Senate
File
239
-
Introduced
SENATE
FILE
239
BY
BEHN
,
CHELGREN
,
GARRETT
,
KAPUCIAN
,
GUTH
,
CHAPMAN
,
FEENSTRA
,
ZAUN
,
and
ROZENBOOM
A
BILL
FOR
An
Act
creating
the
penalty
of
death
for
the
commission
of
the
1
multiple
offense
of
murder
in
the
first
degree,
kidnapping,
2
and
sexual
abuse
against
the
same
minor,
providing
a
3
penalty,
and
including
effective
date
and
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
13B.4,
Code
2015,
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
the
multiple
offense
of
murder
9
in
the
first
degree,
kidnapping,
and
sexual
abuse
under
section
10
902.15,
and
the
state
has
given
notice
of
intent
to
seek
the
11
death
penalty
or
in
cases
in
which
a
sentence
of
death
is
to
be
12
imposed.
13
b.
Conduct
or
sponsor
specialized
training
programs
for
14
attorneys
representing
persons
who
may
be
executed.
15
Sec.
2.
NEW
SECTION
.
602.10112
Qualifications
of
counsel
16
in
death
penalty
cases.
17
The
supreme
court
shall
prescribe
rules
which
establish
18
minimum
standards
and
procedures
by
which
attorneys
may
become
19
qualified
to
provide
legal
services
as
lead
counsel
in
cases
in
20
which
a
sentence
of
death
may
be
or
is
to
be
imposed.
21
Sec.
3.
NEW
SECTION
.
812A.1
Procedure
to
determine
sanity
22
of
condemned
inmate.
23
1.
At
any
time
prior
to
execution
of
an
inmate
under
section
24
902.1,
if
the
director
of
the
department
of
corrections
or
25
the
counsel
for
a
person
who
is
under
a
sentence
of
execution
26
has
cause
to
believe
that
the
inmate
is
suffering
from
such
27
a
diseased
or
deranged
condition
of
the
mind
as
to
prevent
28
the
defendant
from
knowing
the
nature
and
quality
of
the
act
29
the
defendant
has
been
convicted
of,
or
from
understanding
30
that
trial
on
the
offense
has
taken
place
and
that
execution
31
proceedings
are
about
to
take
place,
or
to
otherwise
cause
the
32
defendant
to
lack
the
capacity
to
understand
the
sentence
which
33
has
been
imposed
and
to
participate
in
any
legal
proceedings
34
relating
to
the
sentence,
the
director
or
counsel
may
file
a
35
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request
with
the
court
that
issued
the
warrant
for
execution
1
for
a
determination
of
the
inmate’s
sanity.
If
the
court
2
determines
that
there
is
not
sufficient
reason
to
believe
3
that
the
inmate
is
insane,
the
court
shall
enter
an
order
4
denying
the
request
and
shall
state
the
grounds
for
denying
the
5
request.
If
the
court
believes
that
there
is
sufficient
reason
6
to
believe
that
the
inmate
is
insane,
the
court
shall
suspend
7
the
execution
and
conduct
a
hearing
to
determine
the
sanity
of
8
the
inmate.
9
2.
At
the
hearing,
the
court
shall
determine
the
issue
of
10
the
inmate’s
sanity.
Prior
to
the
hearing,
the
court
shall
11
appoint
two
licensed
physicians
or
licensed
psychologists,
or
12
one
licensed
physician
and
one
licensed
psychologist,
who
are
13
qualified
by
training
and
practice,
for
purposes
of
conducting
14
a
psychiatric
or
psychological
examination
of
the
inmate.
The
15
physicians
or
psychologists
shall
examine
the
inmate
and
report
16
any
findings
in
writing
to
the
court
within
ten
days
after
17
the
order
of
examination
is
issued.
The
inmate
shall
have
18
the
right
to
present
evidence
and
cross-examine
any
witnesses
19
at
the
hearing.
Any
statement
made
by
the
inmate
during
the
20
course
of
any
examination
provided
for
in
this
section,
whether
21
or
not
the
inmate
consents
to
the
examination,
shall
not
be
22
admitted
into
evidence
against
the
inmate
in
any
criminal
23
proceeding
for
purposes
other
than
a
determination
of
the
24
inmate’s
sanity.
25
3.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
26
this
section,
the
court
determines
that
the
inmate
is
sane,
27
the
court
shall
enter
an
order
setting
a
date
for
the
inmate’s
28
execution,
which
shall
be
carried
into
effect
in
the
same
29
manner
as
provided
in
the
original
sentence.
A
copy
of
the
30
order
shall
be
sent
to
the
director
of
the
department
of
31
corrections
and
the
governor.
32
4.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
33
section,
the
court
determines
that
the
inmate
is
insane,
the
34
court
shall
suspend
the
execution
until
further
order.
At
any
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time
after
issuance
of
the
order,
if
the
court
has
sufficient
1
reason
to
believe
that
the
inmate
has
become
sane,
the
court
2
shall
again
determine
the
sanity
of
the
inmate
as
provided
3
by
this
section.
Proceedings
pursuant
to
this
section
may
4
continue
to
be
held
at
such
times
as
the
court
orders
until
5
it
is
either
determined
that
the
inmate
is
sane
or
incurably
6
insane.
7
Sec.
4.
NEW
SECTION
.
814.28
Review
of
death
sentence.
8
1.
In
a
case
in
which
a
sentence
of
death
is
imposed,
the
9
supreme
court
shall
automatically
review
the
judgment
and
10
sentence.
The
court’s
review
of
the
case
shall
be
de
novo.
The
11
case
shall
not
be
transferred
to
the
court
of
appeals.
12
2.
A
review
by
the
supreme
court
of
a
judgment
and
sentence
13
imposing
the
punishment
of
death
has
priority
over
all
other
14
criminal
and
other
actions
pending
before
the
supreme
court.
15
3.
The
supreme
court
shall
review
the
trial
and
judgment,
16
and
shall
separately
review
the
sentencing
proceeding.
Upon
17
determining
that
errors
did
not
occur
at
the
trial
requiring
18
reversal
or
modification
of
the
judgment,
the
supreme
court
19
shall
proceed
to
determine
if
the
sentence
of
death
is
lawfully
20
imposed.
In
its
review
of
the
sentencing
proceeding
the
21
supreme
court
shall
determine
all
of
the
following:
22
a.
Whether
the
sentence
of
death
was
imposed
capriciously
or
23
under
the
influence
of
prejudice
or
other
arbitrary
factor.
24
b.
Whether
the
special
verdicts
returned
under
section
25
901.11
are
supported
by
the
evidence.
26
c.
Whether
the
sentence
of
death
is
excessive
or
27
disproportionate
to
the
penalty
imposed
in
similar
cases,
28
considering
both
the
crime
and
the
defendant.
29
4.
If
the
supreme
court
determines
that
the
sentence
of
30
death
was
not
lawfully
imposed,
the
supreme
court
shall
set
31
aside
the
sentence
and
shall
remand
the
case
to
the
trial
32
court
for
a
second
sentencing
proceeding
to
determine
if
the
33
imposition
of
death
is
warranted.
34
5.
If
the
supreme
court
affirms
the
judgment
and
sentence
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of
death,
the
clerk
of
the
supreme
court
shall
certify
the
1
judgment
of
the
supreme
court
under
the
seal
of
the
supreme
2
court
to
the
clerk
of
the
trial
court.
3
Sec.
5.
Section
815.10,
Code
2015,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
1A.
If
two
attorneys
have
not
already
6
been
appointed
pursuant
to
section
13B.4
or
13B.9,
the
court
7
shall
appoint,
for
each
indigent
person
who
is
charged
with
8
the
multiple
offense
of
murder,
kidnapping,
and
sexual
abuse
9
under
section
902.15,
and
in
which
a
notice
of
intent
to
10
seek
the
death
penalty
has
been
filed,
two
attorneys
who
are
11
qualified
under
section
602.10112
to
represent
the
person
in
12
the
proceedings
and
in
all
state
legal
proceedings
which
take
13
place
from
the
time
the
person
is
indicted
or
arraigned
until
14
the
person
is
sentenced
on
the
charge.
In
addition,
if
at
15
any
point
in
federal
postconviction
proceedings
an
indigent
16
person
is
not
afforded
court-appointed
counsel,
the
state
shall
17
provide
counsel
to
the
person
to
present
any
claims
determined
18
meritorious
by
the
federal
court
if
the
person
is
not
otherwise
19
represented
by
legal
counsel.
Only
private
attorneys
and
20
public
defenders
who
are
qualified
to
provide
representation
in
21
cases
in
which
the
death
penalty
may
be
imposed
are
eligible
22
for
appointment
or
assignment
to
a
case
in
which
the
death
23
penalty
may
be
imposed.
24
Sec.
6.
NEW
SECTION
.
901.11
Murder
proceedings
——
request
25
for
death
penalty
——
penalty
proceedings.
26
1.
If
a
notice
of
intent
to
seek
the
death
penalty
has
27
been
filed,
objections
to
the
imposition
of
the
death
penalty
28
based
upon
allegations
that
a
defendant
was
intellectually
29
disabled
or
mentally
ill
at
the
time
of
the
commission
of
30
the
offense
shall
be
raised
within
the
time
provided
for
the
31
filing
of
pretrial
motions
under
rule
of
criminal
procedure
32
2.11,
Iowa
court
rules.
The
court
may,
for
good
cause
shown,
33
allow
late
filing
of
the
motion.
Hearing
on
the
motion
shall
34
be
held
prior
to
trial
and
the
burden
of
proof
shall
be
on
the
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defendant
to
prove
intellectual
disability
or
mental
illness
1
by
a
preponderance
of
the
evidence.
However,
a
rebuttable
2
presumption
of
intellectual
disability
arises
if
a
defendant
3
has
an
intelligence
quotient
of
seventy
or
below.
If
the
4
court
finds
that
the
defendant
is
intellectually
disabled,
the
5
defendant,
if
convicted
of
the
multiple
offense
of
murder,
6
kidnapping,
and
sexual
abuse
under
section
902.15,
shall
not
be
7
sentenced
to
death
but
shall
be
sentenced
to
life
imprisonment
8
in
the
manner
provided
in
section
902.1,
subsection
1.
A
9
finding
by
the
court
that
the
evidence
presented
by
the
10
defendant
at
the
hearing
does
not
preclude
the
imposition
of
11
the
death
penalty
under
this
section
and
section
902.15
shall
12
not
preclude
the
introduction
of
evidence
of
intellectual
13
disability
or
mental
illness
during
the
penalty
proceeding.
14
If
the
court
finds
that
evidence
of
intellectual
disability
15
or
mental
illness
does
not
preclude
imposition
of
the
death
16
penalty,
evidence
of
intellectual
disability
or
mental
illness
17
may
be
reviewed
by
the
jury
in
the
penalty
proceeding
and
18
the
jury
shall
not
be
informed
of
the
finding
in
the
initial
19
proceeding
at
any
time
during
the
penalty
proceeding.
20
2.
If
at
the
trial
on
a
charge
of
the
multiple
offense
of
21
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
the
22
state
intends
to
request
that
the
death
penalty
be
imposed
23
under
section
902.1,
subsection
3,
the
prosecutor
shall
file
a
24
notice
of
intent
to
seek
the
death
penalty,
at
the
time
of
and
25
as
part
of
the
information
or
indictment
filed
in
the
case.
26
3.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
27
filed,
the
trial
shall
be
conducted
in
bifurcated
proceedings
28
before
the
same
trier
of
fact.
During
the
initial
proceeding,
29
the
jury,
or
the
court
if
the
defendant
waives
the
right
to
a
30
jury
trial,
shall
decide
only
whether
the
defendant
is
guilty
31
or
not
guilty
of
the
multiple
offense
of
murder,
kidnapping,
32
and
sexual
abuse
under
section
902.15.
33
a.
If,
in
the
initial
proceeding,
the
court
or
jury
finds
34
the
defendant
guilty
of,
or
the
defendant
pleads
guilty
to,
an
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239
offense
other
than
the
multiple
offense
of
murder,
kidnapping,
1
and
sexual
abuse
under
section
902.15,
the
court
shall
sentence
2
the
defendant
in
accordance
with
the
sentencing
procedures
set
3
forth
in
rule
of
criminal
procedure
2.23,
Iowa
court
rules,
and
4
chapters
901
through
909,
which
are
applicable
to
the
offense.
5
b.
If
the
court
or
jury
finds
the
defendant
guilty
of,
6
or
the
defendant
pleads
guilty
to,
the
multiple
offense
of
7
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
but
8
the
prosecuting
attorney
waives
the
death
penalty,
the
court
9
shall
sentence
the
defendant
to
life
imprisonment
in
accordance
10
with
the
sentencing
procedures
set
forth
in
rule
of
criminal
11
procedure
2.23,
Iowa
court
rules,
and
chapters
901
through
909,
12
which
are
otherwise
applicable
to
convictions
of
murder
in
the
13
first
degree,
kidnapping,
and
sexual
abuse.
14
c.
If
the
court
or
jury
finds
the
defendant
guilty
of
the
15
multiple
offense
of
murder,
kidnapping,
and
sexual
abuse
under
16
section
902.15,
or
a
defendant
enters
a
plea
of
guilty
in
the
17
initial
proceeding,
and
the
prosecuting
attorney
does
not
waive
18
imposition
of
the
death
penalty,
a
penalty
proceeding
shall
be
19
held
in
the
manner
provided
in
subsections
4
through
12.
20
4.
No
sooner
than
twenty-four
hours
after
a
verdict
of
21
guilty
or
a
plea
of
guilty
to
the
multiple
offense
of
murder,
22
kidnapping,
and
sexual
abuse
under
section
902.15
is
returned
23
in
the
initial
proceeding,
a
penalty
proceeding
shall
be
held
24
to
determine
whether
the
defendant
shall
be
sentenced
to
death
25
or
to
life
imprisonment.
The
proceeding
shall
be
conducted
26
in
the
trial
court
before
the
trial
jury,
or
the
court
if
the
27
defendant
has
waived
the
right
to
a
jury
trial
or
has
waived
28
the
right
for
the
proceeding
to
be
before
the
trial
jury.
Both
29
the
state
and
the
defendant
shall
have
the
right
to
present
30
opening
statements
at
the
commencement
of
the
proceeding.
In
31
the
proceeding,
evidence
relevant
to
the
existence
of
any
32
aggravating
or
mitigating
circumstances
may
be
presented
as
33
follows:
34
a.
The
state
or
the
defendant
may
present
evidence
relevant
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to
the
conviction
of
the
multiple
offense
enumerated
in
section
1
902.15
and
any
aggravating
circumstances
other
than
juvenile
2
delinquency
adjudications
for
offenses
which
carry
penalties
3
equivalent
to
the
penalties
imposed
for
simple
or
serious
4
misdemeanors.
The
state
may
introduce
evidence
of
the
actual
5
harm
caused
by
the
commission
of
the
multiple
offense
of
6
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
7
including
but
not
limited
to
evidence
relating
to
the
life
of
8
the
victim
and
the
impact
of
the
loss
of
the
victim
to
the
9
victim’s
family
and
society.
10
b.
The
defendant
may
present
evidence
that
the
defendant
11
was
intellectually
disabled
at
the
time
of
the
commission
of
12
the
offense.
The
burden
of
proof
shall
be
on
the
defendant
13
to
prove
intellectual
disability
by
a
preponderance
of
the
14
evidence.
However,
a
rebuttable
presumption
of
intellectual
15
disability
arises
if
a
defendant
has
an
intelligence
quotient
16
of
seventy
or
below.
17
c.
The
state
or
the
defendant
may
present
evidence
relevant
18
to
any
mitigating
circumstances
which
may
exist.
Mitigating
19
circumstances
may
include
the
following
circumstances:
20
(1)
The
defendant
was
under
the
influence
of
an
extreme
21
mental
or
emotional
disturbance
insufficient
to
constitute
a
22
defense.
23
(2)
The
age
of
the
defendant
at
the
time
of
the
offense.
24
(3)
The
defendant’s
capacity
to
appreciate
the
wrongfulness
25
of
the
defendant’s
conduct
and
to
conform
that
conduct
to
the
26
requirements
of
law
was
significantly
impaired
as
a
result
of
a
27
mental
disease
or
defect
or
intellectual
disability,
but
not
to
28
a
degree
sufficient
to
constitute
a
defense.
29
(4)
The
defendant
has
no
significant
history
of
prior
adult
30
criminal
activity.
31
(5)
The
defendant
acted
under
extreme
duress
or
under
the
32
substantial
domination
of
another
person.
33
(6)
The
defendant
did
not
directly
commit
the
multiple
34
offense
of
murder,
kidnapping,
and
sexual
abuse
and
the
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defendant
did
not
intend
to
kill
or
anticipate
that
lethal
1
force
would
be
used.
2
(7)
Any
other
factor
which
is
relevant
to
the
defendant’s
3
character
or
record
or
to
the
circumstances
of
the
offense.
4
d.
The
state
and
the
defendant
or
the
defendant’s
counsel
5
shall
be
permitted
to
present
and
cross-examine
witnesses
and
6
present
arguments
for
or
against
a
sentence
of
death.
Evidence
7
regarding
aggravating
and
mitigating
circumstances
shall
not
8
be
governed
by
the
rules
governing
admissibility
of
evidence,
9
except
that
introduction
of
evidence
secured
in
violation
of
10
the
Constitution
of
the
United
States
or
of
the
Constitution
of
11
the
State
of
Iowa
shall
not
be
permitted.
12
5.
At
the
conclusion
of
presentation
of
evidence
in
13
the
penalty
proceeding,
the
state
and
the
defendant
or
the
14
defendant’s
counsel
shall
be
permitted
to
make
closing
15
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
16
as
in
the
initial
proceeding
and
the
following
issues
shall
be
17
determined
by
the
jury
or
the
court
if
there
is
no
jury:
18
a.
Whether
the
aggravating
circumstance
or
circumstances
19
have
been
established
beyond
a
reasonable
doubt
and
outweigh
20
any
one
or
more
mitigating
circumstances.
21
b.
Whether
the
defendant
shall
be
sentenced
to
death.
22
6.
A
recommendation
for
a
sentence
of
death
shall
not
be
23
permitted
if
the
recommendation
is
based
on
the
race,
color,
24
religious
beliefs,
national
origin,
or
sex
of
the
defendant
25
or
of
any
victim,
or
based
on
any
other
protected
class
under
26
chapter
216.
After
submission
of
the
issues,
but
prior
to
the
27
return
of
a
finding
in
the
penalty
proceeding,
if
the
matter
is
28
tried
before
a
jury,
the
court
shall
instruct
the
jury
that
in
29
considering
whether
a
sentence
of
death
is
justified,
it
shall
30
not
consider
race,
color,
religious
beliefs,
national
origin,
31
or
sex
of
the
defendant
or
of
any
victim,
or
consider
any
other
32
protected
class
under
chapter
216.
The
court
shall
further
33
instruct
the
jury
that
it
shall
not
return
a
sentence
of
death
34
unless
it
concludes
that
such
a
sentence
would
be
recommended
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no
matter
what
the
race,
color,
religious
beliefs,
national
1
origin,
sex,
or
other
protected
class
of
the
defendant
or
of
2
any
victim
may
be.
3
7.
After
submission
of
the
issues,
but
prior
to
the
4
commencement
of
the
jury
deliberations
in
the
penalty
5
proceeding,
the
court
shall
instruct
the
jury
that
if
the
6
defendant
is
not
sentenced
to
death,
the
court
is
required
by
7
law
to
impose
a
sentence
of
imprisonment
until
death
without
8
parole.
The
court
shall
further
instruct
the
jury
that
9
the
sentence
of
imprisonment
until
death
without
parole
is
10
required
by
law
if
the
jury
fails
to
reach
a
unanimous
verdict
11
recommending
a
sentence
of
death.
12
8.
Concurrently
with
the
return
of
the
findings
on
the
13
issues
submitted
under
subsection
5,
the
jury,
or
the
court
if
14
there
is
no
jury,
shall
return
special
verdicts
as
follows:
15
a.
Which
aggravating
circumstances
were
established
beyond
a
16
reasonable
doubt
and
were
considered
in
reaching
the
verdict.
17
b.
Which
mitigating
circumstances
were
established
and
18
were
considered
in
reaching
the
verdict
returned
on
the
issue
19
specified
in
subsection
5,
paragraph
“a”
.
20
9.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
a
21
unanimous
affirmative
finding
on
each
of
the
issues
submitted
22
under
subsection
5,
paragraphs
“a”
and
“b”
,
the
court
shall
23
enter
a
judgment
of
conviction
and
shall
sentence
the
defendant
24
to
death
as
provided
in
section
902.1,
subsection
3.
25
10.
However,
if
evidence
that
the
defendant
was
not
a
26
major
participant
in
the
commission
of
the
multiple
offense
27
of
murder,
kidnapping,
and
sexual
abuse
under
section
902.15,
28
and
that
the
defendant’s
conduct
did
not
manifest
a
reckless
29
indifference
to
human
life
is
presented
to
the
jury,
or
the
30
court
if
there
is
no
jury,
the
jury
or
the
court
shall
also
31
return
a
special
verdict
on
the
issue.
If
the
jury
unanimously
32
determines,
or
the
court
if
there
is
no
jury,
finds
that
a
33
preponderance
of
evidence
exists
that
shows
that
the
defendant
34
was
not
a
major
participant
in
the
commission
of
the
multiple
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offense
of
murder,
kidnapping,
and
sexual
abuse
under
section
1
902.15,
and
that
the
defendant’s
conduct
did
not
manifest
a
2
reckless
indifference
to
human
life,
the
court
shall
enter
a
3
judgment
of
conviction
and
shall
sentence
the
defendant
to
life
4
imprisonment
as
provided
in
section
902.1,
subsection
1,
even
5
if
the
jury
or
the
court
returns
unanimous
affirmative
findings
6
on
each
of
the
issues
submitted
under
subsection
5.
7
11.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
8
a
negative
finding
on
any
of
the
issues
submitted
under
9
subsection
5,
paragraphs
“a”
or
“b”
,
the
court
shall
enter
a
10
judgment
of
conviction
and
shall
sentence
the
defendant
to
life
11
imprisonment
as
provided
in
section
902.1,
subsection
1.
12
12.
After
a
verdict
has
been
rendered
it
shall
be
recorded
13
on
the
jury
verdict
form
and
shall
be
read
and
recorded
in
open
14
court.
The
jurors
shall
be
collectively
asked
by
the
court
15
whether
the
verdict
returned
is
their
true
and
correct
verdict.
16
Even
though
no
juror
makes
any
declaration
to
the
contrary,
the
17
jury
shall,
if
either
party
so
requests,
be
polled
and
each
18
juror
shall
be
separately
asked
whether
the
verdict
rendered
by
19
the
jury
foreperson
is
the
juror’s
true
and
correct
verdict.
20
If,
upon
either
the
collective
or
the
separate
inquiry,
any
21
juror
denies
that
the
verdict
is
the
juror’s
verdict,
the
court
22
shall
refuse
to
accept
the
verdict.
The
court
may
direct
23
inquiry
or
permit
inquiry
by
counsel
to
ascertain
whether
any
24
juror
has
been
subjected
to
coercion
or
has
become
confused
25
during
the
jury
deliberation
process.
The
court
may,
as
26
appropriate,
direct
the
jury
to
resume
deliberation
in
the
27
case.
If
no
disagreement
on
the
verdict
is
expressed
by
any
of
28
the
jurors,
the
court
shall
discharge
the
jury.
29
Sec.
7.
Section
902.1,
subsection
1,
Code
2015,
is
amended
30
to
read
as
follows:
31
1.
Upon
Except
as
otherwise
provided
in
subsection
2
or
32
3,
upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
33
verdict
upon
which
a
judgment
of
conviction
of
a
class
“A”
34
felony
may
be
rendered,
the
court
shall
enter
a
judgment
of
35
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conviction
and
shall
commit
the
defendant
into
the
custody
of
1
the
director
of
the
Iowa
department
of
corrections
for
the
2
rest
of
the
defendant’s
life.
Nothing
in
the
Iowa
corrections
3
code
pertaining
to
deferred
judgment,
deferred
sentence,
4
suspended
sentence,
or
reconsideration
of
sentence
applies
5
to
a
sentence
of
life
imprisonment
for
a
class
“A”
felony,
6
and
a
person
convicted
of
a
class
“A”
felony
and
sentenced
to
7
life
imprisonment
shall
not
be
released
on
parole
unless
the
8
governor
commutes
the
sentence
to
a
term
of
years.
9
Sec.
8.
Section
902.1,
Code
2015,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3.
Notwithstanding
subsection
1,
upon
12
return
of
a
plea
or
verdict
of
guilty
to
the
multiple
offense
13
of
murder
in
the
first
degree,
kidnapping,
and
sexual
abuse
14
under
section
902.15,
and
a
return
of
a
verdict
in
favor
of
15
a
sentence
of
death
in
a
penalty
proceeding
conducted
as
16
provided
in
section
901.11,
the
court
shall
enter
a
judgment
17
of
conviction
and
shall
commit
the
defendant
into
the
custody
18
of
the
director
of
the
Iowa
department
of
corrections.
The
19
sentence
shall
be
carried
out
by
the
administration
of
a
20
lethal
injection
pursuant
to
rules
adopted
by
the
board
of
21
corrections.
If
a
defendant,
for
whom
a
warrant
of
execution
22
is
issued,
is
pregnant,
the
execution
shall
not
take
place
23
until
after
the
defendant
is
no
longer
pregnant.
If
a
24
defendant,
for
whom
a
warrant
of
execution
is
issued,
is
25
suffering
from
such
a
diseased
or
deranged
condition
of
the
26
mind
as
to
prevent
the
defendant
from
knowing
the
nature
27
and
quality
of
the
act
the
defendant
has
been
convicted
28
of,
or
from
understanding
that
trial
on
the
offense
has
29
taken
place
and
that
execution
proceedings
are
about
to
take
30
place,
or
otherwise
causes
the
defendant
to
lack
the
capacity
31
to
understand
the
sentence
which
has
been
imposed
and
to
32
participate
in
any
legal
proceedings
relating
to
the
sentence,
33
the
execution
shall
not
take
place
until
after
the
defendant’s
34
capacity
is
restored.
If
the
director
of
the
department
of
35
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corrections
or
the
defendant’s
counsel
files
a
request
with
the
1
court
which
issued
the
warrant
of
execution,
alleging
that
the
2
defendant
suffers
from
such
a
diseased
or
deranged
condition,
3
a
hearing
on
the
matter
shall
be
held
in
the
manner
provided
4
in
section
812A.1.
For
the
purposes
of
this
section,
“lethal
5
injection”
means
a
continuous
intravenous
injection
of
a
lethal
6
substance
sufficient
to
cause
death.
7
Sec.
9.
NEW
SECTION
.
902.15
Commission
of
the
multiple
8
offense
of
first
degree
murder,
kidnapping,
and
sexual
abuse.
9
A
person
who
commits
the
multiple
offense
of
murder
in
the
10
first
degree,
kidnapping,
and
sexual
abuse
with
respect
to
the
11
same
victim,
who
is
not
intellectually
disabled
or
mentally
12
ill,
and
who
is
age
eighteen
or
older
at
the
time
the
offense
13
is
committed,
shall
be
eligible
for
a
sentence
of
death
under
14
section
902.1,
subsection
3,
if
the
victim
was
a
minor.
15
For
purposes
of
this
section,
“intellectually
disabled”
16
means
significant
subaverage
general
intellectual
functioning
17
accompanied
by
significant
deficits
or
impairments
in
adaptive
18
functioning
manifested
in
the
developmental
period,
but
no
19
later
than
the
age
of
eighteen
years,
and
accompanied
by
20
deficits
in
adaptive
behavior.
21
For
purposes
of
this
section,
“mentally
ill”
means
the
22
condition
of
a
person
who
is
suffering
from
a
chronic
and
23
persistent
serious
mental
disease
or
disorder
and
who,
by
24
reason
of
that
condition,
lacks
sufficient
judgment
to
make
25
responsible
decisions
regarding
treatment
and
is
reasonably
26
likely
to
injure
the
person’s
self
or
others
who
may
come
into
27
contact
with
the
person
if
the
person
is
allowed
to
remain
at
28
liberty
without
treatment.
29
Sec.
10.
NEW
SECTION
.
902.16
Data
collection
for
death
30
penalty.
31
1.
The
supreme
court
shall
collect
data
on
all
multiple
32
offenses
of
murder,
kidnapping,
and
sexual
abuse
charges
in
33
which
the
death
penalty
is
or
was
not
waived,
which
are
filed
34
and
processed
in
the
courts
in
this
state.
This
data
may
be
35
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used
by
the
supreme
court
to
determine
whether
death
sentences
1
imposed
are
excessive
or
disproportionate,
or
under
the
2
influence
of
prejudice
under
section
814.28.
The
court
shall
3
make
this
data
available
to
litigants
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
2015,
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
the
multiple
24
offense
of
murder,
kidnapping,
and
sexual
abuse
under
section
25
902.15.
Rules
adopted
shall
include
but
are
not
limited
to
26
rules
permitting
the
witnessing
of
executions
by
members
of
27
the
public
and
the
victim’s
family.
Invitations
to
witness
28
an
execution
shall
at
least
be
extended
to
the
following
29
representatives
of
the
news
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
multiple
offense
16
shall
be
raised
within
the
time
provided
for
the
filing
of
17
pretrial
motions
under
R.Cr.P.
2.11,
Iowa
court
rules.
The
18
court
may,
for
good
cause
shown,
allow
late
filing
of
the
19
motion.
Hearing
on
the
motion
shall
be
held
prior
to
trial
20
and
the
burden
of
proof
shall
be
on
the
defendant
to
prove
21
intellectual
disability
by
a
preponderance
of
the
evidence.
22
However,
a
rebuttable
presumption
of
intellectual
disability
23
arises
if
a
defendant
has
an
intelligence
quotient
of
seventy
24
or
below.
A
finding
of
the
court
that
the
evidence
presented
25
by
the
defendant
at
the
hearing
does
not
preclude
the
26
imposition
of
the
death
penalty
under
this
rule
and
Iowa
Code
27
section
902.15
shall
not
preclude
the
introduction
of
evidence
28
of
intellectual
disability
during
the
penalty
proceeding.
If
29
the
court
finds
that
the
evidence
presented
by
the
defendant
30
does
not
preclude
the
imposition
of
the
death
penalty,
evidence
31
of
intellectual
disability
may
be
reviewed
by
the
jury
during
32
the
penalty
proceeding
and
the
jury
shall
not
be
informed
of
33
the
finding
in
the
initial
proceeding
at
any
time
during
the
34
penalty
proceeding.
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2.___(2)
Upon
a
finding
or
plea
that
a
defendant
is
guilty
1
of
the
multiple
offense
of
murder,
kidnapping,
and
sexual
abuse
2
under
Iowa
Code
section
902.15,
in
an
initial
proceeding,
if
3
a
notice
of
intent
to
seek
the
death
penalty
has
been
filed
4
and
has
not
been
waived,
the
court
shall
conduct
a
separate
5
penalty
proceeding
to
determine
whether
the
defendant
shall
6
be
sentenced
to
death
or
to
life
imprisonment.
The
penalty
7
proceeding
shall
be
conducted
in
the
trial
court
before
the
8
trial
jury,
or
the
court
if
there
is
no
jury,
no
sooner
than
9
twenty-four
hours
after
the
return
of
the
verdict
or
plea
in
10
the
initial
proceeding.
In
the
penalty
proceeding,
additional
11
evidence
may
be
presented
as
to
the
conviction
for
the
multiple
12
offense
of
murder,
kidnapping,
and
sexual
abuse
under
section
13
902.15,
or
any
aggravating
or
mitigating
circumstance
which
14
may
exist.
Presentation
of
evidence
which
is
relevant
to
15
the
existence
of
an
aggravating
or
mitigating
circumstance
16
shall
not
be
bound
by
the
rules
of
evidence.
This
subrule
17
does
not
authorize
the
introduction
of
any
evidence
secured
in
18
violation
of
the
Constitution
of
the
United
States
or
of
the
19
Constitution
of
the
State
of
Iowa.
The
state
and
the
defendant
20
or
the
defendant’s
counsel
shall
be
permitted
to
cross-examine
21
witnesses
and
to
present
arguments
for
or
against
a
sentence
of
22
death.
23
2.___(3)
On
conclusion
of
the
presentation
of
the
evidence
24
in
the
penalty
proceeding,
the
state
and
the
defendant
or
25
the
defendant’s
counsel
shall
be
permitted
to
make
closing
26
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
27
as
in
the
initial
proceeding
and
the
court
shall
submit
each
of
28
the
following
issues
to
the
jury:
29
a.
Whether
one
or
more
aggravating
circumstances
outweigh
30
any
one
or
more
mitigating
circumstances.
31
b.
Whether
the
defendant
shall
be
sentenced
to
death.
32
If
the
case
is
not
tried
to
a
jury,
the
court
shall
determine
33
the
issues.
34
2.___(4)
The
state
must
prove
the
issue
in
rule
2.___(3)(a)
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beyond
a
reasonable
doubt,
and
the
jury,
or
the
court
if
there
1
is
no
jury,
shall
return
a
special
verdict
of
“yes”
or
“no”
on
2
each
issue.
3
2.___(5)
If
the
case
is
tried
to
a
jury,
the
court
shall
4
charge
the
jury
that:
5
a.
It
shall
answer
any
issue
“yes”
if
it
agrees
unanimously.
6
b.
It
shall
answer
any
issue
“no”
if
the
jurors
unanimously
7
agree
that
the
answer
is
“no”
or
if
the
jurors
do
not
8
unanimously
agree
that
the
answer
is
“yes”.
9
2.___(6)
Concurrently
with
the
return
of
the
special
10
verdicts
under
rule
2.___(3),
the
jury,
or
the
court
if
there
11
is
no
jury,
shall
also
return
special
verdicts
as
follows:
12
a.
Which
aggravating
circumstances
were
established
beyond
13
a
reasonable
doubt
and
were
considered
in
reaching
the
verdict
14
returned
on
the
issue
specified
in
rule
2.___(3)(a).
15
b.
Which
mitigating
circumstances
were
established
and
16
were
considered
in
reaching
the
verdict
returned
on
the
issue
17
specified
in
rule
2.___(3)(a).
18
2.___(7)
If
the
jury,
or
the
court
if
there
is
no
jury,
19
returns
an
affirmative
finding
on
all
applicable
issues,
the
20
court
shall
sentence
the
defendant
to
death.
If
the
jury
or
21
the
court
returns
a
negative
finding
on
any
applicable
issue,
22
the
court
shall
sentence
the
defendant
to
the
custody
of
the
23
director
of
the
department
of
corrections
for
confinement
for
24
the
rest
of
the
defendant’s
life.
25
2.___(8)
After
a
verdict
has
been
rendered
it
shall
be
26
recorded
on
the
jury
verdict
form
and
shall
be
read
and
27
recorded
in
open
court.
The
jurors
shall
be
collectively
asked
28
by
the
court
whether
the
verdict
returned
is
their
true
and
29
correct
verdict.
Even
though
no
juror
makes
any
declaration
30
to
the
contrary,
the
jury
shall,
if
either
party
so
requests,
31
be
polled
and
each
juror
shall
be
separately
asked
whether
the
32
verdict
rendered
by
the
jury
foreperson
is
the
juror’s
true
33
and
correct
verdict.
If,
upon
either
the
collective
or
the
34
separate
inquiry,
any
juror
denies
that
the
verdict
is
the
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juror’s
verdict,
the
court
shall
refuse
to
accept
the
verdict.
1
The
court
may
direct
inquiry
or
permit
inquiry
by
counsel
to
2
ascertain
whether
any
juror
has
been
subjected
to
coercion
3
or
has
become
confused
during
the
jury
deliberation
process.
4
The
court
may,
as
appropriate,
direct
the
jury
to
resume
5
deliberation
in
the
case.
If
no
disagreement
on
the
verdict
6
is
expressed
by
any
of
the
jurors,
the
court
shall
discharge
7
the
jury.
8
2.___(9)
Provisions
relating
to
deferred
judgment,
deferred
9
sentence,
suspended
sentence,
reconsideration
of
sentence,
10
probation,
parole,
or
work
release
contained
in
Iowa
Code
11
chapters
901
through
909
do
not
apply
to
a
conviction
of
the
12
multiple
offense
of
murder,
kidnapping,
and
sexual
abuse
under
13
Iowa
Code
section
902.15
if
the
defendant
is
sentenced
to
14
death.
15
Sec.
15.
2.___
AUTOMATIC
REVIEW
—
STAY
OF
EXECUTION
OF
16
JUDGMENT.
17
2.___(1)
A
judgment
of
conviction
and
sentence
of
death
18
shall
be
reviewed
automatically
in
the
manner
provided
in
Iowa
19
Code
section
814.28,
and
the
Iowa
supreme
court
has
exclusive
20
jurisdiction
of
the
review.
21
2.___(2)
Upon
entry
of
judgment
and
sentence
of
death,
the
22
trial
court
shall
prepare
a
complete
record
and
transcript
of
23
the
action
in
the
manner
provided
in
the
rules
of
criminal
24
procedure
and
shall
docket
the
record
and
transcript
with
the
25
clerk
of
the
supreme
court.
26
2.___(3)
The
execution
of
judgment
of
the
trial
court
is
27
stayed
as
a
matter
of
law
from
the
time
of
its
entry
until
28
the
judgment
of
the
supreme
court
is
certified
to
and
entered
29
by
the
trial
court.
Upon
entry
of
a
judgment
of
the
supreme
30
court
which
affirms
the
conviction
and
sentence,
the
stay
of
31
execution
of
judgment
terminates
as
a
matter
of
law.
32
2.___(4)
All
court
costs
required
due
to
the
automatic
33
preparation
of
the
record
and
transcript,
docketing
with
the
34
supreme
court,
and
stay
of
execution
of
judgment
shall
be
35
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assessed
to
the
state.
1
Sec.
16.
2.___
ISSUANCE
OF
WARRANT.
2
2.___(1)
Upon
entry
by
the
trial
court
of
the
judgment
of
3
the
supreme
court
affirming
a
judgment
and
sentence
of
death,
4
a
district
judge
shall
within
five
days
of
the
entry
issue
5
a
warrant
under
the
seal
of
the
court
for
the
execution
of
6
the
sentence
of
death.
The
warrant
shall
specifically
set
7
forth
the
offense
and
the
fact
of
conviction,
shall
state
8
the
judgment
and
sentence
of
the
court,
shall
state
that
the
9
judgment
and
sentence
were
affirmed
by
the
supreme
court
and
10
the
date
of
entry
of
judgment
of
the
supreme
court
in
the
11
trial
court,
and
shall,
subject
to
the
requirements
of
Iowa
12
Code
section
902.1,
subsection
3,
specify
a
range
of
five
days
13
for
execution
of
the
defendant
which
shall
be
not
less
than
14
fifty
nor
more
than
sixty
days
after
the
date
of
entry
in
the
15
trial
court
of
the
judgment
of
the
supreme
court
affirming
the
16
judgment
and
sentence
of
death.
The
warrant
shall
be
directed
17
to
the
director
of
the
department
of
corrections
commanding
18
the
director
to
cause
the
warrant
to
be
executed
within
the
19
dates
specified.
The
trial
court
shall
deliver
the
warrant
20
to
the
sheriff
of
the
county
in
which
judgment
of
conviction
21
was
entered
and
the
sheriff
shall
deliver
the
warrant
to
the
22
director
of
the
department
of
corrections.
The
director
of
23
the
department
of
corrections
shall
acknowledge
receipt
of
the
24
warrant
and
the
defendant,
and
the
sheriff
shall
return
the
25
acknowledgment
to
the
office
of
the
clerk
of
the
trial
court
26
from
which
the
warrant
was
issued.
27
2.___(2)
Immediately
after
issuance
of
a
warrant
ordering
28
a
sentence
of
death,
the
clerk
of
the
trial
court
issuing
the
29
warrant
shall
transmit
by
certified
mail
to
the
governor
a
copy
30
of
the
indictment,
the
plea,
the
verdict
and
special
findings,
31
the
affirmation
of
judgment
and
sentence
by
the
supreme
court,
32
and
the
complete
transcript
of
the
trial
court.
33
2.___(3)
Notwithstanding
rule
2.___(1),
if
a
defendant,
34
for
whom
a
warrant
of
execution
is
issued,
is
pregnant,
the
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execution
shall
not
take
place
until
after
the
defendant
1
is
no
longer
pregnant.
Notwithstanding
rule
2.___(1),
if
2
a
defendant,
for
whom
a
warrant
of
execution
is
issued,
is
3
suffering
from
such
a
diseased
or
deranged
condition
of
the
4
mind
as
to
prevent
the
defendant
from
knowing
the
nature
5
and
quality
of
the
act
the
defendant
has
been
convicted
of,
6
or
from
understanding
that
trial
on
the
offense
has
taken
7
place
and
that
execution
proceedings
are
about
to
take
place,
8
or
to
otherwise
cause
the
defendant
to
lack
the
capacity
9
to
understand
the
sentence
which
has
been
imposed
and
to
10
participate
in
any
legal
proceedings
relating
to
the
sentence,
11
the
execution
shall
not
take
place
until
after
the
defendant
is
12
no
longer
suffering
from
the
condition.
13
Sec.
17.
2.___
EVIDENCE
AT
PENALTY
PROCEEDING
WHERE
DEATH
14
SENTENCE
REQUESTED.
15
2.___(1)
At
a
reasonable
time
before
the
commencement
of
16
initial
proceedings
in
a
murder,
kidnapping,
and
sexual
abuse
17
trial
in
which
a
sentence
of
death
has
been
requested,
each
18
party
shall
file
and
serve
upon
the
other
party
the
following:
19
a.
A
list
of
all
aggravating
or
mitigating
circumstances
20
which
the
party
intends
to
prove
during
the
sentencing
21
proceedings.
22
b.
The
names
of
all
persons
whom
the
party
intends
to
call
23
as
witnesses
during
the
sentencing
proceedings.
24
c.
Notwithstanding
rule
2.14,
copies,
or
for
inspection
25
purposes,
the
location,
of
all
documents,
including
books,
26
papers,
writings,
drawings,
graphs,
charts,
photographs,
27
telephone
records,
and
other
data
compilations
from
which
28
information
can
be
obtained,
or
other
objects
which
the
29
party
intends
to
offer
into
evidence
during
the
sentencing
30
proceedings.
If
copies
are
not
supplied
to
opposing
counsel,
31
the
party
shall
make
the
items
available
for
inspection
and
32
copying
without
order
of
the
court.
33
2.___(2)
In
proceedings
to
determine
whether
the
sentence
34
shall
be
death
or
life
imprisonment,
evidence
may
be
presented
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as
to
any
matter
which
the
trial
court
deems
relevant
to
1
the
sentence,
including
but
not
limited
to
the
nature,
2
circumstances,
and
manner
of
completion
of
the
murder,
3
kidnapping,
and
sexual
abuse,
and
the
defendant’s
character,
4
background,
history,
and
mental
and
physical
condition.
The
5
trial
court
shall
admit
any
relevant
admissible
evidence
6
respecting
any
aggravating
or
mitigating
circumstances,
if
the
7
party
has
included
the
circumstance
on
a
list
provided
pursuant
8
to
this
rule,
or
good
cause
is
shown
for
the
failure
to
do
so.
9
Sec.
18.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
10
3,
shall
not
apply
to
this
Act.
11
Sec.
19.
SEVERABILITY.
If
any
provision
of
this
Act
or
the
12
application
thereof
to
any
person
is
invalid,
the
invalidity
13
shall
not
affect
the
provisions
or
application
of
this
Act
14
which
can
be
given
effect
without
the
invalid
provisions
or
15
application
and
to
this
end,
the
provisions
of
this
Act
are
16
severable.
17
Sec.
20.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
18
2016.
19
Sec.
21.
APPLICABILITY.
This
Act
applies
to
offenses
20
committed
on
or
after
the
effective
date
of
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
further
provides
that
in
order
to
receive
a
25
sentence
of
death,
the
defendant
must
be
at
least
18
years
of
26
age
at
the
time
the
offense
is
committed,
must
not
be
mentally
27
ill
or
intellectually
disabled,
and
must
have
been
a
major
28
participant
in
the
commission
of
the
crime
or
must
have
shown
a
29
manifest
indifference
to
human
life.
30
The
bill
amends
the
Iowa
criminal
code
to
provide
for
31
punishment
by
death
for
the
multiple
offense
of
murder
in
the
32
first
degree,
kidnapping,
and
sexual
abuse
committed
by
a
33
person
age
18
or
older
with
respect
to
the
same
victim
who
is
a
34
minor
if
the
trial
jury,
or
the
judge
if
there
is
no
jury,
makes
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specific
findings
and
whether
the
jury
believes
the
defendant
1
should
be
put
to
death
in
a
separate
penalty
proceeding
held
2
after
the
close
of
the
initial
trial
proceeding.
Under
the
3
bill,
a
death
sentence
could
be
imposed
if
the
murder
would
4
constitute
murder
in
the
first
degree
and
the
state
pleads
and
5
proves
the
defendant
also
kidnapped
and
committed
sexual
abuse
6
against
the
murder
victim
who
was
a
minor.
7
If
a
person
is
indigent
and
is
charged
with
capital
murder,
8
payment
of
costs
for
two
attorneys
is
authorized.
The
supreme
9
court
is
required
to
establish
standards
for
the
competency
of
10
counsel
in
death
penalty
cases.
The
state
public
defender
is
11
charged
with
establishing
teams
of
qualified
lead
and
cocounsel
12
for
death
penalty
cases,
as
well
as
conducting
or
sponsoring
13
specialized
training
programs
for
attorneys
representing
14
persons
who
may
be
executed.
15
If
such
a
case
proceeds
to
trial
and
a
notice
of
intent
to
16
seek
the
death
penalty
has
been
filed,
in
addition
to
any
other
17
defenses
which
may
be
presented
to
the
charge,
the
defendant
18
may
raise
the
issue
of
intellectual
disability
during
the
time
19
of
filing
pretrial
motions,
and
the
defendant
is
entitled
to
20
a
rebuttable
presumption
of
intellectual
disability
if
the
21
defendant
establishes
that
the
defendant
has
an
intelligence
22
quotient
of
70
or
below.
23
Once
the
evidence
is
submitted
to
the
jury,
the
court
24
will
instruct
the
jury,
at
the
defendant’s
request,
that
in
25
considering
whether
a
sentence
of
death
is
justified,
the
26
race,
color,
religious
beliefs,
national
origin,
sex,
or
other
27
protected
classes
under
Code
chapter
216
of
the
defendant
or
28
of
any
victim
is
not
to
be
considered.
The
supreme
court
29
shall
collect
evidence
relating
to
whether
the
death
sentences
30
imposed
are
excessive,
disproportionate,
or
imposed
under
the
31
influence
of
prejudice
at
trial
which
will
be
available
to
32
litigants.
33
The
sentence
of
death
is
imposed
only
when
the
trier
of
fact
34
(the
jury
or
the
court
if
the
defendant
has
waived
the
right
to
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a
jury
trial)
unanimously
answers
two
questions
affirmatively:
1
(1)
whether
aggravating
circumstances
established
beyond
a
2
reasonable
doubt
outweigh
any
mitigating
circumstances
that
3
may
exist;
and
(2)
whether
the
defendant
should
be
sentenced
4
to
death.
Mitigating
factors
the
trier
of
fact
may
consider
5
include
the
following:
the
defendant
was
under
the
influence
6
of
an
extreme
mental
or
emotional
disturbance;
the
age
of
7
the
defendant;
the
defendant’s
ability
to
appreciate
the
8
wrongfulness
of
the
conduct
due
to
mental
disease
but
not
9
to
a
degree
to
constitute
a
defense;
the
defendant
has
no
10
significant
prior
criminal
history;
the
defendant
was
under
11
extreme
duress;
the
defendant
did
not
directly
commit
the
12
murder,
kidnapping,
and
sexual
abuse;
and
the
defendant’s
13
character
or
record
or
the
circumstances
of
the
offense.
The
14
sentencing
proceeding
is
conducted
separately
from
the
finding
15
of
guilt
or
innocence
by
the
same
trier
of
fact.
16
For
the
sentencing
proceeding,
the
trier
of
fact
(the
jury
17
or
the
court
if
the
defendant
has
waived
the
right
to
have
18
the
jury
hear
the
proceedings)
is
to
weigh
any
aggravating
19
circumstances
established
beyond
a
reasonable
doubt
by
the
20
state
against
any
of
the
enumerated
mitigating
circumstances
21
which
may
be
presented
by
the
defendant.
Evidence
of
certain
22
juvenile
delinquency
adjudications
is
not
admissible
in
any
23
proceeding
to
determine
the
sentence.
If
the
jury
fails
to
24
agree
unanimously
on
the
required
affirmative
findings,
the
25
penalty
imposed
would
be
life
imprisonment.
26
The
death
penalty
sentence
would
be
reviewed
automatically
27
by
the
supreme
court.
The
supreme
court
shall
review
the
trial
28
and
judgment
separately
from
the
sentencing
proceeding.
If
the
29
supreme
court
finds
error
in
the
sentencing
proceeding,
the
30
supreme
court
may
remand
the
case
back
to
district
court
for
a
31
new
sentencing
hearing.
The
bill
requires
the
supreme
court
to
32
examine
whether
the
sentence
is
excessive
or
disproportionate
33
to
penalties
in
similar
cases.
If
affirmed
by
the
supreme
34
court,
the
penalty
would
be
accomplished
by
lethal
injection.
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The
bill
requires
the
board
of
corrections
to
adopt
rules
1
pertaining
to
executions,
including
rules
pertaining
to
the
2
witnessing
of
executions.
3
A
person
who
is
sentenced
to
death,
but
who
is
pregnant
when
4
the
warrant
of
execution
is
issued,
is
not
to
be
executed
until
5
the
person
is
no
longer
pregnant.
A
procedure
is
also
provided
6
to
stay
execution
of
a
condemned
inmate
who
becomes
insane
7
after
conviction
but
before
execution.
8
An
employee
of
the
state
shall
not
be
required
to
perform
or
9
assist
in
any
execution
and
shall
not
be
discriminated
against
10
for
refusing
to
participate.
11
The
bill
may
include
a
state
mandate
as
defined
in
Code
12
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
13
subsection
3,
which
would
relieve
a
political
subdivision
from
14
complying
with
a
state
mandate
if
funding
for
the
cost
of
15
the
state
mandate
is
not
provided
or
specified.
Therefore,
16
political
subdivisions
are
required
to
comply
with
any
state
17
mandate
included
in
the
bill.
18
The
bill
contains
severability
provisions
and
takes
effect
19
January
1,
2016,
and
applies
only
to
applicable
offenses
20
committed
on
or
after
that
date.
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