Text: SF2094            Text: SF2096
Complete Bill History


Senate File 2095

SENATE FILE BY BEHN A BILL FOR 1 An Act creating the penalty of death for the commission of 2 murder in the first degree, kidnapping, and sexual abuse 3 against the same minor, providing a penalty, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5867XS (3) 84 jm/rj PAG LIN 1 1 Section 1. Section 13B.4, Code 2011, 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 murder in the first degree, 1 10 kidnapping, and sexual abuse under section 902.15, and the 1 11 state has given notice of intent to seek the death penalty or 1 12 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 24 902.1, 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 district 2 2 court 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 25 901.11 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 court shall set aside the 3 31 sentence and shall remand the case to the trial court for a 3 32 second sentencing proceeding to determine if the imposition of 3 33 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 court to 4 2 the clerk of the trial court. 4 3 Sec. 5. Section 815.10, Code 2011, 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 murder, kidnapping, and sexual abuse under section 902.15, and 4 9 in which a notice of intent to seek the death penalty has been 4 10 filed, two attorneys who are qualified under section 602.10112 4 11 to represent the person in the proceedings and in all state 4 12 legal proceedings which take place from the time the person 4 13 is indicted or arraigned until the person is sentenced on the 4 14 charge. In addition, if at any point in federal postconviction 4 15 proceedings an indigent person is not afforded court=appointed 4 16 counsel, the state shall provide counsel to the person to 4 17 present any claims determined meritorious by the federal court 4 18 if the person is not otherwise represented by legal counsel. 4 19 Only private attorneys and public defenders who are qualified 4 20 to provide representation in cases in which the death penalty 4 21 may be imposed are eligible for appointment or assignment to a 4 22 case in which the death penalty may be imposed. 4 23 Sec. 6. NEW SECTION. 901.11 Murder proceedings ==== request 4 24 for death penalty ==== penalty proceedings. 4 25 1. If a notice of intent to seek the death penalty has been 4 26 filed, objections to the imposition of the death penalty based 4 27 upon allegations that a defendant was mentally retarded or 4 28 mentally ill at the time of the commission of the offense shall 4 29 be raised within the time provided for the filing of pretrial 4 30 motions under rule of criminal procedure 2.11, Iowa court 4 31 rules. The court may, for good cause shown, allow late filing 4 32 of the motion. Hearing on the motion shall be held prior to 4 33 trial and the burden of proof shall be on the defendant to 4 34 prove mental retardation or mental illness by a preponderance 4 35 of the evidence. However, a rebuttable presumption of mental 5 1 retardation arises if a defendant has an intelligence quotient 5 2 of seventy or below. If the court finds that the defendant 5 3 is mentally retarded, the defendant, if convicted of murder, 5 4 kidnapping, and sexual abuse under section 902.15, shall not be 5 5 sentenced to death but shall be sentenced to life imprisonment 5 6 in the manner provided in section 902.1, subsection 1. A 5 7 finding by the court that the evidence presented by the 5 8 defendant at the hearing does not preclude the imposition of 5 9 the death penalty under this section and section 902.15 shall 5 10 not preclude the introduction of evidence of mental retardation 5 11 or mental illness during the penalty proceeding. If the court 5 12 finds that evidence of mental retardation or mental illness 5 13 does not preclude imposition of the death penalty, evidence 5 14 of mental retardation or mental illness may be reviewed by 5 15 the jury in the penalty proceeding and the jury shall not be 5 16 informed of the finding in the initial proceeding at any time 5 17 during the penalty proceeding. 5 18 2. If at the trial on a charge of murder, kidnapping, 5 19 and sexual abuse under section 902.15, the state intends to 5 20 request that the death penalty be imposed under section 902.1, 5 21 subsection 3, the prosecutor shall file a notice of intent 5 22 to seek the death penalty, at the time of and as part of the 5 23 information or indictment filed in the case. 5 24 3. If a notice of intent to seek the death penalty has been 5 25 filed, the trial shall be conducted in bifurcated proceedings 5 26 before the same trier of fact. During the initial proceeding, 5 27 the jury, or the court, if the defendant waives the right to a 5 28 jury trial, shall decide only whether the defendant is guilty 5 29 or not guilty of murder, kidnapping, and sexual abuse under 5 30 section 902.15. 5 31 a. If, in the initial proceeding, the court or jury finds 5 32 the defendant guilty of, or the defendant pleads guilty to, 5 33 an offense other than murder, kidnapping, and sexual abuse 5 34 under section 902.15, the court shall sentence the defendant 5 35 in accordance with the sentencing procedures set forth in rule 6 1 of criminal procedure 2.23, Iowa court rules, and chapters 901 6 2 through 909, which are applicable to the offense. 6 3 b. If the court or jury finds the defendant guilty of, or 6 4 the defendant pleads guilty to, murder, kidnapping, and sexual 6 5 abuse under section 902.15, but the prosecuting attorney waives 6 6 the death penalty, the court shall sentence the defendant to 6 7 life imprisonment in accordance with the sentencing procedures 6 8 set forth in rule of criminal procedure 2.23, Iowa court rules, 6 9 and chapters 901 through 909, which are otherwise applicable 6 10 to convictions of murder in the first degree, kidnapping, and 6 11 sexual abuse. 6 12 c. If the court or jury finds the defendant guilty of 6 13 murder, kidnapping, and sexual abuse under section 902.15, or a 6 14 defendant enters a plea of guilty in the initial proceeding, 6 15 and the prosecuting attorney does not waive imposition of the 6 16 death penalty, a penalty proceeding shall be held in the manner 6 17 provided in subsections 4 through 12. 6 18 4. No sooner than twenty=four hours after a verdict of 6 19 guilty or a plea of guilty to the charge of murder, kidnapping, 6 20 and sexual abuse under section 902.15 is returned in the 6 21 initial proceeding, a penalty proceeding shall be held to 6 22 determine whether the defendant shall be sentenced to death 6 23 or to life imprisonment. The proceeding shall be conducted 6 24 in the trial court before the trial jury, or the court if 6 25 the defendant has waived the right to a jury trial or has 6 26 waived the right for the proceeding to be before the trial 6 27 jury. Both the state and the defendant shall have the right to 6 28 present opening statements at the commencement of the penalty 6 29 proceedings. In the proceeding, evidence relevant to the 6 30 existence of any aggravating or mitigating circumstances may 6 31 be presented as follows: 6 32 a. The state or the defendant may present evidence relevant 6 33 to the conviction of the criminal offenses enumerated in 6 34 section 902.15 and any aggravating circumstances other than 6 35 juvenile delinquency adjudications for offenses which carry 7 1 penalties equivalent to the penalties imposed for simple or 7 2 serious misdemeanors. The state may introduce evidence of the 7 3 actual harm caused by the commission of the murder, kidnapping, 7 4 and sexual abuse under section 902.15, including but not 7 5 limited to evidence relating to the life of the victim and the 7 6 impact of the loss of the victim to the victim's family and 7 7 society. 7 8 b. The defendant may present evidence that the defendant was 7 9 mentally retarded at the time of the commission of the offense. 7 10 The burden of proof shall be on the defendant to prove mental 7 11 retardation by a preponderance of the evidence. However, 7 12 a rebuttable presumption of mental retardation arises if a 7 13 defendant has an intelligence quotient of seventy or below. 7 14 c. The state or the defendant may present evidence relevant 7 15 to any mitigating circumstances which may exist. Mitigating 7 16 circumstances may include the following circumstances: 7 17 (1) The defendant was under the influence of an extreme 7 18 mental or emotional disturbance insufficient to constitute a 7 19 defense. 7 20 (2) The age of the defendant at the time of the murder. 7 21 (3) The defendant's capacity to appreciate the wrongfulness 7 22 of the defendant's conduct and to conform that conduct to the 7 23 requirements of law was significantly impaired as a result of a 7 24 mental disease or defect or mental retardation, but not to a 7 25 degree sufficient to constitute a defense. 7 26 (4) The defendant has no significant history of prior adult 7 27 criminal activity. 7 28 (5) The defendant acted under extreme duress or under the 7 29 substantial domination of another person. 7 30 (6) The defendant did not directly commit the murder, 7 31 kidnapping, and sexual abuse and the defendant did not intend 7 32 to kill or anticipate that lethal force would be used. 7 33 (7) Any other factor which is relevant to the defendant's 7 34 character or record or to the circumstances of the offense. 7 35 d. The state and the defendant or the defendant's counsel 8 1 shall be permitted to present and cross=examine witnesses and 8 2 present arguments for or against a sentence of death. Evidence 8 3 regarding aggravating and mitigating circumstances shall not 8 4 be governed by the rules governing admissibility of evidence, 8 5 except that introduction of evidence secured in violation of 8 6 the Constitution of the United States or of the Constitution of 8 7 the State of Iowa shall not be permitted. 8 8 5. At the conclusion of presentation of evidence in 8 9 the penalty proceeding, the state and the defendant or the 8 10 defendant's counsel shall be permitted to make closing 8 11 arguments, including any rebuttal arguments, in the same manner 8 12 as in the initial proceeding and the following issues shall be 8 13 determined by the jury or the court, if there is no jury: 8 14 a. Whether the aggravating circumstance or circumstances 8 15 have been established beyond a reasonable doubt and outweigh 8 16 any one or more mitigating circumstances. 8 17 b. Whether the defendant shall be sentenced to death. 8 18 6. A recommendation for a sentence of death shall not be 8 19 permitted if the recommendation is based on the race, color, 8 20 religious beliefs, national origin, or sex of the defendant 8 21 or of any victim. After submission of the issues, but prior 8 22 to the return of a finding in the penalty proceeding, if 8 23 the matter is tried before a jury, the court shall instruct 8 24 the jury that in considering whether a sentence of death 8 25 is justified, it shall not consider race, color, religious 8 26 beliefs, national origin, or sex of the defendant or of any 8 27 victim. The court shall further instruct the jury that it 8 28 shall not return a sentence of death unless it concludes 8 29 that such a sentence would be recommended no matter what the 8 30 race, color, religious beliefs, national origin, or sex of the 8 31 defendant or of any victim may be. 8 32 7. After submission of the issues, but prior to the 8 33 commencement of the jury deliberations in the penalty 8 34 proceeding, the court shall instruct the jury that if the 8 35 defendant is not sentenced to death, the court is required by 9 1 law to impose a sentence of imprisonment until death without 9 2 parole. The court shall further instruct the jury that 9 3 the sentence of imprisonment until death without parole is 9 4 required by law if the jury fails to reach a unanimous verdict 9 5 recommending a sentence of death. 9 6 8. Concurrently with the return of the findings on the 9 7 issues submitted under subsection 5, the jury, or the court if 9 8 there is no jury, shall return special verdicts as follows: 9 9 a. Which aggravating circumstances were established beyond a 9 10 reasonable doubt and were considered in reaching the verdict. 9 11 b. Which mitigating circumstances were established and 9 12 were considered in reaching the verdict returned on the issue 9 13 specified in subsection 5, paragraph "a". 9 14 9. If the jury, or the court if there is no jury, returns a 9 15 unanimous affirmative finding on each of the issues submitted 9 16 under subsection 5, paragraphs "a" and "b", the court shall 9 17 enter a judgment of conviction and shall sentence the defendant 9 18 to death as provided in section 902.1, subsection 3. 9 19 10. However, if evidence that the defendant was not a major 9 20 participant in the commission of the murder, kidnapping, and 9 21 sexual abuse under section 902.15, and that the defendant's 9 22 conduct did not manifest a reckless indifference to human life 9 23 is presented to the jury, or the court if there is no jury, the 9 24 jury or the court shall also return a special verdict on the 9 25 issue. If the jury unanimously determines, or the court, if 9 26 there is no jury, finds that a preponderance of evidence exists 9 27 that shows that the defendant was not a major participant in 9 28 the commission of the murder, kidnapping, and sexual abuse 9 29 under section 902.15, and that the defendant's conduct did not 9 30 manifest a reckless indifference to human life, the court shall 9 31 enter a judgment of conviction and shall sentence the defendant 9 32 to life imprisonment as provided in section 902.1, subsection 9 33 1, even if the jury or the court returns unanimous affirmative 9 34 findings on each of the issues submitted under subsection 5. 9 35 11. If the jury, or the court if there is no jury, returns 10 1 a negative finding on any of the issues submitted under 10 2 subsection 5, paragraphs "a" or "b", the court shall enter a 10 3 judgment of conviction and shall sentence the defendant to life 10 4 imprisonment as provided in section 902.1, subsection 1. 10 5 12. After a verdict has been rendered it shall be recorded 10 6 on the jury verdict form and shall be read and recorded in open 10 7 court. The jurors shall be collectively asked by the court 10 8 whether the verdict returned is their true and correct verdict. 10 9 Even though no juror makes any declaration to the contrary, the 10 10 jury shall, if either party so requests, be polled and each 10 11 juror shall be separately asked whether the verdict rendered by 10 12 the jury foreperson is the juror's true and correct verdict. 10 13 If, upon either the collective or the separate inquiry, any 10 14 juror denies that the verdict is the juror's verdict, the court 10 15 shall refuse to accept the verdict. The court may direct 10 16 inquiry or permit inquiry by counsel to ascertain whether any 10 17 juror has been subjected to coercion or has become confused 10 18 during the jury deliberation process. The court may, as 10 19 appropriate, direct the jury to resume deliberation in the 10 20 case. If no disagreement on the verdict is expressed by any of 10 21 the jurors, the court shall discharge the jury. 10 22 13. This section shall not apply to a defendant who 10 23 was under the age of eighteen at the time the offense was 10 24 committed. 10 25 Sec. 7. Section 902.1, subsection 1, Code Supplement 2011, 10 26 is amended to read as follows: 10 27 1. Upon Except as otherwise provided in subsection 2 or 10 28 3, upon a plea of guilty, a verdict of guilty, or a special 10 29 verdict upon which a judgment of conviction of a class "A" 10 30 felony may be rendered, the court shall enter a judgment of 10 31 conviction and shall commit the defendant into the custody of 10 32 the director of the Iowa department of corrections for the 10 33 rest of the defendant's life. Nothing in the Iowa corrections 10 34 code pertaining to deferred judgment, deferred sentence, 10 35 suspended sentence, or reconsideration of sentence applies 11 1 to a sentence of life imprisonment for a class "A" felony, 11 2 and a person convicted of a class "A" felony and sentenced to 11 3 life imprisonment shall not be released on parole unless the 11 4 governor commutes the sentence to a term of years. 11 5 Sec. 8. Section 902.1, Code Supplement 2011, is amended by 11 6 adding the following new subsection: 11 7 NEW SUBSECTION. 3. Notwithstanding subsection 1, upon 11 8 return of a plea or verdict of guilty to the offense of murder 11 9 in the first degree, kidnapping, and sexual abuse under section 11 10 902.15, and a return of a verdict in favor of a sentence of 11 11 death in a penalty proceeding conducted as provided in section 11 12 901.11, the court shall enter a judgment of conviction and 11 13 shall commit the defendant into the custody of the director 11 14 of the Iowa department of corrections. The sentence shall 11 15 be carried out by the administration of a lethal injection 11 16 pursuant to rules adopted by the board of corrections. If 11 17 a defendant, for whom a warrant of execution is issued, is 11 18 pregnant, the execution shall not take place until after the 11 19 defendant is no longer pregnant. If a defendant, for whom 11 20 a warrant of execution is issued, is suffering from such a 11 21 diseased or deranged condition of the mind as to prevent the 11 22 defendant from knowing the nature and quality of the act 11 23 the defendant has been convicted of, or from understanding 11 24 that trial on the offense has taken place and that execution 11 25 proceedings are about to take place, or otherwise causes the 11 26 defendant to lack the capacity to understand the sentence which 11 27 has been imposed and to participate in any legal proceedings 11 28 relating to the sentence, the execution shall not take place 11 29 until after the defendant's capacity is restored. If the 11 30 director of the department of corrections or the defendant's 11 31 counsel files a request with the court which issued the warrant 11 32 of execution, alleging that the defendant suffers from such 11 33 a diseased or deranged condition, a hearing on the matter 11 34 shall be held in the manner provided in section 812A.1. If a 11 35 defendant was under the age of eighteen at the time the offense 12 1 was committed, the defendant shall be sentenced as provided 12 2 in subsection 1. For the purposes of this section, "lethal 12 3 injection" means a continuous intravenous injection of a lethal 12 4 substance sufficient to cause death. 12 5 Sec. 9. NEW SECTION. 902.15 First degree murder, 12 6 kidnapping, and sexual abuse. 12 7 A person who commits murder in the first degree, kidnapping, 12 8 and sexual abuse with respect to the same victim, who is not 12 9 mentally retarded or mentally ill, and who is age eighteen or 12 10 older at the time the offense is committed, shall be eligible 12 11 for a sentence of death under section 902.1, subsection 3, if 12 12 the victim was a minor. 12 13 For purposes of this section, "mentally retarded" means 12 14 significant subaverage general intellectual functioning 12 15 accompanied by significant deficits or impairments in adaptive 12 16 functioning manifested in the developmental period, but no 12 17 later than the age of eighteen years, and accompanied by 12 18 deficits in adaptive behavior. 12 19 For purposes of this section, "mentally ill" means the 12 20 condition of a person who is suffering from a chronic and 12 21 persistent serious mental disease or disorder and who, by 12 22 reason of that condition, lacks sufficient judgment to make 12 23 responsible decisions regarding treatment and is reasonably 12 24 likely to injure the person's self or others who may come into 12 25 contact with the person if the person is allowed to remain at 12 26 liberty without treatment. 12 27 Sec. 10. NEW SECTION. 902.16 Data collection for death 12 28 penalty. 12 29 1. The supreme court shall collect data on all murder, 12 30 kidnapping, and sexual abuse charges in which the death 12 31 penalty is or was not waived, which are filed and processed 12 32 in the courts in this state. This data may be used by the 12 33 supreme court to determine whether death sentences imposed 12 34 are excessive or disproportionate, or under the influence of 12 35 prejudice as a result of racial discrimination under section 13 1 814.28. The court shall make this data available to litigants 13 2 in death penalty cases. 13 3 2. Data collected by public officials concerning factors 13 4 relevant to the imposition of the death sentence shall be made 13 5 publicly available. 13 6 Sec. 11. NEW SECTION. 903C.1 Executions ==== refusal to 13 7 perform. 13 8 An employee of the state who may lawfully perform, assist, or 13 9 participate in the execution of a person pursuant to section 13 10 902.1, and rules adopted by the department of corrections, 13 11 shall not be required to perform, assist, or participate in 13 12 the execution. State employees who refuse to perform, assist, 13 13 or participate in the execution of a person shall not be 13 14 discriminated against in any way, including but not limited 13 15 to employment, promotion, advancement, transfer, licensing, 13 16 education, training, or the granting of any privileges or 13 17 appointments because of the refusal to perform, assist, or 13 18 participate in the execution. 13 19 Sec. 12. Section 904.105, Code 2009, is amended by adding 13 20 the following new subsection: 13 21 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 13 22 pertaining to executions of persons convicted of murder, 13 23 kidnapping, and sexual abuse under section 902.15. Rules 13 24 adopted shall include, but are not limited to, rules permitting 13 25 the witnessing of executions by members of the public and the 13 26 victim's family. Invitations to witness an execution shall at 13 27 least be extended to the following representatives of the news 13 28 media: 13 29 a. A representative from a wire service serving Iowa. 13 30 b. A representative from a broadcasting network serving 13 31 Iowa. 13 32 c. A representative from a television station located in 13 33 Iowa. 13 34 d. A representative from a radio station located in Iowa. 13 35 e. A representative from a daily newspaper published in 14 1 Iowa. 14 2 f. A representative from a weekly newspaper published in 14 3 Iowa. 14 4 g. A representative from the news media from the community 14 5 in which the condemned person resided, if that community is 14 6 located in Iowa. 14 7 Sec. 13. 14 8 Rules of criminal procedure, Iowa court rules, are amended 14 9 by adding the following four sections of this Act. 14 10 Sec. 14. 14 11 2.___ DEATH PENALTY == PROCEDURE. 14 12 2.___(1) If a notice of intent to seek the death penalty 14 13 has been filed, objections to the imposition of the death 14 14 penalty based upon allegations that a defendant was mentally 14 15 retarded at the time of the commission of the offense shall 14 16 be raised within the time provided for the filing of pretrial 14 17 motions under R.Cr.P. 2.11, Iowa court rules. The court may, 14 18 for good cause shown, allow late filing of the motion. Hearing 14 19 on the motion shall be held prior to trial and the burden of 14 20 proof shall be on the defendant to prove mental retardation 14 21 by a preponderance of the evidence. However, a rebuttable 14 22 presumption of mental retardation arises if a defendant has 14 23 an intelligence quotient of seventy or below. A finding of 14 24 the court that the evidence presented by the defendant at the 14 25 hearing does not preclude the imposition of the death penalty 14 26 under this rule and Iowa Code section 902.15 shall not preclude 14 27 the introduction of evidence of mental retardation during the 14 28 penalty proceeding. If the court finds that the evidence 14 29 presented by the defendant does not preclude the imposition 14 30 of the death penalty, evidence of mental retardation may be 14 31 reviewed by the jury during the penalty proceeding and the jury 14 32 shall not be informed of the finding in the initial proceeding 14 33 at any time during the penalty proceeding. 14 34 2.___(2) Upon a finding or plea that a defendant is guilty of 14 35 murder, kidnapping, and sexual abuse under Iowa Code section 15 1 902.15, in an initial proceeding, if a notice of intent to seek 15 2 the death penalty has been filed and has not been waived, the 15 3 court shall conduct a separate penalty proceeding to determine 15 4 whether the defendant shall be sentenced to death or to life 15 5 imprisonment. The penalty proceeding shall be conducted in 15 6 the trial court before the trial jury, or the court, if there 15 7 is no jury, no sooner than twenty=four hours after the return 15 8 of the verdict or plea in the initial proceeding. In the 15 9 penalty proceeding, additional evidence may be presented as to 15 10 the conviction for murder, kidnapping, and sexual abuse under 15 11 section 902.15, or any aggravating or mitigating circumstance 15 12 which may exist. Presentation of evidence which is relevant 15 13 to the existence of an aggravating or mitigating circumstance 15 14 shall not be bound by the rules of evidence. This subsection 15 15 does not authorize the introduction of any evidence secured in 15 16 violation of the Constitution of the United States or of the 15 17 Constitution of the State of Iowa. The state and the defendant 15 18 or the defendant's counsel shall be permitted to cross=examine 15 19 witnesses and to present arguments for or against a sentence of 15 20 death. 15 21 2.___(3) On conclusion of the presentation of the evidence 15 22 in the penalty proceeding, the state and the defendant or 15 23 the defendant's counsel shall be permitted to make closing 15 24 arguments, including any rebuttal arguments, in the same manner 15 25 as in the initial proceeding and the court shall submit each of 15 26 the following issues to the jury: 15 27 a. Whether one or more aggravating circumstances outweigh 15 28 any one or more mitigating circumstances. 15 29 b. Whether the defendant shall be sentenced to death. 15 30 If the case is not tried to a jury, the court shall determine 15 31 the issues. 15 32 2.___(4) The state must prove the issue in rule 2.___(3)(a) 15 33 beyond a reasonable doubt, and the jury, or the court if there 15 34 is no jury, shall return a special verdict of "yes" or "no" on 15 35 each issue. 16 1 2.___(5) If the case is tried to a jury, the court shall 16 2 charge the jury that: 16 3 a. It shall answer any issue "yes" if it agrees unanimously. 16 4 b. It shall answer any issue "no" if the jurors unanimously 16 5 agree that the answer is "no" or if the jurors do not 16 6 unanimously agree that the answer is "yes". 16 7 2.___(6) Concurrently with the return of the special 16 8 verdicts under rule 2.___(3), the jury, or the court if there 16 9 is no jury, shall also return special verdicts as follows: 16 10 a. Which aggravating circumstances were established beyond 16 11 a reasonable doubt and were considered in reaching the verdict 16 12 returned on the issue specified in rule 2.___(3)(a). 16 13 b. Which mitigating circumstances were established and 16 14 were considered in reaching the verdict returned on the issue 16 15 specified in rule 2.___(3)(a). 16 16 2.___(7) If the jury, or the court if there is no jury, 16 17 returns an affirmative finding on all applicable issues, the 16 18 court shall sentence the defendant to death. If the jury or 16 19 the court returns a negative finding on any applicable issue, 16 20 the court shall sentence the defendant to the custody of the 16 21 director of the department of corrections for confinement for 16 22 the rest of the defendant's life. 16 23 2.___(8) After a verdict has been rendered it shall be 16 24 recorded on the jury verdict form and shall be read and 16 25 recorded in open court. The jurors shall be collectively asked 16 26 by the court whether the verdict returned is their true and 16 27 correct verdict. Even though no juror makes any declaration 16 28 to the contrary, the jury shall, if either party so requests, 16 29 be polled and each juror shall be separately asked whether the 16 30 verdict rendered by the jury foreperson is the juror's true 16 31 and correct verdict. If, upon either the collective or the 16 32 separate inquiry, any juror denies that the verdict is the 16 33 juror's verdict, the court shall refuse to accept the verdict. 16 34 The court may direct inquiry or permit inquiry by counsel to 16 35 ascertain whether any juror has been subjected to coercion 17 1 or has become confused during the jury deliberation process. 17 2 The court may, as appropriate, direct the jury to resume 17 3 deliberation in the case. If no disagreement on the verdict 17 4 is expressed by any of the jurors, the court shall discharge 17 5 the jury. 17 6 2.___(9) Provisions relating to deferred judgment, deferred 17 7 sentence, suspended sentence, reconsideration of sentence, 17 8 probation, parole, or work release contained in Iowa Code 17 9 chapters 901 through 909 do not apply to a conviction of 17 10 murder, kidnapping, and sexual abuse under Iowa Code section 17 11 902.15 if the defendant is sentenced to death. 17 12 Sec. 15. 17 13 2.___ AUTOMATIC REVIEW == STAY OF EXECUTION OF JUDGMENT. 17 14 2.___(1) A judgment of conviction and sentence of death 17 15 shall be reviewed automatically in the manner provided in Iowa 17 16 Code section 814.28, and the Iowa supreme court has exclusive 17 17 jurisdiction of the review. 17 18 2.___(2) Upon entry of judgment and sentence of death, the 17 19 trial court shall prepare a complete record and transcript of 17 20 the action in the manner provided in the rules of criminal 17 21 procedure and shall docket the record and transcript with the 17 22 clerk of the supreme court. 17 23 2.___(3) The execution of judgment of the trial court is 17 24 stayed as a matter of law from the time of its entry until 17 25 the judgment of the supreme court is certified to and entered 17 26 by the trial court. Upon entry of a judgment of the supreme 17 27 court which affirms the conviction and sentence, the stay of 17 28 execution of judgment terminates as a matter of law. 17 29 2.___(4) All court costs required due to the automatic 17 30 preparation of the record and transcript, docketing with the 17 31 supreme court, and stay of execution of judgment shall be 17 32 assessed to the state. 17 33 Sec. 16. 17 34 2.___ ISSUANCE OF WARRANT. 17 35 2.___(1) Upon entry by the trial court of the judgment of 18 1 the supreme court affirming a judgment and sentence of death, 18 2 a district judge shall within five days of the entry issue 18 3 a warrant under the seal of the court for the execution of 18 4 the sentence of death. The warrant shall specifically set 18 5 forth the offense and the fact of conviction, shall state 18 6 the judgment and sentence of the court, shall state that the 18 7 judgment and sentence were affirmed by the supreme court and 18 8 the date of entry of judgment of the supreme court in the 18 9 trial court, and shall, subject to the requirements of Iowa 18 10 Code section 902.1, subsection 3, specify a range of five days 18 11 for execution of the defendant which shall be not less than 18 12 fifty nor more than sixty days after the date of entry in the 18 13 trial court of the judgment of the supreme court affirming the 18 14 judgment and sentence of death. The warrant shall be directed 18 15 to the director of the department of corrections commanding 18 16 the director to cause the warrant to be executed within the 18 17 dates specified. The trial court shall deliver the warrant 18 18 to the sheriff of the county in which judgment of conviction 18 19 was entered and the sheriff shall deliver the warrant to the 18 20 director of the department of corrections. The director of 18 21 the department of corrections shall acknowledge receipt of the 18 22 warrant and the defendant, and the sheriff shall return the 18 23 acknowledgment to the office of the clerk of the trial court 18 24 from which the warrant was issued. 18 25 2.___(2) Immediately after issuance of a warrant ordering 18 26 a sentence of death, the clerk of the trial court issuing the 18 27 warrant shall transmit by certified mail to the governor a copy 18 28 of the indictment, the plea, the verdict and special findings, 18 29 the affirmation of judgment and sentence by the supreme court, 18 30 and the complete transcript of the trial court. 18 31 2.___(3) Notwithstanding rule 2.___(1), if a defendant, 18 32 for whom a warrant of execution is issued, is pregnant, the 18 33 execution shall not take place until after the defendant 18 34 is no longer pregnant. Notwithstanding rule 2.___(1), if 18 35 a defendant, for whom a warrant of execution is issued, is 19 1 suffering from such a diseased or deranged condition of the 19 2 mind as to prevent the defendant from knowing the nature 19 3 and quality of the act the defendant has been convicted of, 19 4 or from understanding that trial on the offense has taken 19 5 place and that execution proceedings are about to take place, 19 6 or to otherwise cause the defendant to lack the capacity 19 7 to understand the sentence which has been imposed and to 19 8 participate in any legal proceedings relating to the sentence, 19 9 the execution shall not take place until after the defendant is 19 10 no longer suffering from the condition. 19 11 Sec. 17. 19 12 2.___ EVIDENCE AT PENALTY PROCEEDING WHERE DEATH SENTENCE 19 13 REQUESTED. 19 14 2.___(1) At a reasonable time before the commencement of 19 15 initial proceedings in a murder, kidnapping, and sexual abuse 19 16 trial in which a sentence of death has been requested, each 19 17 party shall file and serve upon the other party the following: 19 18 a. A list of all aggravating or mitigating circumstances 19 19 which the party intends to prove during the sentencing 19 20 proceedings. 19 21 b. The names of all persons whom the party intends to call 19 22 as witnesses during the sentencing proceedings. 19 23 c. Notwithstanding rule 2.14, copies, or for inspection 19 24 purposes, the location, of all documents, including books, 19 25 papers, writings, drawings, graphs, charts, photographs, 19 26 telephone records, and other data compilations from which 19 27 information can be obtained, or other objects which the 19 28 party intends to offer into evidence during the sentencing 19 29 proceedings. If copies are not supplied to opposing counsel, 19 30 the party shall make the items available for inspection and 19 31 copying without order of the court. 19 32 2.___(2) In proceedings to determine whether the sentence 19 33 shall be death or life imprisonment, evidence may be presented 19 34 as to any matter which the trial court deems relevant to 19 35 the sentence, including but not limited to the nature, 20 1 circumstances, and manner of completion of the murder, 20 2 kidnapping, and sexual abuse, and the defendant's character, 20 3 background, history, and mental and physical condition. The 20 4 trial court shall admit any relevant admissible evidence 20 5 respecting any aggravating or mitigating circumstances, if the 20 6 party has included the circumstance on a list provided pursuant 20 7 to this rule, or good cause is shown for the failure to do so. 20 8 Sec. 18. IMPLEMENTATION OF ACT. Section 25B.2, subsection 20 9 3, shall not apply to this Act. 20 10 Sec. 19. EFFECTIVE DATE == SEVERABILITY. 20 11 1. This Act takes effect January 1, 2013, and applies to 20 12 offenses committed on or after that date. 20 13 2. If any provision of this Act or the application thereof 20 14 to any person is invalid, the invalidity shall not affect the 20 15 provisions or application of this Act which can be given effect 20 16 without the invalid provisions or application and to this end, 20 17 the provisions of this Act are severable. 20 18 EXPLANATION 20 19 This bill amends the Iowa criminal code to provide for 20 20 punishment by death for murder in the first degree, kidnapping, 20 21 and sexual abuse committed with respect to the same victim 20 22 who is a minor if the trial jury, or the judge if there 20 23 is no jury, makes specific findings and whether the jury 20 24 believes the defendant should be put to death in a separate 20 25 penalty proceeding held after the close of the initial trial 20 26 proceeding. Under the bill, a death sentence could be imposed 20 27 if the murder would constitute murder in the first degree and 20 28 the state pleads and proves the defendant also kidnapped and 20 29 committed sexual abuse against the murder victim who was a 20 30 minor. 20 31 If a person is indigent and is charged with capital murder, 20 32 payment of costs for two attorneys is authorized. The supreme 20 33 court is required to establish standards for the competency of 20 34 counsel in death penalty cases. The state public defender is 20 35 charged with establishing teams of qualified lead and cocounsel 21 1 for death penalty cases, as well as conducting or sponsoring 21 2 specialized training programs for attorneys representing 21 3 persons who may be executed. 21 4 If such a case proceeds to trial and a notice of intent to 21 5 seek the death penalty has been filed, in addition to any other 21 6 defenses which may be presented to the charge, the defendant 21 7 may raise the issue of mental retardation during the time of 21 8 filing pretrial motions, and the defendant is entitled to a 21 9 rebuttable presumption of mental retardation if the defendant 21 10 establishes that the defendant has an intelligence quotient of 21 11 70 or below. 21 12 Once the evidence is submitted to the jury, the court 21 13 will instruct the jury, at the defendant's request, that in 21 14 considering whether a sentence of death is justified, the 21 15 race, color, religious beliefs, national origin, or sex of 21 16 the defendant or of any victim is not to be considered. The 21 17 supreme court shall collect evidence relating to whether the 21 18 death sentences imposed are excessive, disproportionate, or 21 19 imposed under the influence of prejudice at trial which will be 21 20 available to litigants. 21 21 The sentence of death is imposed only when the trier of fact 21 22 (the jury or the court if the defendant has waived the right to 21 23 a jury trial) unanimously answers two questions affirmatively: 21 24 (1) whether aggravating circumstances established beyond a 21 25 reasonable doubt outweigh any mitigating circumstances that 21 26 may exist; and (2) whether the defendant should be sentenced 21 27 to death. Mitigating factors the trier of fact may consider 21 28 include the following: the defendant was under the influence 21 29 of an extreme mental or emotional disturbance; the age of 21 30 the defendant; the defendant's ability to appreciate the 21 31 wrongfulness of the conduct due to mental disease but not 21 32 to a degree to constitute a defense; the defendant has no 21 33 significant prior criminal history; the defendant was under 21 34 extreme duress; the defendant did not directly commit the 21 35 murder, kidnapping, and sexual abuse; and the defendant's 22 1 character or record or the circumstances of the offense. The 22 2 sentencing proceeding is conducted separately from the finding 22 3 of guilt or innocence by the same trier of fact. 22 4 For the sentencing proceeding, the trier of fact (the jury 22 5 or the court if the defendant has waived the right to have 22 6 the jury hear the proceedings) is to weigh any aggravating 22 7 circumstances established beyond a reasonable doubt by the 22 8 state against any of the enumerated mitigating circumstances 22 9 which may be presented by the defendant. Evidence of certain 22 10 juvenile delinquency adjudications is not admissible in any 22 11 proceeding to determine the sentence. If the jury fails to 22 12 agree unanimously on the required affirmative findings, the 22 13 penalty would be life imprisonment. 22 14 The death penalty sentence would be reviewed automatically 22 15 by the supreme court. The supreme court shall review the trial 22 16 and judgment separately from the sentencing proceeding. If the 22 17 supreme court finds error in the sentencing proceeding, the 22 18 supreme court may remand the case back to district court for a 22 19 new sentencing hearing. The bill requires the supreme court to 22 20 examine whether the sentence is excessive or disproportionate 22 21 to penalties in similar cases. If affirmed by the supreme 22 22 court, the penalty would be accomplished by lethal injection. 22 23 The bill requires the board of corrections to adopt rules 22 24 pertaining to executions, including rules pertaining to the 22 25 witnessing of executions. 22 26 The bill further provides that in order to receive a sentence 22 27 of death, the defendant must be at least 18 years of age at 22 28 the time the offense is committed, must not be mentally ill 22 29 or mentally retarded, and must have been a major participant 22 30 in the commission of the crime or must have shown a manifest 22 31 indifference to human life. 22 32 A person who is sentenced to death, but who is pregnant when 22 33 the warrant of execution is issued, is not to be executed until 22 34 the person is no longer pregnant. A procedure is also provided 22 35 to stay execution of a condemned inmate who becomes insane 23 1 after conviction but before execution. 23 2 An employee of the state shall not be required to perform or 23 3 assist in any execution and shall not be discriminated against 23 4 for refusing to participate. 23 5 The bill may include a state mandate as defined in Code 23 6 section 25B.3. The bill makes inapplicable Code section 25B.2, 23 7 subsection 3, which would relieve a political subdivision from 23 8 complying with a state mandate if funding for the cost of 23 9 the state mandate is not provided or specified. Therefore, 23 10 political subdivisions are required to comply with any state 23 11 mandate included in the bill. 23 12 The bill contains severability provisions and takes effect 23 13 January 1, 2013, and applies only to offenses committed on or 23 14 after that date. LSB 5867XS (3) 84 jm/rj
Text: SF2094            Text: SF2096 Complete Bill History