including whether the murder was the result of torture. 12 24 (i) The capacity of the defendant to appreciate the 12 25 criminality of the conduct. 12 26 (j) Whether the ability to conform the defendant's conduct 12 27 with the requirements of the law was substantially impaired. 12 28 (k) The level of maturity of the defendant. 12 29 (l) The intellectual and mental capacity of the defendant. 12 30 (m) The nature and extent of any prior juvenile delinquency 12 31 or criminal history of the defendant, including the success or 12 32 failure of previous attempts at rehabilitation. 12 33 (n) The mental health history of the defendant. 12 34 (o) The level of compulsion, duress, or influence exerted 12 35 upon the defendant, but not to such an extent as to constitute 13 1 a defense. 13 2 (p) The likelihood of the commission of further offenses by 13 3 the defendant. 13 4 (q) The chronological age of the defendant and the features 13 5 of youth, including immaturity, impetuosity, and failure to 13 6 appreciate risks and consequences. 13 7 (r) The family and home environment that surrounded the 13 8 defendant. 13 9 (s) The circumstances of the murder including the extent 13 10 of the defendant's participation in the conduct and the way 13 11 familial and peer pressure may have affected the defendant. 13 12 (t) The competencies associated with youth, including but 13 13 not limited to the defendant's inability to deal with peace 13 14 officers or the prosecution or the defendant's incapacity to 13 15 assist the defendant's attorney in the defendant's defense. 13 16 (u) The possibility of rehabilitation. 13 17 (v) Any other information considered relevant by the 13 18 sentencing court. 13 19 2. a. Notwithstanding subsection 1 and section 902.1, a 13 20 defendant convicted of a class "A" felony, other than murder 13 21 in the first degree in violation of section 707.2, and who was 13 22 under the age of eighteen at the time the offense was committed 13 23 shall receive one of the following sentences: 13 24 (1) Commitment to the custody of the director of the 13 25 department of corrections for the rest of the defendant's life 13 26 with the possibility of parole after serving a minimum term of 13 27 confinement as determined by the court. 13 28 (2) Commitment to the custody of the director of the 13 29 department of corrections for the rest of the defendant's life 13 30 with the possibility of parole. 13 31 b. In determining which sentence to impose, the court shall 13 32 consider all circumstances including but not limited to the 13 33 following: 13 34 (1) The impact of the offense on each victim, as defined in 13 35 section 915.10, through the use of a victim impact statement, 14 1 as defined in section 915.10, under any format permitted by 14 2 section 915.13. The victim impact statement may include 14 3 comment on the sentence of the defendant. 14 4 (2) The impact of the offense on the community. 14 5 (3) The threat to the safety of the public or any individual 14 6 posed by the defendant. 14 7 (4) The degree of participation in the offense by the 14 8 defendant. 14 9 (5) The nature of the offense. 14 10 (6) The defendant's remorse. 14 11 (7) The defendant's acceptance of responsibility. 14 12 (8) The severity of the offense, including any of the 14 13 following: 14 14 (a) The commission of the offense while participating in 14 15 another felony. 14 16 (b) The number of victims. 14 17 (c) The heinous, brutal, cruel manner of the offense, 14 18 including whether the offense involved torture. 14 19 (9) The capacity of the defendant to appreciate the 14 20 criminality of the conduct. 14 21 (10) Whether the ability to conform the defendant's conduct 14 22 with the requirements of the law was substantially impaired. 14 23 (11) The level of maturity of the defendant. 14 24 (12) The intellectual and mental capacity of the defendant. 14 25 (13) The nature and extent of any prior juvenile delinquency 14 26 or criminal history of the defendant, including the success or 14 27 failure of previous attempts at rehabilitation. 14 28 (14) The mental health history of the defendant. 14 29 (15) The level of compulsion, duress, or influence exerted 14 30 upon the defendant, but not to such an extent as to constitute 14 31 a defense. 14 32 (16) The likelihood of the commission of further offenses 14 33 by the defendant. 14 34 (17) The chronological age of the defendant and the features 14 35 of youth, including immaturity, impetuosity, and failure to 15 1 appreciate risks and consequences. 15 2 (18) The family and home environment that surrounded the 15 3 defendant. 15 4 (19) The circumstances of the offense including the extent 15 5 of the defendant's participation in the conduct and the way the 15 6 familial and peer pressure may have affected the defendant. 15 7 (20) The competencies associated with youth, including but 15 8 not limited to the defendant's inability to deal with peace 15 9 officers or the prosecution or the defendant's incapacity to 15 10 assist the defendant's attorney in the defendant's defense. 15 11 (21) The possibility of rehabilitation. 15 12 (22) Any other information considered relevant by the 15 13 sentencing court. 15 14 3. If a defendant is paroled pursuant to subsection 1 or 2, 15 15 the defendant shall be subject to the same set of procedures 15 16 set out in chapters 901B, 905, 906, and 908, and rules adopted 15 17 under those chapters for persons on parole. 15 18 Sec. 10. NEW SECTION. 902.1B Class "A" felony ==== death 15 19 penalty. 15 20 Notwithstanding section 902.1, upon return of a plea or 15 21 verdict of guilty to the multiple offense of murder in the 15 22 first degree and sexual abuse under section 902.15, and a 15 23 return of a verdict in favor of a sentence of death in a 15 24 penalty proceeding conducted as provided in section 901D.1, the 15 25 court shall enter a judgment of conviction and shall commit 15 26 the defendant into the custody of the director of the Iowa 15 27 department of corrections. The sentence shall be carried out 15 28 by the administration of a lethal injection pursuant to rules 15 29 adopted by the board of corrections. If a defendant, for whom 15 30 a warrant of execution is issued, is pregnant, the execution 15 31 shall not take place until after the defendant is no longer 15 32 pregnant. If a defendant, for whom a warrant of execution is 15 33 issued, is suffering from such a diseased or deranged condition 15 34 of the mind as to prevent the defendant from knowing the 15 35 nature and quality of the act the defendant has been convicted 16 1 of, or from understanding that trial on the offense has 16 2 taken place and that execution proceedings are about to take 16 3 place, or otherwise causes the defendant to lack the capacity 16 4 to understand the sentence which has been imposed and to 16 5 participate in any legal proceedings relating to the sentence, 16 6 the execution shall not take place until after the defendant's 16 7 capacity is restored. If the director of the department of 16 8 corrections or the defendant's counsel files a request with the 16 9 court which issued the warrant of execution, alleging that the 16 10 defendant suffers from such a diseased or deranged condition, 16 11 a hearing on the matter shall be held in the manner provided 16 12 in section 812A.1. For the purposes of this section, "lethal 16 13 injection" means a continuous intravenous injection of a lethal 16 14 substance sufficient to cause death. 16 15 Sec. 11. NEW SECTION. 902.15 Commission of the multiple 16 16 offense of first degree murder and sexual abuse. 16 17 A person who commits the multiple offense of murder in the 16 18 first degree and sexual abuse with respect to the same victim, 16 19 who is not intellectually disabled or mentally ill, and who is 16 20 age eighteen or older at the time the offense is committed, 16 21 shall be eligible for a sentence of death under section 902.1B. 16 22 For purposes of this section, "intellectually disabled" 16 23 means significant subaverage general intellectual functioning 16 24 accompanied by significant deficits or impairments in adaptive 16 25 functioning manifested in the developmental period, but no 16 26 later than the age of eighteen years, and accompanied by 16 27 deficits in adaptive behavior. 16 28 For purposes of this section, "mentally ill" means the 16 29 condition of a person who is suffering from a chronic and 16 30 persistent serious mental disease or disorder and who, by 16 31 reason of that condition, lacks sufficient judgment to make 16 32 responsible decisions regarding treatment and is reasonably 16 33 likely to injure the person's self or others who may come into 16 34 contact with the person if the person is allowed to remain at 16 35 liberty without treatment. 17 1 Sec. 12. NEW SECTION. 902.16 Data collection for death 17 2 penalty. 17 3 1. The supreme court shall collect data on all multiple 17 4 offenses of murder and sexual abuse charges in which the death 17 5 penalty is or was not waived, which are filed and processed 17 6 in the courts in this state. This data may be used by the 17 7 supreme court to determine whether death sentences imposed 17 8 are excessive or disproportionate, or under the influence of 17 9 prejudice under section 814.28. The court shall make this data 17 10 available to litigants in death penalty cases. 17 11 2. Data collected by public officials concerning factors 17 12 relevant to the imposition of the death sentence shall be made 17 13 publicly available. 17 14 Sec. 13. NEW SECTION. 903C.1 Executions ==== refusal to 17 15 perform. 17 16 An employee of the state who may lawfully perform, assist, or 17 17 participate in the execution of a person pursuant to section 17 18 902.1B, and rules adopted by the department of corrections, 17 19 shall not be required to perform, assist, or participate in 17 20 the execution. State employees who refuse to perform, assist, 17 21 or participate in the execution of a person shall not be 17 22 discriminated against in any way, including but not limited 17 23 to employment, promotion, advancement, transfer, licensing, 17 24 education, training, or the granting of any privileges or 17 25 appointments because of the refusal to perform, assist, or 17 26 participate in the execution. 17 27 Sec. 14. Section 904.105, Code 2017, is amended by adding 17 28 the following new subsection: 17 29 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 17 30 pertaining to executions of persons convicted of the multiple 17 31 offense of murder and sexual abuse under section 902.15. Rules 17 32 adopted shall include but are not limited to rules permitting 17 33 the witnessing of executions by members of the public and the 17 34 victim's family. Invitations to witness an execution shall at 17 35 least be extended to the following representatives of the news 18 1 media: 18 2 a. A representative from a wire service serving Iowa. 18 3 b. A representative from a broadcasting network serving 18 4 Iowa. 18 5 c. A representative from a television station located in 18 6 Iowa. 18 7 d. A representative from a radio station located in Iowa. 18 8 e. A representative from a daily newspaper published in 18 9 Iowa. 18 10 f. A representative from a weekly newspaper published in 18 11 Iowa. 18 12 g. A representative from the news media from the community 18 13 in which the condemned person resided, if that community is 18 14 located in Iowa. 18 15 Sec. 15. IMPLEMENTATION OF ACT. Section 25B.2, subsection 18 16 3, shall not apply to this Act. 18 17 Sec. 16. SEVERABILITY. If any provision of this Act or the 18 18 application thereof to any person is invalid, the invalidity 18 19 shall not affect the provisions or application of this Act 18 20 which can be given effect without the invalid provisions or 18 21 application and to this end, the provisions of this Act are 18 22 severable. 18 23 Sec. 17. EFFECTIVE DATE. This Act takes effect January 1, 18 24 2018. 18 25 Sec. 18. APPLICABILITY. This Act applies to offenses 18 26 committed on or after the effective date of this Act. 18 27 EXPLANATION 18 28 The inclusion of this explanation does not constitute agreement with 18 29 the explanation's substance by the members of the general assembly. 18 30 This bill amends the Iowa criminal code to provide for 18 31 punishment by death for the multiple offense of murder in the 18 32 first degree and sexual abuse committed by a person age 18 or 18 33 older with respect to the same victim if the trial jury, or 18 34 the judge if there is no jury, makes specific findings and 18 35 whether the jury believes the defendant should be put to death 19 1 in a separate penalty proceeding held after the close of the 19 2 initial trial proceeding. Under the bill, a death sentence 19 3 could be imposed if the murder would constitute murder in the 19 4 first degree and the state pleads and proves the defendant also 19 5 committed sexual abuse against the murder victim. 19 6 The bill provides that in order to receive a sentence of 19 7 death, the defendant must be at least 18 years of age at the 19 8 time the offense is committed, must not be mentally ill or 19 9 intellectually disabled, and must have been a major participant 19 10 in the commission of the crime or must have shown a manifest 19 11 indifference to human life. 19 12 If a person is indigent and is charged with capital murder, 19 13 payment of costs for two attorneys is authorized. The supreme 19 14 court is required to establish standards for the competency of 19 15 counsel in death penalty cases. The state public defender is 19 16 charged with establishing teams of qualified lead and cocounsel 19 17 for death penalty cases, as well as conducting or sponsoring 19 18 specialized training programs for attorneys representing 19 19 persons who may be executed. 19 20 If such a case proceeds to trial and a notice of intent 19 21 to seek the death penalty has been filed, in addition to 19 22 any other defenses which may be presented to the charge, the 19 23 defendant may raise the issue of intellectual disability or 19 24 mental illness during the time of filing pretrial motions, 19 25 and the defendant is entitled to a rebuttable presumption of 19 26 intellectual disability if the defendant establishes that the 19 27 defendant has an intelligence quotient of 75 or below. 19 28 Once the evidence is submitted to the jury, the court 19 29 will instruct the jury, at the defendant's request, that in 19 30 considering whether a sentence of death is justified, the 19 31 race, color, religious beliefs, national origin, sex, or other 19 32 protected classes under Code chapter 216 of the defendant or 19 33 of any victim is not to be considered. The supreme court 19 34 shall collect evidence relating to whether the death sentences 19 35 imposed are excessive, disproportionate, or imposed under the 20 1 influence of prejudice at trial which will be available to 20 2 litigants. 20 3 The sentence of death is imposed only when the trier of fact 20 4 (the jury or the court if the defendant has waived the right to 20 5 a jury trial) unanimously answers two questions affirmatively: 20 6 (1) whether aggravating circumstances established beyond a 20 7 reasonable doubt outweigh any mitigating circumstances that 20 8 may exist; and (2) whether the defendant should be sentenced 20 9 to death. Mitigating factors the trier of fact may consider 20 10 include the following: the defendant was under the influence 20 11 of an extreme mental or emotional disturbance; the age of 20 12 the defendant; the defendant's ability to appreciate the 20 13 wrongfulness of the conduct due to mental disease but not 20 14 to a degree to constitute a defense; the defendant has no 20 15 significant prior criminal history; the defendant was under 20 16 extreme duress; the defendant did not directly commit the 20 17 murder and sexual abuse; and the defendant's character or 20 18 record or the circumstances of the offense. The sentencing 20 19 proceeding is conducted separately from the finding of guilt or 20 20 innocence by the same trier of fact. 20 21 For the sentencing proceeding, the trier of fact (the jury 20 22 or the court if the defendant has waived the right to have 20 23 the jury hear the proceedings) is to weigh any aggravating 20 24 circumstances established beyond a reasonable doubt by the 20 25 state against any of the enumerated mitigating circumstances 20 26 which may be presented by the defendant. Evidence of certain 20 27 juvenile delinquency adjudications is not admissible in any 20 28 proceeding to determine the sentence. If the jury fails to 20 29 agree unanimously on the required affirmative findings, the 20 30 penalty imposed would be life imprisonment. 20 31 The death penalty sentence would be reviewed automatically 20 32 by the supreme court. The supreme court shall review the trial 20 33 and judgment separately from the sentencing proceeding. If the 20 34 supreme court finds error in the sentencing proceeding, the 20 35 supreme court may remand the case back to district court for a 21 1 new sentencing hearing. The bill requires the supreme court to 21 2 examine whether the sentence is excessive or disproportionate 21 3 to penalties in similar cases. If affirmed by the supreme 21 4 court, the penalty would be accomplished by lethal injection. 21 5 The bill requires the board of corrections to adopt rules 21 6 pertaining to executions, including rules pertaining to the 21 7 witnessing of executions. 21 8 A person who is sentenced to death, but who is pregnant when 21 9 the warrant of execution is issued, is not to be executed until 21 10 the person is no longer pregnant. A procedure is also provided 21 11 to stay execution of a condemned inmate who becomes insane 21 12 after conviction but before execution. 21 13 An employee of the state shall not be required to perform or 21 14 assist in any execution and shall not be discriminated against 21 15 for refusing to participate. 21 16 The bill strikes provisions in Code section 902.1(2), (3), 21 17 and (4) relating to juvenile class "A" felons and reinserts the 21 18 provisions unchanged in newly created Code section 902.1B in 21 19 the bill. Juvenile felons are not subject to imposition of a 21 20 sentence of death. 21 21 The bill may include a state mandate as defined in Code 21 22 section 25B.3. The bill makes inapplicable Code section 25B.2, 21 23 subsection 3, which would relieve a political subdivision from 21 24 complying with a state mandate if funding for the cost of 21 25 the state mandate is not provided or specified. Therefore, 21 26 political subdivisions are required to comply with any state 21 27 mandate included in the bill. 21 28 The bill contains severability provisions and takes effect 21 29 January 1, 2018, and applies only to applicable offenses 21 30 committed on or after that date. LSB 1944XS (2) 87 jm/rj
