Senate File 335 - Introduced SENATE FILE 335 BY BEHN , ZAUN , CHAPMAN , GARRETT , CHELGREN , and GUTH 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 3 penalties, and including effective date and applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1303XS (4) 87 jm/rj

S.F. 335 Section 1. Section 13B.4, Code 2017, 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 24 902.1B, 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 -1- LSB 1303XS (4) 87 jm/rj 1/ 21

S.F. 335 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 35 -2- LSB 1303XS (4) 87 jm/rj 2/ 21

S.F. 335 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 901D.1 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 35 -3- LSB 1303XS (4) 87 jm/rj 3/ 21

S.F. 335 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 2017, 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 . 901D.1 Murder proceedings —— request 25 for death penalty —— penalty proceedings. 26 1. As used in this section: 27 a. “Intellectually disabled” means the same as defined in 28 section 902.15. 29 b. “Mentally ill” or “mental illness” means the same as 30 defined in section 902.15. 31 2. If a notice of intent to seek the death penalty has 32 been filed, objections to the imposition of the death penalty 33 based upon allegations that a defendant was intellectually 34 disabled or mentally ill at the time of the commission of 35 -4- LSB 1303XS (4) 87 jm/rj 4/ 21

S.F. 335 the offense shall be raised within the time provided for the 1 filing of pretrial motions under rule of criminal procedure 2 2.11, Iowa court rules. The court may, for good cause shown, 3 allow late filing of the motion. Hearing on the motion shall 4 be held prior to trial and the burden of proof shall be on the 5 defendant to prove intellectual disability or mental illness 6 by a preponderance of the evidence. However, a rebuttable 7 presumption of intellectual disability arises if a defendant 8 has an intelligence quotient of seventy-five or below. If the 9 court finds that the defendant is intellectually disabled, the 10 defendant, if convicted of the multiple offense of murder, 11 kidnapping, and sexual abuse under section 902.15, shall not be 12 sentenced to death but shall be sentenced to life imprisonment 13 in the manner provided in section 902.1. A finding by the 14 court that the evidence presented by the defendant at the 15 hearing does not preclude the imposition of the death penalty 16 under this section and section 902.15 shall not preclude the 17 introduction of evidence of intellectual disability or mental 18 illness during the penalty proceeding. If the court finds 19 that evidence of intellectual disability or mental illness 20 does not preclude imposition of the death penalty, evidence of 21 intellectual disability or mental illness may be reviewed by 22 the jury in the penalty proceeding and the jury shall not be 23 informed of the finding in the initial proceeding at any time 24 during the penalty proceeding. 25 3. If at the trial on a charge of the multiple offense of 26 murder, kidnapping, and sexual abuse under section 902.15, the 27 state intends to request that the death penalty be imposed 28 under section 902.1B, the prosecutor shall file a notice of 29 intent to seek the death penalty, at the time of and as part of 30 the information or indictment filed in the case. 31 4. If a notice of intent to seek the death penalty has been 32 filed, the trial shall be conducted in bifurcated proceedings 33 before the same trier of fact. During the initial proceeding, 34 the jury, or the court if the defendant waives the right to a 35 -5- LSB 1303XS (4) 87 jm/rj 5/ 21

S.F. 335 jury trial, shall decide only whether the defendant is guilty 1 or not guilty of the multiple offense of murder, kidnapping, 2 and sexual abuse under section 902.15. 3 a. If, in the initial proceeding, the court or jury finds 4 the defendant guilty of, or the defendant pleads guilty to, an 5 offense other than the multiple offense of murder, kidnapping, 6 and sexual abuse under section 902.15, the court shall sentence 7 the defendant in accordance with the sentencing procedures set 8 forth in rule of criminal procedure 2.23, Iowa court rules, and 9 chapters 901 through 909, which are applicable to the offense. 10 b. If the court or jury finds the defendant guilty of, 11 or the defendant pleads guilty to, the multiple offense of 12 murder, kidnapping, and sexual abuse under section 902.15, but 13 the prosecuting attorney waives the death penalty, the court 14 shall sentence the defendant to life imprisonment in accordance 15 with the sentencing procedures set forth in rule of criminal 16 procedure 2.23, Iowa court rules, and chapters 901 through 909, 17 which are otherwise applicable to convictions of murder in the 18 first degree, kidnapping, and sexual abuse. 19 c. If the court or jury finds the defendant guilty of the 20 multiple offense of murder, kidnapping, and sexual abuse under 21 section 902.15, or a defendant enters a plea of guilty in the 22 initial proceeding, and the prosecuting attorney does not waive 23 imposition of the death penalty, a penalty proceeding shall be 24 held in the manner provided in subsections 5 through 13. 25 5. No sooner than twenty-four hours after a verdict of 26 guilty or a plea of guilty to the multiple offense of murder, 27 kidnapping, and sexual abuse under section 902.15 is returned 28 in the initial proceeding, a penalty proceeding shall be held 29 to determine whether the defendant shall be sentenced to death 30 or to life imprisonment. The proceeding shall be conducted 31 in the trial court before the trial jury, or the court if the 32 defendant has waived the right to a jury trial or has waived 33 the right for the proceeding to be before the trial jury. Both 34 the state and the defendant shall have the right to present 35 -6- LSB 1303XS (4) 87 jm/rj 6/ 21

S.F. 335 opening statements at the commencement of the proceeding. In 1 the proceeding, evidence relevant to the existence of any 2 aggravating or mitigating circumstances may be presented as 3 follows: 4 a. The state or the defendant may present evidence relevant 5 to the conviction of the multiple offense enumerated in section 6 902.15 and any aggravating circumstances other than juvenile 7 delinquency adjudications for offenses which carry penalties 8 equivalent to the penalties imposed for simple or serious 9 misdemeanors. The state may introduce evidence of the actual 10 harm caused by the commission of the multiple offense of 11 murder, kidnapping, and sexual abuse under section 902.15, 12 including but not limited to evidence relating to the life of 13 the victim and the impact of the loss of the victim to the 14 victim’s family and society. 15 b. The defendant may present evidence that the defendant 16 was intellectually disabled or mentally ill at the time of the 17 commission of the offense. The burden of proof shall be on the 18 defendant to prove intellectual disability or mental illness 19 by a preponderance of the evidence. However, a rebuttable 20 presumption of intellectual disability arises if a defendant 21 has an intelligence quotient of seventy-five or below. 22 c. The state or the defendant may present evidence relevant 23 to any mitigating circumstances which may exist. Mitigating 24 circumstances may include the following circumstances: 25 (1) The defendant was under the influence of an extreme 26 mental or emotional disturbance insufficient to constitute a 27 defense. 28 (2) The age of the defendant at the time of the offense. 29 (3) The defendant’s capacity to appreciate the wrongfulness 30 of the defendant’s conduct and to conform that conduct to the 31 requirements of law was significantly impaired as a result of a 32 mental disease or defect or intellectual disability, but not to 33 a degree sufficient to constitute a defense. 34 (4) The defendant has no significant history of prior adult 35 -7- LSB 1303XS (4) 87 jm/rj 7/ 21

S.F. 335 criminal activity. 1 (5) The defendant acted under extreme duress or under the 2 substantial domination of another person. 3 (6) The defendant did not directly commit the multiple 4 offense of murder, kidnapping, and sexual abuse and the 5 defendant did not intend to kill or anticipate that lethal 6 force would be used. 7 (7) Any other factor which is relevant to the defendant’s 8 character or record or to the circumstances of the offense. 9 d. The state and the defendant or the defendant’s counsel 10 shall be permitted to present and cross-examine witnesses and 11 present arguments for or against a sentence of death. Evidence 12 regarding aggravating and mitigating circumstances shall not 13 be governed by the rules governing admissibility of evidence, 14 except that introduction of evidence secured in violation of 15 the Constitution of the United States or of the Constitution of 16 the State of Iowa shall not be permitted. 17 6. At the conclusion of presentation of evidence in 18 the penalty proceeding, the state and the defendant or the 19 defendant’s counsel shall be permitted to make closing 20 arguments, including any rebuttal arguments, in the same manner 21 as in the initial proceeding and the following issues shall be 22 determined by the jury or the court if there is no jury: 23 a. Whether the aggravating circumstance or circumstances 24 have been established beyond a reasonable doubt and outweigh 25 any one or more mitigating circumstances. 26 b. Whether the defendant shall be sentenced to death. 27 7. A recommendation for a sentence of death shall not be 28 permitted if the recommendation is based on the race, color, 29 religious beliefs, national origin, or sex of the defendant 30 or of any victim, or based on any other protected class under 31 chapter 216. After submission of the issues, but prior to the 32 return of a finding in the penalty proceeding, if the matter 33 is tried before a jury, the court shall instruct the jury 34 that in considering whether a sentence of death is justified, 35 -8- LSB 1303XS (4) 87 jm/rj 8/ 21

S.F. 335 the jury shall not consider race, color, religious beliefs, 1 national origin, or sex of the defendant or of any victim, or 2 consider any other protected class under chapter 216. The 3 court shall further instruct the jury that the jury shall not 4 return a sentence of death unless the jury concludes that such 5 a sentence would be recommended no matter what the race, color, 6 religious beliefs, national origin, sex, or other protected 7 class of the defendant or of any victim may be. 8 8. After submission of the issues, but prior to the 9 commencement of the jury deliberations in the penalty 10 proceeding, the court shall instruct the jury that if the 11 defendant is not sentenced to death, the court is required by 12 law to impose a sentence of imprisonment until death without 13 parole. The court shall further instruct the jury that 14 the sentence of imprisonment until death without parole is 15 required by law if the jury fails to reach a unanimous verdict 16 recommending a sentence of death. 17 9. Concurrently with the return of the findings on the 18 issues submitted under subsection 6, the jury, or the court if 19 there is no jury, shall return special verdicts as follows: 20 a. Which aggravating circumstances were established beyond a 21 reasonable doubt and were considered in reaching the verdict. 22 b. Which mitigating circumstances were established and 23 were considered in reaching the verdict returned on the issue 24 specified in subsection 6, paragraph “a” . 25 10. If the jury, or the court if there is no jury, returns 26 a unanimous affirmative finding on each of the issues submitted 27 under subsection 6, paragraphs “a” and “b” , the court shall 28 enter a judgment of conviction and shall sentence the defendant 29 to death as provided in section 902.1B. 30 11. However, if evidence that the defendant was not a 31 major participant in the commission of the multiple offense 32 of murder, kidnapping, and sexual abuse under section 902.15, 33 and that the defendant’s conduct did not manifest a reckless 34 indifference to human life is presented to the jury, or the 35 -9- LSB 1303XS (4) 87 jm/rj 9/ 21

S.F. 335 court if there is no jury, the jury or the court shall also 1 return a special verdict on the issue. If the jury unanimously 2 determines, or the court if there is no jury, finds that a 3 preponderance of evidence exists that shows that the defendant 4 was not a major participant in the commission of the multiple 5 offense of murder, kidnapping, and sexual abuse under section 6 902.15, and that the defendant’s conduct did not manifest a 7 reckless indifference to human life, the court shall enter a 8 judgment of conviction and shall sentence the defendant to life 9 imprisonment as provided in section 902.1, even if the jury or 10 the court returns unanimous affirmative findings on each of the 11 issues submitted under subsection 6. 12 12. If the jury, or the court if there is no jury, returns 13 a negative finding on any of the issues submitted under 14 subsection 6, paragraph “a” or “b” , the court shall enter a 15 judgment of conviction and shall sentence the defendant to life 16 imprisonment as provided in section 902.1. 17 13. After a verdict has been rendered it shall be recorded 18 on the jury verdict form and shall be read and recorded in open 19 court. The jurors shall be collectively asked by the court 20 whether the verdict returned is their true and correct verdict. 21 Even though no juror makes any declaration to the contrary, the 22 jury shall, if either party so requests, be polled and each 23 juror shall be separately asked whether the verdict rendered by 24 the jury foreperson is the juror’s true and correct verdict. 25 If, upon either the collective or the separate inquiry, any 26 juror denies that the verdict is the juror’s verdict, the court 27 shall refuse to accept the verdict. The court may direct 28 inquiry or permit inquiry by counsel to ascertain whether any 29 juror has been subjected to coercion or has become confused 30 during the jury deliberation process. The court may, as 31 appropriate, direct the jury to resume deliberation in the 32 case. If no disagreement on the verdict is expressed by any of 33 the jurors, the court shall discharge the jury. 34 Sec. 7. Section 902.1, subsection 1, Code 2017, is amended 35 -10- LSB 1303XS (4) 87 jm/rj 10/ 21

S.F. 335 to read as follows: 1 1. Upon Except as provided in section 902.1A or 902.1B, a 2 plea of guilty, a verdict of guilty, or a special verdict upon 3 which a judgment of conviction of a class “A” felony may be 4 rendered, the court shall enter a judgment of conviction and 5 shall commit the defendant into the custody of the director 6 of the Iowa department of corrections for the rest of the 7 defendant’s life. Nothing in the Iowa corrections code 8 pertaining to deferred judgment, deferred sentence, suspended 9 sentence, or reconsideration of sentence applies to a class “A” 10 felony, and a person convicted of a class “A” felony shall not 11 be released on parole unless the governor commutes the sentence 12 to a term of years. 13 Sec. 8. Section 902.1, subsections 2, 3, and 4, Code 2017, 14 are amended by striking the subsections. 15 Sec. 9. NEW SECTION . 902.1A Class “A” felony sentencing —— 16 juveniles. 17 1. a. Notwithstanding section 902.1, a defendant convicted 18 of murder in the first degree in violation of section 707.2, 19 and who was under the age of eighteen at the time the offense 20 was committed shall receive one of the following sentences: 21 (1) Commitment to the custody of the director of the 22 department of corrections for the rest of the defendant’s life 23 with no possibility of parole unless the governor commutes the 24 sentence to a term of years. 25 (2) Commitment to the custody of the director of the 26 department of corrections for the rest of the defendant’s life 27 with the possibility of parole after serving a minimum term of 28 confinement as determined by the court. 29 (3) Commitment to the custody of the director of the 30 department of corrections for the rest of the defendant’s life 31 with the possibility of parole. 32 b. (1) The prosecuting attorney shall provide reasonable 33 notice to the defendant, after conviction and prior to 34 sentencing, of the state’s intention to seek a life sentence 35 -11- LSB 1303XS (4) 87 jm/rj 11/ 21

S.F. 335 with no possibility of parole under paragraph “a” , subparagraph 1 (1). 2 (2) In determining which sentence to impose, the court shall 3 consider all circumstances including but not limited to the 4 following: 5 (a) The impact of the offense on each victim, as defined in 6 section 915.10, through the use of a victim impact statement, 7 as defined in section 915.10, under any format permitted by 8 section 915.13. The victim impact statement may include 9 comment on the sentence of the defendant. 10 (b) The impact of the offense on the community. 11 (c) The threat to the safety of the public or any individual 12 posed by the defendant. 13 (d) The degree of participation in the murder by the 14 defendant. 15 (e) The nature of the offense. 16 (f) The defendant’s remorse. 17 (g) The defendant’s acceptance of responsibility. 18 (h) The severity of the offense, including any of the 19 following: 20 (i) The commission of the murder while participating in 21 another felony. 22 (ii) The number of victims. 23 (iii) The heinous, brutal, cruel manner of the murder, 24 including whether the murder was the result of torture. 25 (i) The capacity of the defendant to appreciate the 26 criminality of the conduct. 27 (j) Whether the ability to conform the defendant’s conduct 28 with the requirements of the law was substantially impaired. 29 (k) The level of maturity of the defendant. 30 (l) The intellectual and mental capacity of the defendant. 31 (m) The nature and extent of any prior juvenile delinquency 32 or criminal history of the defendant, including the success or 33 failure of previous attempts at rehabilitation. 34 (n) The mental health history of the defendant. 35 -12- LSB 1303XS (4) 87 jm/rj 12/ 21

S.F. 335 (o) The level of compulsion, duress, or influence exerted 1 upon the defendant, but not to such an extent as to constitute 2 a defense. 3 (p) The likelihood of the commission of further offenses by 4 the defendant. 5 (q) The chronological age of the defendant and the features 6 of youth, including immaturity, impetuosity, and failure to 7 appreciate risks and consequences. 8 (r) The family and home environment that surrounded the 9 defendant. 10 (s) The circumstances of the murder including the extent 11 of the defendant’s participation in the conduct and the way 12 familial and peer pressure may have affected the defendant. 13 (t) The competencies associated with youth, including but 14 not limited to the defendant’s inability to deal with peace 15 officers or the prosecution or the defendant’s incapacity to 16 assist the defendant’s attorney in the defendant’s defense. 17 (u) The possibility of rehabilitation. 18 (v) Any other information considered relevant by the 19 sentencing court. 20 2. a. Notwithstanding subsection 1 and section 902.1, a 21 defendant convicted of a class “A” felony, other than murder 22 in the first degree in violation of section 707.2, and who was 23 under the age of eighteen at the time the offense was committed 24 shall receive one of the following sentences: 25 (1) Commitment to the custody of the director of the 26 department of corrections for the rest of the defendant’s life 27 with the possibility of parole after serving a minimum term of 28 confinement as determined by the court. 29 (2) Commitment to the custody of the director of the 30 department of corrections for the rest of the defendant’s life 31 with the possibility of parole. 32 b. In determining which sentence to impose, the court shall 33 consider all circumstances including but not limited to the 34 following: 35 -13- LSB 1303XS (4) 87 jm/rj 13/ 21

S.F. 335 (1) The impact of the offense on each victim, as defined in 1 section 915.10, through the use of a victim impact statement, 2 as defined in section 915.10, under any format permitted by 3 section 915.13. The victim impact statement may include 4 comment on the sentence of the defendant. 5 (2) The impact of the offense on the community. 6 (3) The threat to the safety of the public or any individual 7 posed by the defendant. 8 (4) The degree of participation in the offense by the 9 defendant. 10 (5) The nature of the offense. 11 (6) The defendant’s remorse. 12 (7) The defendant’s acceptance of responsibility. 13 (8) The severity of the offense, including any of the 14 following: 15 (a) The commission of the offense while participating in 16 another felony. 17 (b) The number of victims. 18 (c) The heinous, brutal, cruel manner of the offense, 19 including whether the offense involved torture. 20 (9) The capacity of the defendant to appreciate the 21 criminality of the conduct. 22 (10) Whether the ability to conform the defendant’s conduct 23 with the requirements of the law was substantially impaired. 24 (11) The level of maturity of the defendant. 25 (12) The intellectual and mental capacity of the defendant. 26 (13) The nature and extent of any prior juvenile delinquency 27 or criminal history of the defendant, including the success or 28 failure of previous attempts at rehabilitation. 29 (14) The mental health history of the defendant. 30 (15) The level of compulsion, duress, or influence exerted 31 upon the defendant, but not to such an extent as to constitute 32 a defense. 33 (16) The likelihood of the commission of further offenses 34 by the defendant. 35 -14- LSB 1303XS (4) 87 jm/rj 14/ 21

S.F. 335 (17) The chronological age of the defendant and the features 1 of youth, including immaturity, impetuosity, and failure to 2 appreciate risks and consequences. 3 (18) The family and home environment that surrounded the 4 defendant. 5 (19) The circumstances of the offense including the extent 6 of the defendant’s participation in the conduct and the way the 7 familial and peer pressure may have affected the defendant. 8 (20) The competencies associated with youth, including but 9 not limited to the defendant’s inability to deal with peace 10 officers or the prosecution or the defendant’s incapacity to 11 assist the defendant’s attorney in the defendant’s defense. 12 (21) The possibility of rehabilitation. 13 (22) Any other information considered relevant by the 14 sentencing court. 15 3. If a defendant is paroled pursuant to subsection 1 or 2, 16 the defendant shall be subject to the same set of procedures 17 set out in chapters 901B, 905, 906, and 908, and rules adopted 18 under those chapters for persons on parole. 19 Sec. 10. NEW SECTION . 902.1B Class “A” felony —— death 20 penalty. 21 Notwithstanding section 902.1, upon return of a plea or 22 verdict of guilty to the multiple offense of murder in the 23 first degree, kidnapping, and sexual abuse under section 24 902.15, and a return of a verdict in favor of a sentence of 25 death in a penalty proceeding conducted as provided in section 26 901D.1, the court shall enter a judgment of conviction and 27 shall commit the defendant into the custody of the director 28 of the Iowa department of corrections. The sentence shall 29 be carried out by the administration of a lethal injection 30 pursuant to rules adopted by the board of corrections. If 31 a defendant, for whom a warrant of execution is issued, is 32 pregnant, the execution shall not take place until after the 33 defendant is no longer pregnant. If a defendant, for whom 34 a warrant of execution is issued, is suffering from such a 35 -15- LSB 1303XS (4) 87 jm/rj 15/ 21

S.F. 335 diseased or deranged condition of the mind as to prevent the 1 defendant from knowing the nature and quality of the act 2 the defendant has been convicted of, or from understanding 3 that trial on the offense has taken place and that execution 4 proceedings are about to take place, or otherwise causes the 5 defendant to lack the capacity to understand the sentence which 6 has been imposed and to participate in any legal proceedings 7 relating to the sentence, the execution shall not take place 8 until after the defendant’s capacity is restored. If the 9 director of the department of corrections or the defendant’s 10 counsel files a request with the court which issued the warrant 11 of execution, alleging that the defendant suffers from such a 12 diseased or deranged condition, a hearing on the matter shall 13 be held in the manner provided in section 812A.1. For the 14 purposes of this section, “lethal injection” means a continuous 15 intravenous injection of a lethal substance sufficient to cause 16 death. 17 Sec. 11. NEW SECTION . 902.15 Commission of the multiple 18 offense of first degree murder, kidnapping, and sexual abuse. 19 A person who commits the multiple offense of murder in the 20 first degree, kidnapping, and sexual abuse with respect to the 21 same victim, who is not intellectually disabled or mentally 22 ill, and who is age eighteen or older at the time the offense 23 is committed, shall be eligible for a sentence of death under 24 section 902.1B, if the victim was a minor. 25 For purposes of this section, “intellectually disabled” 26 means significant subaverage general intellectual functioning 27 accompanied by significant deficits or impairments in adaptive 28 functioning manifested in the developmental period, but no 29 later than the age of eighteen years, and accompanied by 30 deficits in adaptive behavior. 31 For purposes of this section, “mentally ill” means the 32 condition of a person who is suffering from a chronic and 33 persistent serious mental disease or disorder and who, by 34 reason of that condition, lacks sufficient judgment to make 35 -16- LSB 1303XS (4) 87 jm/rj 16/ 21

S.F. 335 responsible decisions regarding treatment and is reasonably 1 likely to injure the person’s self or others who may come into 2 contact with the person if the person is allowed to remain at 3 liberty without treatment. 4 Sec. 12. NEW SECTION . 902.16 Data collection for death 5 penalty. 6 1. The supreme court shall collect data on all multiple 7 offenses of murder, kidnapping, and sexual abuse charges in 8 which the death penalty is or was not waived, which are filed 9 and processed in the courts in this state. This data may be 10 used by the supreme court to determine whether death sentences 11 imposed are excessive or disproportionate, or under the 12 influence of prejudice under section 814.28. The court shall 13 make this data available to litigants in death penalty cases. 14 2. Data collected by public officials concerning factors 15 relevant to the imposition of the death sentence shall be made 16 publicly available. 17 Sec. 13. NEW SECTION . 903C.1 Executions —— refusal to 18 perform. 19 An employee of the state who may lawfully perform, assist, or 20 participate in the execution of a person pursuant to section 21 902.1B, and rules adopted by the department of corrections, 22 shall not be required to perform, assist, or participate in 23 the execution. State employees who refuse to perform, assist, 24 or participate in the execution of a person shall not be 25 discriminated against in any way, including but not limited 26 to employment, promotion, advancement, transfer, licensing, 27 education, training, or the granting of any privileges or 28 appointments because of the refusal to perform, assist, or 29 participate in the execution. 30 Sec. 14. Section 904.105, Code 2017, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 9A. Adopt rules pursuant to chapter 17A 33 pertaining to executions of persons convicted of the multiple 34 offense of murder, kidnapping, and sexual abuse under section 35 -17- LSB 1303XS (4) 87 jm/rj 17/ 21

S.F. 335 902.15. Rules adopted shall include but are not limited to 1 rules permitting the witnessing of executions by members of 2 the public and the victim’s family. Invitations to witness 3 an execution shall at least be extended to the following 4 representatives of the news media: 5 a. A representative from a wire service serving Iowa. 6 b. A representative from a broadcasting network serving 7 Iowa. 8 c. A representative from a television station located in 9 Iowa. 10 d. A representative from a radio station located in Iowa. 11 e. A representative from a daily newspaper published in 12 Iowa. 13 f. A representative from a weekly newspaper published in 14 Iowa. 15 g. A representative from the news media from the community 16 in which the condemned person resided, if that community is 17 located in Iowa. 18 Sec. 15. IMPLEMENTATION OF ACT. Section 25B.2, subsection 19 3, shall not apply to this Act. 20 Sec. 16. SEVERABILITY. If any provision of this Act or the 21 application thereof to any person is invalid, the invalidity 22 shall not affect the provisions or application of this Act 23 which can be given effect without the invalid provisions or 24 application and to this end, the provisions of this Act are 25 severable. 26 Sec. 17. EFFECTIVE DATE. This Act takes effect January 1, 27 2018. 28 Sec. 18. APPLICABILITY. This Act applies to offenses 29 committed on or after the effective date of this Act. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill amends the Iowa criminal code to provide for 34 punishment by death for the multiple offense of murder in the 35 -18- LSB 1303XS (4) 87 jm/rj 18/ 21

S.F. 335 first degree, kidnapping, and sexual abuse committed by a 1 person age 18 or older with respect to the same victim who is a 2 minor if the trial jury, or the judge if there is no jury, makes 3 specific findings and whether the jury believes the defendant 4 should be put to death in a separate penalty proceeding held 5 after the close of the initial trial proceeding. Under the 6 bill, a death sentence could be imposed if the murder would 7 constitute murder in the first degree and the state pleads and 8 proves the defendant also kidnapped and committed sexual abuse 9 against the murder victim who was a minor. 10 The bill provides that in order to receive a sentence of 11 death, the defendant must be at least 18 years of age at the 12 time the offense is committed, must not be mentally ill or 13 intellectually disabled, and must have been a major participant 14 in the commission of the crime or must have shown a manifest 15 indifference to human life. 16 If a person is indigent and is charged with capital murder, 17 payment of costs for two attorneys is authorized. The supreme 18 court is required to establish standards for the competency of 19 counsel in death penalty cases. The state public defender is 20 charged with establishing teams of qualified lead and cocounsel 21 for death penalty cases, as well as conducting or sponsoring 22 specialized training programs for attorneys representing 23 persons who may be executed. 24 If such a case proceeds to trial and a notice of intent 25 to seek the death penalty has been filed, in addition to 26 any other defenses which may be presented to the charge, the 27 defendant may raise the issue of intellectual disability or 28 mental illness during the time of filing pretrial motions, 29 and the defendant is entitled to a rebuttable presumption of 30 intellectual disability if the defendant establishes that the 31 defendant has an intelligence quotient of 75 or below. 32 Once the evidence is submitted to the jury, the court 33 will instruct the jury, at the defendant’s request, that in 34 considering whether a sentence of death is justified, the 35 -19- LSB 1303XS (4) 87 jm/rj 19/ 21