Senate
File
167
-
Introduced
SENATE
FILE
167
BY
BEHN
,
CHAPMAN
,
HOUSER
,
GREINER
,
FEENSTRA
,
GUTH
,
ANDERSON
,
BERTRAND
,
SEGEBART
,
CHELGREN
,
ZAUN
,
SORENSON
,
WHITVER
,
KAPUCIAN
,
and
BOETTGER
A
BILL
FOR
An
Act
creating
the
penalty
of
death
for
the
commission
of
1
murder
in
the
first
degree,
kidnapping,
and
sexual
abuse
2
against
the
same
minor,
providing
a
penalty,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
13B.4,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
The
state
public
defender
shall
perform
3
all
of
the
following
duties
with
respect
to
the
appointment
of
4
counsel
for
indigent
persons
in
cases
in
which
a
sentence
of
5
death
may
be
or
is
to
be
imposed:
6
a.
Provide
or
contract
with
attorneys
for
appointment
as
7
lead
counsel
and
cocounsel
to
provide
legal
services
in
cases
8
where
a
person
is
charged
with
murder
in
the
first
degree,
9
kidnapping,
and
sexual
abuse
under
section
902.15,
and
the
10
state
has
given
notice
of
intent
to
seek
the
death
penalty
or
11
in
cases
in
which
a
sentence
of
death
is
to
be
imposed.
12
b.
Conduct
or
sponsor
specialized
training
programs
for
13
attorneys
representing
persons
who
may
be
executed.
14
Sec.
2.
NEW
SECTION
.
602.10112
Qualifications
of
counsel
15
in
death
penalty
cases.
16
The
supreme
court
shall
prescribe
rules
which
establish
17
minimum
standards
and
procedures
by
which
attorneys
may
become
18
qualified
to
provide
legal
services
as
lead
counsel
in
cases
in
19
which
a
sentence
of
death
may
be
or
is
to
be
imposed.
20
Sec.
3.
NEW
SECTION
.
812A.1
Procedure
to
determine
sanity
21
of
condemned
inmate.
22
1.
At
any
time
prior
to
execution
of
an
inmate
under
section
23
902.1,
if
the
director
of
the
department
of
corrections
or
24
the
counsel
for
a
person
who
is
under
a
sentence
of
execution
25
has
cause
to
believe
that
the
inmate
is
suffering
from
such
26
a
diseased
or
deranged
condition
of
the
mind
as
to
prevent
27
the
defendant
from
knowing
the
nature
and
quality
of
the
act
28
the
defendant
has
been
convicted
of,
or
from
understanding
29
that
trial
on
the
offense
has
taken
place
and
that
execution
30
proceedings
are
about
to
take
place,
or
to
otherwise
cause
the
31
defendant
to
lack
the
capacity
to
understand
the
sentence
which
32
has
been
imposed
and
to
participate
in
any
legal
proceedings
33
relating
to
the
sentence,
the
director
or
counsel
may
file
a
34
request
with
the
court
that
issued
the
warrant
for
execution
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for
a
determination
of
the
inmate’s
sanity.
If
the
district
1
court
determines
that
there
is
not
sufficient
reason
to
believe
2
that
the
inmate
is
insane,
the
court
shall
enter
an
order
3
denying
the
request
and
shall
state
the
grounds
for
denying
the
4
request.
If
the
court
believes
that
there
is
sufficient
reason
5
to
believe
that
the
inmate
is
insane,
the
court
shall
suspend
6
the
execution
and
conduct
a
hearing
to
determine
the
sanity
of
7
the
inmate.
8
2.
At
the
hearing,
the
court
shall
determine
the
issue
of
9
the
inmate’s
sanity.
Prior
to
the
hearing,
the
court
shall
10
appoint
two
licensed
physicians
or
licensed
psychologists,
or
11
one
licensed
physician
and
one
licensed
psychologist,
who
are
12
qualified
by
training
and
practice,
for
purposes
of
conducting
13
a
psychiatric
or
psychological
examination
of
the
inmate.
The
14
physicians
or
psychologists
shall
examine
the
inmate
and
report
15
any
findings
in
writing
to
the
court
within
ten
days
after
16
the
order
of
examination
is
issued.
The
inmate
shall
have
17
the
right
to
present
evidence
and
cross-examine
any
witnesses
18
at
the
hearing.
Any
statement
made
by
the
inmate
during
the
19
course
of
any
examination
provided
for
in
this
section,
whether
20
or
not
the
inmate
consents
to
the
examination,
shall
not
be
21
admitted
into
evidence
against
the
inmate
in
any
criminal
22
proceeding
for
purposes
other
than
a
determination
of
the
23
inmate’s
sanity.
24
3.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
25
this
section,
the
court
determines
that
the
inmate
is
sane,
26
the
court
shall
enter
an
order
setting
a
date
for
the
inmate’s
27
execution,
which
shall
be
carried
into
effect
in
the
same
28
manner
as
provided
in
the
original
sentence.
A
copy
of
the
29
order
shall
be
sent
to
the
director
of
the
department
of
30
corrections
and
the
governor.
31
4.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
32
section,
the
court
determines
that
the
inmate
is
insane,
the
33
court
shall
suspend
the
execution
until
further
order.
At
any
34
time
after
issuance
of
the
order,
if
the
court
has
sufficient
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reason
to
believe
that
the
inmate
has
become
sane,
the
court
1
shall
again
determine
the
sanity
of
the
inmate
as
provided
2
by
this
section.
Proceedings
pursuant
to
this
section
may
3
continue
to
be
held
at
such
times
as
the
court
orders
until
4
it
is
either
determined
that
the
inmate
is
sane
or
incurably
5
insane.
6
Sec.
4.
NEW
SECTION
.
814.28
Review
of
death
sentence.
7
1.
In
a
case
in
which
a
sentence
of
death
is
imposed,
the
8
supreme
court
shall
automatically
review
the
judgment
and
9
sentence.
The
court’s
review
of
the
case
shall
be
de
novo.
The
10
case
shall
not
be
transferred
to
the
court
of
appeals.
11
2.
A
review
by
the
supreme
court
of
a
judgment
and
sentence
12
imposing
the
punishment
of
death
has
priority
over
all
other
13
criminal
and
other
actions
pending
before
the
supreme
court.
14
3.
The
supreme
court
shall
review
the
trial
and
judgment,
15
and
shall
separately
review
the
sentencing
proceeding.
Upon
16
determining
that
errors
did
not
occur
at
the
trial
requiring
17
reversal
or
modification
of
the
judgment,
the
supreme
court
18
shall
proceed
to
determine
if
the
sentence
of
death
is
lawfully
19
imposed.
In
its
review
of
the
sentencing
proceeding
the
20
supreme
court
shall
determine
all
of
the
following:
21
a.
Whether
the
sentence
of
death
was
imposed
capriciously
or
22
under
the
influence
of
prejudice
or
other
arbitrary
factor.
23
b.
Whether
the
special
verdicts
returned
under
section
24
901.11
are
supported
by
the
evidence.
25
c.
Whether
the
sentence
of
death
is
excessive
or
26
disproportionate
to
the
penalty
imposed
in
similar
cases,
27
considering
both
the
crime
and
the
defendant.
28
4.
If
the
supreme
court
determines
that
the
sentence
of
29
death
was
not
lawfully
imposed,
the
court
shall
set
aside
the
30
sentence
and
shall
remand
the
case
to
the
trial
court
for
a
31
second
sentencing
proceeding
to
determine
if
the
imposition
of
32
death
is
warranted.
33
5.
If
the
supreme
court
affirms
the
judgment
and
sentence
34
of
death,
the
clerk
of
the
supreme
court
shall
certify
the
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judgment
of
the
supreme
court
under
the
seal
of
the
court
to
1
the
clerk
of
the
trial
court.
2
Sec.
5.
Section
815.10,
Code
2013,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
If
two
attorneys
have
not
already
5
been
appointed
pursuant
to
section
13B.4
or
13B.9,
the
court
6
shall
appoint,
for
each
indigent
person
who
is
charged
with
7
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
and
8
in
which
a
notice
of
intent
to
seek
the
death
penalty
has
been
9
filed,
two
attorneys
who
are
qualified
under
section
602.10112
10
to
represent
the
person
in
the
proceedings
and
in
all
state
11
legal
proceedings
which
take
place
from
the
time
the
person
12
is
indicted
or
arraigned
until
the
person
is
sentenced
on
the
13
charge.
In
addition,
if
at
any
point
in
federal
postconviction
14
proceedings
an
indigent
person
is
not
afforded
court-appointed
15
counsel,
the
state
shall
provide
counsel
to
the
person
to
16
present
any
claims
determined
meritorious
by
the
federal
court
17
if
the
person
is
not
otherwise
represented
by
legal
counsel.
18
Only
private
attorneys
and
public
defenders
who
are
qualified
19
to
provide
representation
in
cases
in
which
the
death
penalty
20
may
be
imposed
are
eligible
for
appointment
or
assignment
to
a
21
case
in
which
the
death
penalty
may
be
imposed.
22
Sec.
6.
NEW
SECTION
.
901.11
Murder
proceedings
——
request
23
for
death
penalty
——
penalty
proceedings.
24
1.
If
a
notice
of
intent
to
seek
the
death
penalty
has
25
been
filed,
objections
to
the
imposition
of
the
death
penalty
26
based
upon
allegations
that
a
defendant
was
intellectually
27
disabled
or
mentally
ill
at
the
time
of
the
commission
of
28
the
offense
shall
be
raised
within
the
time
provided
for
the
29
filing
of
pretrial
motions
under
rule
of
criminal
procedure
30
2.11,
Iowa
court
rules.
The
court
may,
for
good
cause
shown,
31
allow
late
filing
of
the
motion.
Hearing
on
the
motion
shall
32
be
held
prior
to
trial
and
the
burden
of
proof
shall
be
on
the
33
defendant
to
prove
intellectual
disability
or
mental
illness
34
by
a
preponderance
of
the
evidence.
However,
a
rebuttable
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presumption
of
intellectual
disability
arises
if
a
defendant
1
has
an
intelligence
quotient
of
seventy
or
below.
If
the
2
court
finds
that
the
defendant
is
intellectually
disabled,
3
the
defendant,
if
convicted
of
murder,
kidnapping,
and
sexual
4
abuse
under
section
902.15,
shall
not
be
sentenced
to
death
but
5
shall
be
sentenced
to
life
imprisonment
in
the
manner
provided
6
in
section
902.1,
subsection
1.
A
finding
by
the
court
that
7
the
evidence
presented
by
the
defendant
at
the
hearing
does
8
not
preclude
the
imposition
of
the
death
penalty
under
this
9
section
and
section
902.15
shall
not
preclude
the
introduction
10
of
evidence
of
intellectual
disability
or
mental
illness
during
11
the
penalty
proceeding.
If
the
court
finds
that
evidence
of
12
intellectual
disability
or
mental
illness
does
not
preclude
13
imposition
of
the
death
penalty,
evidence
of
intellectual
14
disability
or
mental
illness
may
be
reviewed
by
the
jury
in
15
the
penalty
proceeding
and
the
jury
shall
not
be
informed
of
16
the
finding
in
the
initial
proceeding
at
any
time
during
the
17
penalty
proceeding.
18
2.
If
at
the
trial
on
a
charge
of
murder,
kidnapping,
19
and
sexual
abuse
under
section
902.15,
the
state
intends
to
20
request
that
the
death
penalty
be
imposed
under
section
902.1,
21
subsection
3,
the
prosecutor
shall
file
a
notice
of
intent
22
to
seek
the
death
penalty,
at
the
time
of
and
as
part
of
the
23
information
or
indictment
filed
in
the
case.
24
3.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
25
filed,
the
trial
shall
be
conducted
in
bifurcated
proceedings
26
before
the
same
trier
of
fact.
During
the
initial
proceeding,
27
the
jury,
or
the
court,
if
the
defendant
waives
the
right
to
a
28
jury
trial,
shall
decide
only
whether
the
defendant
is
guilty
29
or
not
guilty
of
murder,
kidnapping,
and
sexual
abuse
under
30
section
902.15.
31
a.
If,
in
the
initial
proceeding,
the
court
or
jury
finds
32
the
defendant
guilty
of,
or
the
defendant
pleads
guilty
to,
33
an
offense
other
than
murder,
kidnapping,
and
sexual
abuse
34
under
section
902.15,
the
court
shall
sentence
the
defendant
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in
accordance
with
the
sentencing
procedures
set
forth
in
rule
1
of
criminal
procedure
2.23,
Iowa
court
rules,
and
chapters
901
2
through
909,
which
are
applicable
to
the
offense.
3
b.
If
the
court
or
jury
finds
the
defendant
guilty
of,
or
4
the
defendant
pleads
guilty
to,
murder,
kidnapping,
and
sexual
5
abuse
under
section
902.15,
but
the
prosecuting
attorney
waives
6
the
death
penalty,
the
court
shall
sentence
the
defendant
to
7
life
imprisonment
in
accordance
with
the
sentencing
procedures
8
set
forth
in
rule
of
criminal
procedure
2.23,
Iowa
court
rules,
9
and
chapters
901
through
909,
which
are
otherwise
applicable
10
to
convictions
of
murder
in
the
first
degree,
kidnapping,
and
11
sexual
abuse.
12
c.
If
the
court
or
jury
finds
the
defendant
guilty
of
13
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
or
a
14
defendant
enters
a
plea
of
guilty
in
the
initial
proceeding,
15
and
the
prosecuting
attorney
does
not
waive
imposition
of
the
16
death
penalty,
a
penalty
proceeding
shall
be
held
in
the
manner
17
provided
in
subsections
4
through
12.
18
4.
No
sooner
than
twenty-four
hours
after
a
verdict
of
19
guilty
or
a
plea
of
guilty
to
the
charge
of
murder,
kidnapping,
20
and
sexual
abuse
under
section
902.15
is
returned
in
the
21
initial
proceeding,
a
penalty
proceeding
shall
be
held
to
22
determine
whether
the
defendant
shall
be
sentenced
to
death
23
or
to
life
imprisonment.
The
proceeding
shall
be
conducted
24
in
the
trial
court
before
the
trial
jury,
or
the
court
if
the
25
defendant
has
waived
the
right
to
a
jury
trial
or
has
waived
26
the
right
for
the
proceeding
to
be
before
the
trial
jury.
Both
27
the
state
and
the
defendant
shall
have
the
right
to
present
28
opening
statements
at
the
commencement
of
the
proceeding.
In
29
the
proceeding,
evidence
relevant
to
the
existence
of
any
30
aggravating
or
mitigating
circumstances
may
be
presented
as
31
follows:
32
a.
The
state
or
the
defendant
may
present
evidence
relevant
33
to
the
conviction
of
the
criminal
offenses
enumerated
in
34
section
902.15
and
any
aggravating
circumstances
other
than
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juvenile
delinquency
adjudications
for
offenses
which
carry
1
penalties
equivalent
to
the
penalties
imposed
for
simple
or
2
serious
misdemeanors.
The
state
may
introduce
evidence
of
the
3
actual
harm
caused
by
the
commission
of
the
murder,
kidnapping,
4
and
sexual
abuse
under
section
902.15,
including
but
not
5
limited
to
evidence
relating
to
the
life
of
the
victim
and
the
6
impact
of
the
loss
of
the
victim
to
the
victim’s
family
and
7
society.
8
b.
The
defendant
may
present
evidence
that
the
defendant
9
was
intellectually
disabled
at
the
time
of
the
commission
of
10
the
offense.
The
burden
of
proof
shall
be
on
the
defendant
11
to
prove
intellectual
disability
by
a
preponderance
of
the
12
evidence.
However,
a
rebuttable
presumption
of
intellectual
13
disability
arises
if
a
defendant
has
an
intelligence
quotient
14
of
seventy
or
below.
15
c.
The
state
or
the
defendant
may
present
evidence
relevant
16
to
any
mitigating
circumstances
which
may
exist.
Mitigating
17
circumstances
may
include
the
following
circumstances:
18
(1)
The
defendant
was
under
the
influence
of
an
extreme
19
mental
or
emotional
disturbance
insufficient
to
constitute
a
20
defense.
21
(2)
The
age
of
the
defendant
at
the
time
of
the
murder.
22
(3)
The
defendant’s
capacity
to
appreciate
the
wrongfulness
23
of
the
defendant’s
conduct
and
to
conform
that
conduct
to
the
24
requirements
of
law
was
significantly
impaired
as
a
result
of
a
25
mental
disease
or
defect
or
intellectual
disability,
but
not
to
26
a
degree
sufficient
to
constitute
a
defense.
27
(4)
The
defendant
has
no
significant
history
of
prior
adult
28
criminal
activity.
29
(5)
The
defendant
acted
under
extreme
duress
or
under
the
30
substantial
domination
of
another
person.
31
(6)
The
defendant
did
not
directly
commit
the
murder,
32
kidnapping,
and
sexual
abuse
and
the
defendant
did
not
intend
33
to
kill
or
anticipate
that
lethal
force
would
be
used.
34
(7)
Any
other
factor
which
is
relevant
to
the
defendant’s
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character
or
record
or
to
the
circumstances
of
the
offense.
1
d.
The
state
and
the
defendant
or
the
defendant’s
counsel
2
shall
be
permitted
to
present
and
cross-examine
witnesses
and
3
present
arguments
for
or
against
a
sentence
of
death.
Evidence
4
regarding
aggravating
and
mitigating
circumstances
shall
not
5
be
governed
by
the
rules
governing
admissibility
of
evidence,
6
except
that
introduction
of
evidence
secured
in
violation
of
7
the
Constitution
of
the
United
States
or
of
the
Constitution
of
8
the
State
of
Iowa
shall
not
be
permitted.
9
5.
At
the
conclusion
of
presentation
of
evidence
in
10
the
penalty
proceeding,
the
state
and
the
defendant
or
the
11
defendant’s
counsel
shall
be
permitted
to
make
closing
12
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
13
as
in
the
initial
proceeding
and
the
following
issues
shall
be
14
determined
by
the
jury
or
the
court,
if
there
is
no
jury:
15
a.
Whether
the
aggravating
circumstance
or
circumstances
16
have
been
established
beyond
a
reasonable
doubt
and
outweigh
17
any
one
or
more
mitigating
circumstances.
18
b.
Whether
the
defendant
shall
be
sentenced
to
death.
19
6.
A
recommendation
for
a
sentence
of
death
shall
not
be
20
permitted
if
the
recommendation
is
based
on
the
race,
color,
21
religious
beliefs,
national
origin,
or
sex
of
the
defendant
22
or
of
any
victim.
After
submission
of
the
issues,
but
prior
23
to
the
return
of
a
finding
in
the
penalty
proceeding,
if
24
the
matter
is
tried
before
a
jury,
the
court
shall
instruct
25
the
jury
that
in
considering
whether
a
sentence
of
death
26
is
justified,
it
shall
not
consider
race,
color,
religious
27
beliefs,
national
origin,
or
sex
of
the
defendant
or
of
any
28
victim.
The
court
shall
further
instruct
the
jury
that
it
29
shall
not
return
a
sentence
of
death
unless
it
concludes
30
that
such
a
sentence
would
be
recommended
no
matter
what
the
31
race,
color,
religious
beliefs,
national
origin,
or
sex
of
the
32
defendant
or
of
any
victim
may
be.
33
7.
After
submission
of
the
issues,
but
prior
to
the
34
commencement
of
the
jury
deliberations
in
the
penalty
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proceeding,
the
court
shall
instruct
the
jury
that
if
the
1
defendant
is
not
sentenced
to
death,
the
court
is
required
by
2
law
to
impose
a
sentence
of
imprisonment
until
death
without
3
parole.
The
court
shall
further
instruct
the
jury
that
4
the
sentence
of
imprisonment
until
death
without
parole
is
5
required
by
law
if
the
jury
fails
to
reach
a
unanimous
verdict
6
recommending
a
sentence
of
death.
7
8.
Concurrently
with
the
return
of
the
findings
on
the
8
issues
submitted
under
subsection
5,
the
jury,
or
the
court
if
9
there
is
no
jury,
shall
return
special
verdicts
as
follows:
10
a.
Which
aggravating
circumstances
were
established
beyond
a
11
reasonable
doubt
and
were
considered
in
reaching
the
verdict.
12
b.
Which
mitigating
circumstances
were
established
and
13
were
considered
in
reaching
the
verdict
returned
on
the
issue
14
specified
in
subsection
5,
paragraph
“a”
.
15
9.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
a
16
unanimous
affirmative
finding
on
each
of
the
issues
submitted
17
under
subsection
5,
paragraphs
“a”
and
“b”
,
the
court
shall
18
enter
a
judgment
of
conviction
and
shall
sentence
the
defendant
19
to
death
as
provided
in
section
902.1,
subsection
3.
20
10.
However,
if
evidence
that
the
defendant
was
not
a
major
21
participant
in
the
commission
of
the
murder,
kidnapping,
and
22
sexual
abuse
under
section
902.15,
and
that
the
defendant’s
23
conduct
did
not
manifest
a
reckless
indifference
to
human
life
24
is
presented
to
the
jury,
or
the
court
if
there
is
no
jury,
the
25
jury
or
the
court
shall
also
return
a
special
verdict
on
the
26
issue.
If
the
jury
unanimously
determines,
or
the
court,
if
27
there
is
no
jury,
finds
that
a
preponderance
of
evidence
exists
28
that
shows
that
the
defendant
was
not
a
major
participant
in
29
the
commission
of
the
murder,
kidnapping,
and
sexual
abuse
30
under
section
902.15,
and
that
the
defendant’s
conduct
did
not
31
manifest
a
reckless
indifference
to
human
life,
the
court
shall
32
enter
a
judgment
of
conviction
and
shall
sentence
the
defendant
33
to
life
imprisonment
as
provided
in
section
902.1,
subsection
34
1,
even
if
the
jury
or
the
court
returns
unanimous
affirmative
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findings
on
each
of
the
issues
submitted
under
subsection
5.
1
11.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
2
a
negative
finding
on
any
of
the
issues
submitted
under
3
subsection
5,
paragraphs
“a”
or
“b”
,
the
court
shall
enter
a
4
judgment
of
conviction
and
shall
sentence
the
defendant
to
life
5
imprisonment
as
provided
in
section
902.1,
subsection
1.
6
12.
After
a
verdict
has
been
rendered
it
shall
be
recorded
7
on
the
jury
verdict
form
and
shall
be
read
and
recorded
in
open
8
court.
The
jurors
shall
be
collectively
asked
by
the
court
9
whether
the
verdict
returned
is
their
true
and
correct
verdict.
10
Even
though
no
juror
makes
any
declaration
to
the
contrary,
the
11
jury
shall,
if
either
party
so
requests,
be
polled
and
each
12
juror
shall
be
separately
asked
whether
the
verdict
rendered
by
13
the
jury
foreperson
is
the
juror’s
true
and
correct
verdict.
14
If,
upon
either
the
collective
or
the
separate
inquiry,
any
15
juror
denies
that
the
verdict
is
the
juror’s
verdict,
the
court
16
shall
refuse
to
accept
the
verdict.
The
court
may
direct
17
inquiry
or
permit
inquiry
by
counsel
to
ascertain
whether
any
18
juror
has
been
subjected
to
coercion
or
has
become
confused
19
during
the
jury
deliberation
process.
The
court
may,
as
20
appropriate,
direct
the
jury
to
resume
deliberation
in
the
21
case.
If
no
disagreement
on
the
verdict
is
expressed
by
any
of
22
the
jurors,
the
court
shall
discharge
the
jury.
23
13.
This
section
shall
not
apply
to
a
defendant
who
24
was
under
the
age
of
eighteen
at
the
time
the
offense
was
25
committed.
26
Sec.
7.
Section
902.1,
subsection
1,
Code
2013,
is
amended
27
to
read
as
follows:
28
1.
Upon
Except
as
otherwise
provided
in
subsection
2
or
29
3,
upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
30
verdict
upon
which
a
judgment
of
conviction
of
a
class
“A”
31
felony
may
be
rendered,
the
court
shall
enter
a
judgment
of
32
conviction
and
shall
commit
the
defendant
into
the
custody
of
33
the
director
of
the
Iowa
department
of
corrections
for
the
34
rest
of
the
defendant’s
life.
Nothing
in
the
Iowa
corrections
35
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code
pertaining
to
deferred
judgment,
deferred
sentence,
1
suspended
sentence,
or
reconsideration
of
sentence
applies
2
to
a
sentence
of
life
imprisonment
for
a
class
“A”
felony,
3
and
a
person
convicted
of
a
class
“A”
felony
and
sentenced
to
4
life
imprisonment
shall
not
be
released
on
parole
unless
the
5
governor
commutes
the
sentence
to
a
term
of
years.
6
Sec.
8.
Section
902.1,
Code
2013,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
3.
Notwithstanding
subsection
1,
upon
9
return
of
a
plea
or
verdict
of
guilty
to
the
offense
of
murder
10
in
the
first
degree,
kidnapping,
and
sexual
abuse
under
section
11
902.15,
and
a
return
of
a
verdict
in
favor
of
a
sentence
of
12
death
in
a
penalty
proceeding
conducted
as
provided
in
section
13
901.11,
the
court
shall
enter
a
judgment
of
conviction
and
14
shall
commit
the
defendant
into
the
custody
of
the
director
15
of
the
Iowa
department
of
corrections.
The
sentence
shall
16
be
carried
out
by
the
administration
of
a
lethal
injection
17
pursuant
to
rules
adopted
by
the
board
of
corrections.
If
18
a
defendant,
for
whom
a
warrant
of
execution
is
issued,
is
19
pregnant,
the
execution
shall
not
take
place
until
after
the
20
defendant
is
no
longer
pregnant.
If
a
defendant,
for
whom
21
a
warrant
of
execution
is
issued,
is
suffering
from
such
a
22
diseased
or
deranged
condition
of
the
mind
as
to
prevent
the
23
defendant
from
knowing
the
nature
and
quality
of
the
act
24
the
defendant
has
been
convicted
of,
or
from
understanding
25
that
trial
on
the
offense
has
taken
place
and
that
execution
26
proceedings
are
about
to
take
place,
or
otherwise
causes
the
27
defendant
to
lack
the
capacity
to
understand
the
sentence
which
28
has
been
imposed
and
to
participate
in
any
legal
proceedings
29
relating
to
the
sentence,
the
execution
shall
not
take
place
30
until
after
the
defendant’s
capacity
is
restored.
If
the
31
director
of
the
department
of
corrections
or
the
defendant’s
32
counsel
files
a
request
with
the
court
which
issued
the
warrant
33
of
execution,
alleging
that
the
defendant
suffers
from
such
34
a
diseased
or
deranged
condition,
a
hearing
on
the
matter
35
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shall
be
held
in
the
manner
provided
in
section
812A.1.
If
a
1
defendant
was
under
the
age
of
eighteen
at
the
time
the
offense
2
was
committed,
the
defendant
shall
be
sentenced
as
provided
3
in
subsection
1.
For
the
purposes
of
this
section,
“lethal
4
injection”
means
a
continuous
intravenous
injection
of
a
lethal
5
substance
sufficient
to
cause
death.
6
Sec.
9.
NEW
SECTION
.
902.15
Commission
of
first
degree
7
murder,
kidnapping,
and
sexual
abuse.
8
A
person
who
commits
murder
in
the
first
degree,
kidnapping,
9
and
sexual
abuse
with
respect
to
the
same
victim,
who
is
10
not
intellectually
disabled
or
mentally
ill,
and
who
is
age
11
eighteen
or
older
at
the
time
the
offense
is
committed,
shall
12
be
eligible
for
a
sentence
of
death
under
section
902.1,
13
subsection
3,
if
the
victim
was
a
minor.
14
For
purposes
of
this
section,
“intellectually
disabled”
15
means
significant
subaverage
general
intellectual
functioning
16
accompanied
by
significant
deficits
or
impairments
in
adaptive
17
functioning
manifested
in
the
developmental
period,
but
no
18
later
than
the
age
of
eighteen
years,
and
accompanied
by
19
deficits
in
adaptive
behavior.
20
For
purposes
of
this
section,
“mentally
ill”
means
the
21
condition
of
a
person
who
is
suffering
from
a
chronic
and
22
persistent
serious
mental
disease
or
disorder
and
who,
by
23
reason
of
that
condition,
lacks
sufficient
judgment
to
make
24
responsible
decisions
regarding
treatment
and
is
reasonably
25
likely
to
injure
the
person’s
self
or
others
who
may
come
into
26
contact
with
the
person
if
the
person
is
allowed
to
remain
at
27
liberty
without
treatment.
28
Sec.
10.
NEW
SECTION
.
902.16
Data
collection
for
death
29
penalty.
30
1.
The
supreme
court
shall
collect
data
on
all
murder,
31
kidnapping,
and
sexual
abuse
charges
in
which
the
death
32
penalty
is
or
was
not
waived,
which
are
filed
and
processed
33
in
the
courts
in
this
state.
This
data
may
be
used
by
the
34
supreme
court
to
determine
whether
death
sentences
imposed
35
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are
excessive
or
disproportionate,
or
under
the
influence
of
1
prejudice
as
a
result
of
racial
discrimination
under
section
2
814.28.
The
court
shall
make
this
data
available
to
litigants
3
in
death
penalty
cases.
4
2.
Data
collected
by
public
officials
concerning
factors
5
relevant
to
the
imposition
of
the
death
sentence
shall
be
made
6
publicly
available.
7
Sec.
11.
NEW
SECTION
.
903C.1
Executions
——
refusal
to
8
perform.
9
An
employee
of
the
state
who
may
lawfully
perform,
assist,
or
10
participate
in
the
execution
of
a
person
pursuant
to
section
11
902.1,
and
rules
adopted
by
the
department
of
corrections,
12
shall
not
be
required
to
perform,
assist,
or
participate
in
13
the
execution.
State
employees
who
refuse
to
perform,
assist,
14
or
participate
in
the
execution
of
a
person
shall
not
be
15
discriminated
against
in
any
way,
including
but
not
limited
16
to
employment,
promotion,
advancement,
transfer,
licensing,
17
education,
training,
or
the
granting
of
any
privileges
or
18
appointments
because
of
the
refusal
to
perform,
assist,
or
19
participate
in
the
execution.
20
Sec.
12.
Section
904.105,
Code
2013,
is
amended
by
adding
21
the
following
new
subsection:
22
NEW
SUBSECTION
.
9A.
Adopt
rules
pursuant
to
chapter
17A
23
pertaining
to
executions
of
persons
convicted
of
murder,
24
kidnapping,
and
sexual
abuse
under
section
902.15.
Rules
25
adopted
shall
include
but
are
not
limited
to
rules
permitting
26
the
witnessing
of
executions
by
members
of
the
public
and
the
27
victim’s
family.
Invitations
to
witness
an
execution
shall
at
28
least
be
extended
to
the
following
representatives
of
the
news
29
media:
30
a.
A
representative
from
a
wire
service
serving
Iowa.
31
b.
A
representative
from
a
broadcasting
network
serving
32
Iowa.
33
c.
A
representative
from
a
television
station
located
in
34
Iowa.
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d.
A
representative
from
a
radio
station
located
in
Iowa.
1
e.
A
representative
from
a
daily
newspaper
published
in
2
Iowa.
3
f.
A
representative
from
a
weekly
newspaper
published
in
4
Iowa.
5
g.
A
representative
from
the
news
media
from
the
community
6
in
which
the
condemned
person
resided,
if
that
community
is
7
located
in
Iowa.
8
Sec.
13.
9
Rules
of
criminal
procedure,
Iowa
court
rules,
are
amended
10
by
adding
the
following
four
sections
of
this
Act.
11
Sec.
14.
2.___
DEATH
PENALTY
—
PROCEDURE.
12
2.___(1)
If
a
notice
of
intent
to
seek
the
death
penalty
has
13
been
filed,
objections
to
the
imposition
of
the
death
penalty
14
based
upon
allegations
that
a
defendant
was
intellectually
15
disabled
at
the
time
of
the
commission
of
the
offense
shall
16
be
raised
within
the
time
provided
for
the
filing
of
pretrial
17
motions
under
R.Cr.P.
2.11,
Iowa
court
rules.
The
court
18
may,
for
good
cause
shown,
allow
late
filing
of
the
motion.
19
Hearing
on
the
motion
shall
be
held
prior
to
trial
and
the
20
burden
of
proof
shall
be
on
the
defendant
to
prove
intellectual
21
disability
by
a
preponderance
of
the
evidence.
However,
a
22
rebuttable
presumption
of
intellectual
disability
arises
if
a
23
defendant
has
an
intelligence
quotient
of
seventy
or
below.
24
A
finding
of
the
court
that
the
evidence
presented
by
the
25
defendant
at
the
hearing
does
not
preclude
the
imposition
of
26
the
death
penalty
under
this
rule
and
Iowa
Code
section
902.15
27
shall
not
preclude
the
introduction
of
evidence
of
intellectual
28
disability
during
the
penalty
proceeding.
If
the
court
finds
29
that
the
evidence
presented
by
the
defendant
does
not
preclude
30
the
imposition
of
the
death
penalty,
evidence
of
intellectual
31
disability
may
be
reviewed
by
the
jury
during
the
penalty
32
proceeding
and
the
jury
shall
not
be
informed
of
the
finding
33
in
the
initial
proceeding
at
any
time
during
the
penalty
34
proceeding.
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2.___(2)
Upon
a
finding
or
plea
that
a
defendant
is
guilty
1
of
murder,
kidnapping,
and
sexual
abuse
under
Iowa
Code
section
2
902.15,
in
an
initial
proceeding,
if
a
notice
of
intent
to
seek
3
the
death
penalty
has
been
filed
and
has
not
been
waived,
the
4
court
shall
conduct
a
separate
penalty
proceeding
to
determine
5
whether
the
defendant
shall
be
sentenced
to
death
or
to
life
6
imprisonment.
The
penalty
proceeding
shall
be
conducted
in
7
the
trial
court
before
the
trial
jury,
or
the
court,
if
there
8
is
no
jury,
no
sooner
than
twenty-four
hours
after
the
return
9
of
the
verdict
or
plea
in
the
initial
proceeding.
In
the
10
penalty
proceeding,
additional
evidence
may
be
presented
as
to
11
the
conviction
for
murder,
kidnapping,
and
sexual
abuse
under
12
section
902.15,
or
any
aggravating
or
mitigating
circumstance
13
which
may
exist.
Presentation
of
evidence
which
is
relevant
14
to
the
existence
of
an
aggravating
or
mitigating
circumstance
15
shall
not
be
bound
by
the
rules
of
evidence.
This
subsection
16
does
not
authorize
the
introduction
of
any
evidence
secured
in
17
violation
of
the
Constitution
of
the
United
States
or
of
the
18
Constitution
of
the
State
of
Iowa.
The
state
and
the
defendant
19
or
the
defendant’s
counsel
shall
be
permitted
to
cross-examine
20
witnesses
and
to
present
arguments
for
or
against
a
sentence
of
21
death.
22
2.___(3)
On
conclusion
of
the
presentation
of
the
evidence
23
in
the
penalty
proceeding,
the
state
and
the
defendant
or
24
the
defendant’s
counsel
shall
be
permitted
to
make
closing
25
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
26
as
in
the
initial
proceeding
and
the
court
shall
submit
each
of
27
the
following
issues
to
the
jury:
28
a.
Whether
one
or
more
aggravating
circumstances
outweigh
29
any
one
or
more
mitigating
circumstances.
30
b.
Whether
the
defendant
shall
be
sentenced
to
death.
31
If
the
case
is
not
tried
to
a
jury,
the
court
shall
determine
32
the
issues.
33
2.___(4)
The
state
must
prove
the
issue
in
rule
2.___(3)(a)
34
beyond
a
reasonable
doubt,
and
the
jury,
or
the
court
if
there
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is
no
jury,
shall
return
a
special
verdict
of
“yes”
or
“no”
on
1
each
issue.
2
2.___(5)
If
the
case
is
tried
to
a
jury,
the
court
shall
3
charge
the
jury
that:
4
a.
It
shall
answer
any
issue
“yes”
if
it
agrees
unanimously.
5
b.
It
shall
answer
any
issue
“no”
if
the
jurors
unanimously
6
agree
that
the
answer
is
“no”
or
if
the
jurors
do
not
7
unanimously
agree
that
the
answer
is
“yes”.
8
2.___(6)
Concurrently
with
the
return
of
the
special
9
verdicts
under
rule
2.___(3),
the
jury,
or
the
court
if
there
10
is
no
jury,
shall
also
return
special
verdicts
as
follows:
11
a.
Which
aggravating
circumstances
were
established
beyond
12
a
reasonable
doubt
and
were
considered
in
reaching
the
verdict
13
returned
on
the
issue
specified
in
rule
2.___(3)(a).
14
b.
Which
mitigating
circumstances
were
established
and
15
were
considered
in
reaching
the
verdict
returned
on
the
issue
16
specified
in
rule
2.___(3)(a).
17
2.___(7)
If
the
jury,
or
the
court
if
there
is
no
jury,
18
returns
an
affirmative
finding
on
all
applicable
issues,
the
19
court
shall
sentence
the
defendant
to
death.
If
the
jury
or
20
the
court
returns
a
negative
finding
on
any
applicable
issue,
21
the
court
shall
sentence
the
defendant
to
the
custody
of
the
22
director
of
the
department
of
corrections
for
confinement
for
23
the
rest
of
the
defendant’s
life.
24
2.___(8)
After
a
verdict
has
been
rendered
it
shall
be
25
recorded
on
the
jury
verdict
form
and
shall
be
read
and
26
recorded
in
open
court.
The
jurors
shall
be
collectively
asked
27
by
the
court
whether
the
verdict
returned
is
their
true
and
28
correct
verdict.
Even
though
no
juror
makes
any
declaration
29
to
the
contrary,
the
jury
shall,
if
either
party
so
requests,
30
be
polled
and
each
juror
shall
be
separately
asked
whether
the
31
verdict
rendered
by
the
jury
foreperson
is
the
juror’s
true
32
and
correct
verdict.
If,
upon
either
the
collective
or
the
33
separate
inquiry,
any
juror
denies
that
the
verdict
is
the
34
juror’s
verdict,
the
court
shall
refuse
to
accept
the
verdict.
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The
court
may
direct
inquiry
or
permit
inquiry
by
counsel
to
1
ascertain
whether
any
juror
has
been
subjected
to
coercion
2
or
has
become
confused
during
the
jury
deliberation
process.
3
The
court
may,
as
appropriate,
direct
the
jury
to
resume
4
deliberation
in
the
case.
If
no
disagreement
on
the
verdict
5
is
expressed
by
any
of
the
jurors,
the
court
shall
discharge
6
the
jury.
7
2.___(9)
Provisions
relating
to
deferred
judgment,
deferred
8
sentence,
suspended
sentence,
reconsideration
of
sentence,
9
probation,
parole,
or
work
release
contained
in
Iowa
Code
10
chapters
901
through
909
do
not
apply
to
a
conviction
of
11
murder,
kidnapping,
and
sexual
abuse
under
Iowa
Code
section
12
902.15
if
the
defendant
is
sentenced
to
death.
13
Sec.
15.
2.___
AUTOMATIC
REVIEW
—
STAY
OF
EXECUTION
OF
14
JUDGMENT.
15
2.___(1)
A
judgment
of
conviction
and
sentence
of
death
16
shall
be
reviewed
automatically
in
the
manner
provided
in
Iowa
17
Code
section
814.28,
and
the
Iowa
supreme
court
has
exclusive
18
jurisdiction
of
the
review.
19
2.___(2)
Upon
entry
of
judgment
and
sentence
of
death,
the
20
trial
court
shall
prepare
a
complete
record
and
transcript
of
21
the
action
in
the
manner
provided
in
the
rules
of
criminal
22
procedure
and
shall
docket
the
record
and
transcript
with
the
23
clerk
of
the
supreme
court.
24
2.___(3)
The
execution
of
judgment
of
the
trial
court
is
25
stayed
as
a
matter
of
law
from
the
time
of
its
entry
until
26
the
judgment
of
the
supreme
court
is
certified
to
and
entered
27
by
the
trial
court.
Upon
entry
of
a
judgment
of
the
supreme
28
court
which
affirms
the
conviction
and
sentence,
the
stay
of
29
execution
of
judgment
terminates
as
a
matter
of
law.
30
2.___(4)
All
court
costs
required
due
to
the
automatic
31
preparation
of
the
record
and
transcript,
docketing
with
the
32
supreme
court,
and
stay
of
execution
of
judgment
shall
be
33
assessed
to
the
state.
34
Sec.
16.
2.___
ISSUANCE
OF
WARRANT.
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2.___(1)
Upon
entry
by
the
trial
court
of
the
judgment
of
1
the
supreme
court
affirming
a
judgment
and
sentence
of
death,
2
a
district
judge
shall
within
five
days
of
the
entry
issue
3
a
warrant
under
the
seal
of
the
court
for
the
execution
of
4
the
sentence
of
death.
The
warrant
shall
specifically
set
5
forth
the
offense
and
the
fact
of
conviction,
shall
state
6
the
judgment
and
sentence
of
the
court,
shall
state
that
the
7
judgment
and
sentence
were
affirmed
by
the
supreme
court
and
8
the
date
of
entry
of
judgment
of
the
supreme
court
in
the
9
trial
court,
and
shall,
subject
to
the
requirements
of
Iowa
10
Code
section
902.1,
subsection
3,
specify
a
range
of
five
days
11
for
execution
of
the
defendant
which
shall
be
not
less
than
12
fifty
nor
more
than
sixty
days
after
the
date
of
entry
in
the
13
trial
court
of
the
judgment
of
the
supreme
court
affirming
the
14
judgment
and
sentence
of
death.
The
warrant
shall
be
directed
15
to
the
director
of
the
department
of
corrections
commanding
16
the
director
to
cause
the
warrant
to
be
executed
within
the
17
dates
specified.
The
trial
court
shall
deliver
the
warrant
18
to
the
sheriff
of
the
county
in
which
judgment
of
conviction
19
was
entered
and
the
sheriff
shall
deliver
the
warrant
to
the
20
director
of
the
department
of
corrections.
The
director
of
21
the
department
of
corrections
shall
acknowledge
receipt
of
the
22
warrant
and
the
defendant,
and
the
sheriff
shall
return
the
23
acknowledgment
to
the
office
of
the
clerk
of
the
trial
court
24
from
which
the
warrant
was
issued.
25
2.___(2)
Immediately
after
issuance
of
a
warrant
ordering
26
a
sentence
of
death,
the
clerk
of
the
trial
court
issuing
the
27
warrant
shall
transmit
by
certified
mail
to
the
governor
a
copy
28
of
the
indictment,
the
plea,
the
verdict
and
special
findings,
29
the
affirmation
of
judgment
and
sentence
by
the
supreme
court,
30
and
the
complete
transcript
of
the
trial
court.
31
2.___(3)
Notwithstanding
rule
2.___(1),
if
a
defendant,
32
for
whom
a
warrant
of
execution
is
issued,
is
pregnant,
the
33
execution
shall
not
take
place
until
after
the
defendant
34
is
no
longer
pregnant.
Notwithstanding
rule
2.___(1),
if
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a
defendant,
for
whom
a
warrant
of
execution
is
issued,
is
1
suffering
from
such
a
diseased
or
deranged
condition
of
the
2
mind
as
to
prevent
the
defendant
from
knowing
the
nature
3
and
quality
of
the
act
the
defendant
has
been
convicted
of,
4
or
from
understanding
that
trial
on
the
offense
has
taken
5
place
and
that
execution
proceedings
are
about
to
take
place,
6
or
to
otherwise
cause
the
defendant
to
lack
the
capacity
7
to
understand
the
sentence
which
has
been
imposed
and
to
8
participate
in
any
legal
proceedings
relating
to
the
sentence,
9
the
execution
shall
not
take
place
until
after
the
defendant
is
10
no
longer
suffering
from
the
condition.
11
Sec.
17.
2.___
EVIDENCE
AT
PENALTY
PROCEEDING
WHERE
DEATH
12
SENTENCE
REQUESTED.
13
2.___(1)
At
a
reasonable
time
before
the
commencement
of
14
initial
proceedings
in
a
murder,
kidnapping,
and
sexual
abuse
15
trial
in
which
a
sentence
of
death
has
been
requested,
each
16
party
shall
file
and
serve
upon
the
other
party
the
following:
17
a.
A
list
of
all
aggravating
or
mitigating
circumstances
18
which
the
party
intends
to
prove
during
the
sentencing
19
proceedings.
20
b.
The
names
of
all
persons
whom
the
party
intends
to
call
21
as
witnesses
during
the
sentencing
proceedings.
22
c.
Notwithstanding
rule
2.14,
copies,
or
for
inspection
23
purposes,
the
location,
of
all
documents,
including
books,
24
papers,
writings,
drawings,
graphs,
charts,
photographs,
25
telephone
records,
and
other
data
compilations
from
which
26
information
can
be
obtained,
or
other
objects
which
the
27
party
intends
to
offer
into
evidence
during
the
sentencing
28
proceedings.
If
copies
are
not
supplied
to
opposing
counsel,
29
the
party
shall
make
the
items
available
for
inspection
and
30
copying
without
order
of
the
court.
31
2.___(2)
In
proceedings
to
determine
whether
the
sentence
32
shall
be
death
or
life
imprisonment,
evidence
may
be
presented
33
as
to
any
matter
which
the
trial
court
deems
relevant
to
34
the
sentence,
including
but
not
limited
to
the
nature,
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circumstances,
and
manner
of
completion
of
the
murder,
1
kidnapping,
and
sexual
abuse,
and
the
defendant’s
character,
2
background,
history,
and
mental
and
physical
condition.
The
3
trial
court
shall
admit
any
relevant
admissible
evidence
4
respecting
any
aggravating
or
mitigating
circumstances,
if
the
5
party
has
included
the
circumstance
on
a
list
provided
pursuant
6
to
this
rule,
or
good
cause
is
shown
for
the
failure
to
do
so.
7
Sec.
18.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
8
3,
shall
not
apply
to
this
Act.
9
Sec.
19.
SEVERABILITY.
If
any
provision
of
this
Act
or
the
10
application
thereof
to
any
person
is
invalid,
the
invalidity
11
shall
not
affect
the
provisions
or
application
of
this
Act
12
which
can
be
given
effect
without
the
invalid
provisions
or
13
application
and
to
this
end,
the
provisions
of
this
Act
are
14
severable.
15
Sec.
20.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
16
2014,
and
applies
to
offenses
committed
on
or
after
that
date.
17
EXPLANATION
18
This
bill
amends
the
Iowa
criminal
code
to
provide
for
19
punishment
by
death
for
murder
in
the
first
degree,
kidnapping,
20
and
sexual
abuse
committed
with
respect
to
the
same
victim
21
who
is
a
minor
if
the
trial
jury,
or
the
judge
if
there
22
is
no
jury,
makes
specific
findings
and
whether
the
jury
23
believes
the
defendant
should
be
put
to
death
in
a
separate
24
penalty
proceeding
held
after
the
close
of
the
initial
trial
25
proceeding.
Under
the
bill,
a
death
sentence
could
be
imposed
26
if
the
murder
would
constitute
murder
in
the
first
degree
and
27
the
state
pleads
and
proves
the
defendant
also
kidnapped
and
28
committed
sexual
abuse
against
the
murder
victim
who
was
a
29
minor.
30
If
a
person
is
indigent
and
is
charged
with
capital
murder,
31
payment
of
costs
for
two
attorneys
is
authorized.
The
supreme
32
court
is
required
to
establish
standards
for
the
competency
of
33
counsel
in
death
penalty
cases.
The
state
public
defender
is
34
charged
with
establishing
teams
of
qualified
lead
and
cocounsel
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for
death
penalty
cases,
as
well
as
conducting
or
sponsoring
1
specialized
training
programs
for
attorneys
representing
2
persons
who
may
be
executed.
3
If
such
a
case
proceeds
to
trial
and
a
notice
of
intent
to
4
seek
the
death
penalty
has
been
filed,
in
addition
to
any
other
5
defenses
which
may
be
presented
to
the
charge,
the
defendant
6
may
raise
the
issue
of
intellectual
disability
during
the
time
7
of
filing
pretrial
motions,
and
the
defendant
is
entitled
to
8
a
rebuttable
presumption
of
intellectual
disability
if
the
9
defendant
establishes
that
the
defendant
has
an
intelligence
10
quotient
of
70
or
below.
11
Once
the
evidence
is
submitted
to
the
jury,
the
court
12
will
instruct
the
jury,
at
the
defendant’s
request,
that
in
13
considering
whether
a
sentence
of
death
is
justified,
the
14
race,
color,
religious
beliefs,
national
origin,
or
sex
of
15
the
defendant
or
of
any
victim
is
not
to
be
considered.
The
16
supreme
court
shall
collect
evidence
relating
to
whether
the
17
death
sentences
imposed
are
excessive,
disproportionate,
or
18
imposed
under
the
influence
of
prejudice
at
trial
which
will
be
19
available
to
litigants.
20
The
sentence
of
death
is
imposed
only
when
the
trier
of
fact
21
(the
jury
or
the
court
if
the
defendant
has
waived
the
right
to
22
a
jury
trial)
unanimously
answers
two
questions
affirmatively:
23
(1)
whether
aggravating
circumstances
established
beyond
a
24
reasonable
doubt
outweigh
any
mitigating
circumstances
that
25
may
exist;
and
(2)
whether
the
defendant
should
be
sentenced
26
to
death.
Mitigating
factors
the
trier
of
fact
may
consider
27
include
the
following:
the
defendant
was
under
the
influence
28
of
an
extreme
mental
or
emotional
disturbance;
the
age
of
29
the
defendant;
the
defendant’s
ability
to
appreciate
the
30
wrongfulness
of
the
conduct
due
to
mental
disease
but
not
31
to
a
degree
to
constitute
a
defense;
the
defendant
has
no
32
significant
prior
criminal
history;
the
defendant
was
under
33
extreme
duress;
the
defendant
did
not
directly
commit
the
34
murder,
kidnapping,
and
sexual
abuse;
and
the
defendant’s
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character
or
record
or
the
circumstances
of
the
offense.
The
1
sentencing
proceeding
is
conducted
separately
from
the
finding
2
of
guilt
or
innocence
by
the
same
trier
of
fact.
3
For
the
sentencing
proceeding,
the
trier
of
fact
(the
jury
4
or
the
court
if
the
defendant
has
waived
the
right
to
have
5
the
jury
hear
the
proceedings)
is
to
weigh
any
aggravating
6
circumstances
established
beyond
a
reasonable
doubt
by
the
7
state
against
any
of
the
enumerated
mitigating
circumstances
8
which
may
be
presented
by
the
defendant.
Evidence
of
certain
9
juvenile
delinquency
adjudications
is
not
admissible
in
any
10
proceeding
to
determine
the
sentence.
If
the
jury
fails
to
11
agree
unanimously
on
the
required
affirmative
findings,
the
12
penalty
would
be
life
imprisonment.
13
The
death
penalty
sentence
would
be
reviewed
automatically
14
by
the
supreme
court.
The
supreme
court
shall
review
the
trial
15
and
judgment
separately
from
the
sentencing
proceeding.
If
the
16
supreme
court
finds
error
in
the
sentencing
proceeding,
the
17
supreme
court
may
remand
the
case
back
to
district
court
for
a
18
new
sentencing
hearing.
The
bill
requires
the
supreme
court
to
19
examine
whether
the
sentence
is
excessive
or
disproportionate
20
to
penalties
in
similar
cases.
If
affirmed
by
the
supreme
21
court,
the
penalty
would
be
accomplished
by
lethal
injection.
22
The
bill
requires
the
board
of
corrections
to
adopt
rules
23
pertaining
to
executions,
including
rules
pertaining
to
the
24
witnessing
of
executions.
25
The
bill
further
provides
that
in
order
to
receive
a
sentence
26
of
death,
the
defendant
must
be
at
least
18
years
of
age
at
27
the
time
the
offense
is
committed,
must
not
be
mentally
ill
or
28
intellectually
disabled,
and
must
have
been
a
major
participant
29
in
the
commission
of
the
crime
or
must
have
shown
a
manifest
30
indifference
to
human
life.
31
A
person
who
is
sentenced
to
death,
but
who
is
pregnant
when
32
the
warrant
of
execution
is
issued,
is
not
to
be
executed
until
33
the
person
is
no
longer
pregnant.
A
procedure
is
also
provided
34
to
stay
execution
of
a
condemned
inmate
who
becomes
insane
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after
conviction
but
before
execution.
1
An
employee
of
the
state
shall
not
be
required
to
perform
or
2
assist
in
any
execution
and
shall
not
be
discriminated
against
3
for
refusing
to
participate.
4
The
bill
may
include
a
state
mandate
as
defined
in
Code
5
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
6
subsection
3,
which
would
relieve
a
political
subdivision
from
7
complying
with
a
state
mandate
if
funding
for
the
cost
of
8
the
state
mandate
is
not
provided
or
specified.
Therefore,
9
political
subdivisions
are
required
to
comply
with
any
state
10
mandate
included
in
the
bill.
11
The
bill
contains
severability
provisions
and
takes
effect
12
January
1,
2014,
and
applies
only
to
offenses
committed
on
or
13
after
that
date.
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