Text: HF00079 Text: HF00081 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 701.7, Code 1995, is amended to read as 1 2 follows: 1 3 701.7 FELONY DEFINED AND CLASSIFIED. 1 4 A public offense is a felony of a particular class when the 1 5 statute defining the crime declares it to be a felony. 1 6 Felonies are capital felonies, class "A" felonies, class "B" 1 7 felonies, class "C" felonies, and class "D" felonies.Where1 8 If the statute defining the offense declares it to be a felony 1 9 but does not state what class of felony it is or provide for a 1 10 specific penalty, that felonyshall beis a class "D" felony. 1 11 Sec. 2. NEW SECTION. 707.1A CAPITAL MURDER. 1 12 1. a. A person commits capital murder if the person 1 13 commits murder in the first degree pursuant to section 707.2, 1 14 and the person previously has been convicted of capital 1 15 murder, a class "A" felony pursuant to section 707.2, 709.2, 1 16 or 710.2, or murder in the second degree pursuant to section 1 17 707.3. 1 18 b. A person commits capital murder if the person commits 1 19 murder in the first degree pursuant to section 707.2, and the 1 20 person, in the course of that murder, commits another capital 1 21 murder, another class "A" felony pursuant to section 707.2, 1 22 709.2, or 710.2, or murder in the second degree pursuant to 1 23 section 707.3. 1 24 c. A person commits capital murder if the person commits 1 25 murder in the first degree pursuant to section 707.2 or murder 1 26 in the second degree pursuant to section 707.3 for financial 1 27 gain. 1 28 d. A person commits capital murder if the person commits 1 29 murder in the first degree pursuant to section 707.2 by means 1 30 of a destructive device, bomb, or explosive planted, hidden, 1 31 or concealed in any place, area, dwelling, building, or 1 32 structure, and the person knew or should have known that the 1 33 act would create a great risk of death to one or more human 1 34 beings. 1 35 e. A person commits capital murder if the person commits 2 1 murder in the first degree pursuant to section 707.2 or murder 2 2 in the second degree pursuant to section 707.3 for the purpose 2 3 of avoiding or preventing a lawful arrest or to perfect or 2 4 attempt an escape from custody. 2 5 f. A person commits capital murder if the person commits 2 6 murder in the first degree pursuant to section 707.2 by means 2 7 of a destructive device, bomb, or explosive that the person 2 8 mailed or delivered, attempted to mail or deliver, or caused 2 9 to be mailed or delivered and the person knew or should have 2 10 known that the act would create a great risk of death to one 2 11 or more human beings. 2 12 g. A person commits capital murder if the person commits 2 13 murder in the first degree pursuant to section 707.2 and the 2 14 victim is a peace officer as defined in section 801.4, who was 2 15 engaged in the performance of the victim's official duties and 2 16 the person knew or should have known that the victim was a 2 17 peace officer. 2 18 h. A person commits capital murder if the person commits 2 19 murder in the first degree pursuant to section 707.2 and the 2 20 victim is a federal law enforcement officer as defined in 2 21 section 804.7A, who was engaged in the performance of the 2 22 victim's official duties and the person knew or should have 2 23 known that the victim was a federal law enforcement officer. 2 24 i. A person commits capital murder if the person commits 2 25 murder in the first degree pursuant to section 707.2 and the 2 26 victim is a fire fighter who was engaged in the performance of 2 27 the victim's official duties and the person knew or should 2 28 have known that the victim was a fire fighter. 2 29 j. A person commits capital murder if the person commits 2 30 murder in the first degree pursuant to section 707.2 and the 2 31 victim was a witness to a crime if the murder is for the 2 32 purpose of preventing the victim from testifying in any 2 33 criminal proceeding and the murder was not committed during 2 34 the commission of the crime that the victim witnessed, or the 2 35 victim was a witness to a crime and the murder is in 3 1 retaliation for the victim's testimony in any criminal 3 2 proceeding. 3 3 k. A person commits capital murder if the person commits 3 4 murder in the first degree pursuant to section 707.2 and the 3 5 victim was a prosecutor, assistant prosecutor, or former 3 6 prosecutor or assistant prosecutor as defined under section 3 7 801.4, subsection 12, or any prosecutor, assistant prosecutor, 3 8 or former prosecutor or assistant prosecutor for any federal 3 9 prosecutor's office and the murder is in retaliation for or to 3 10 prevent the victim from carrying out the victim's official 3 11 duties. 3 12 l. A person commits capital murder if the person commits 3 13 murder in the first degree pursuant to section 707.2 and the 3 14 victim was a judicial officer as defined under section 3 15 602.1101, subsection 8, or a former judicial officer of any 3 16 court of record in this state or any other state and the 3 17 murder is in retaliation for or to prevent the victim from 3 18 carrying out the victim's official duties. 3 19 m. A person commits capital murder if the person commits 3 20 murder in the first degree pursuant to section 707.2 and the 3 21 victim was an elected or appointed official or former elected 3 22 or appointed official of the state, of a political subdivision 3 23 of the state, of any other state or political subdivision of 3 24 any other state, or of the federal government and the murder 3 25 is in retaliation for or to prevent the victim from carrying 3 26 out the victim's official duties. 3 27 n. A person commits capital murder if the person commits 3 28 murder in the first degree pursuant to section 707.2 or murder 3 29 in the second degree pursuant to section 707.3 and the victim 3 30 was an employee of an institution or facility under the 3 31 control of the department of corrections or a judicial 3 32 district department of correctional services or of a city or 3 33 county jail who was performing the victim's official duties, 3 34 or the victim was an inmate of such an institution, facility, 3 35 or jail and was killed on the grounds of the institution, 4 1 facility, or jail or the victim was present at such an 4 2 institution, facility, or jail with the knowledge and consent 4 3 of the chief administrative officer of the institution, 4 4 facility, or jail. 4 5 o. A person commits capital murder if the person commits 4 6 murder in the first degree pursuant to section 707.2 and the 4 7 murder was especially heinous, atrocious, cruel, or 4 8 manifesting exceptional depravity. For purposes of this 4 9 paragraph, the phrase "especially heinous, atrocious, cruel, 4 10 or manifesting exceptional depravity" means a conscienceless 4 11 or pitiless crime which is unnecessarily torturous to the 4 12 victim. 4 13 p. A person commits capital murder if the person commits 4 14 murder in the first degree pursuant to section 707.2 while 4 15 lying in wait. 4 16 q. A person commits capital murder if the person commits 4 17 murder in the first degree pursuant to section 707.2 because 4 18 of the other person's race, color, religion, nationality, or 4 19 country of origin. 4 20 r. A person commits capital murder if the person commits 4 21 murder in the first degree pursuant to section 707.2 while the 4 22 person was committing, was an accomplice in the commission of, 4 23 was attempting to commit, or was in flight immediately after 4 24 committing or attempting to commit one or more of the 4 25 following public offenses: 4 26 (1) Terrorism in violation of section 708.6, unnumbered 4 27 paragraph 1. 4 28 (2) Sexual abuse in violation of section 709.2 or 709.3, 4 29 or section 709.4, subsection 2, paragraph "b" or "c". 4 30 (3) Kidnapping in violation of section 710.2 or 710.3. 4 31 (4) Robbery in violation of section 711.2. 4 32 (5) Arson in violation of section 712.2. 4 33 (6) Burglary in violation of section 713.3. 4 34 (7) Multiple acts of child endangerment in violation of 4 35 section 726.6A. 5 1 s. A person commits capital murder if the person commits 5 2 murder in the first degree pursuant to section 707.2 while 5 3 inflicting torture upon the other person. For purposes of 5 4 this section, "torture" means the infliction of extreme 5 5 physical pain, without regard to the length of time that pain 5 6 is inflicted. 5 7 t. A person commits capital murder if the person commits 5 8 murder in the first degree pursuant to section 707.2 by 5 9 administering a harmful substance in violation of section 5 10 708.5. 5 11 u. A person commits capital murder if the person commits 5 12 murder in the first degree pursuant to section 707.2 and the 5 13 victim was under twelve years of age and the death results 5 14 from exceptionally brutal or heinous behavior indicative of 5 15 wanton cruelty. 5 16 v. A person commits capital murder if the person commits 5 17 murder in the first degree pursuant to section 707.2 and the 5 18 victim was in the commission of the hijacking of an airplane, 5 19 train, ship, bus, or other public conveyance. 5 20 2. Capital murder is a felony punishable either by death 5 21 or by life imprisonment, as determined pursuant to sections 16 5 22 through 19 of this Act. However, if a person is convicted of 5 23 capital murder who was under the age of sixteen years at the 5 24 time the offense was committed, the person shall be sentenced 5 25 to life imprisonment. 5 26 3. If a defendant is sentenced to death pursuant to 5 27 sections 16 through 19 of this Act, the sentence shall be 5 28 executed by the administration of a lethal injection pursuant 5 29 to rules adopted by the board of corrections. For the 5 30 purposes of this section, "lethal injection" means a 5 31 continuous intravenous injection of a lethal quantity of 5 32 sodium thiopental or other equally or more effective substance 5 33 sufficient to cause death. 5 34 Sec. 3. Section 707.2, unnumbered paragraph 1, Code 1995, 5 35 is amended to read as follows: 6 1 A person commits murder in the first degree when the person 6 2 commits murder which is not capital murder and which is 6 3 committed under any of the following circumstances: 6 4 Sec. 4. Section 707.2, subsections 3 and 4, Code 1995, are 6 5 amended by striking the subsections. 6 6 Sec. 5. Section 707.3, unnumbered paragraph 1, Code 1995, 6 7 is amended to read as follows: 6 8 A person commits murder in the second degree when the 6 9 person commits murder which is not capital murder or murder in 6 10 the first degree. 6 11 Sec. 6. Section 707.4, unnumbered paragraph 2, Code 1995, 6 12 is amended to read as follows: 6 13 Voluntary manslaughter is an included offense under an 6 14 indictment for capital murder or murder in the first or second 6 15 degree. 6 16 Sec. 7. Section 707.5, unnumbered paragraph 1, Code 1995, 6 17 is amended to read as follows: 6 18 Involuntary manslaughter as defined in this section is an 6 19 included offense under an indictment for capital murder or 6 20 murder in the first or second degree or voluntary 6 21 manslaughter. 6 22 Sec. 8. Section 802.1, Code 1995, is amended to read as 6 23 follows: 6 24 802.1 MURDER. 6 25 A prosecution for capital murder or murder in the first or 6 26 second degree may be commenced at any time after the death of 6 27 the victim. 6 28 Sec. 9. Section 811.1, subsections 1 and 2, Code 1995, are 6 29 amended to read as follows: 6 30 1. A defendant awaiting judgment of conviction and 6 31 sentencing following either a plea or verdict of guilty of a 6 32 class "A" felony, capital murder, murder, felonious assault, 6 33 sexual abuse in the second degree, sexual abuse in the third 6 34 degree, kidnapping, robbery in the first degree, arson in the 6 35 first degree, or burglary in the first degree, or any felony 7 1 included in section 124.401, subsection 1, paragraph "a". 7 2 2. A defendant appealing a conviction of a class "A" 7 3 felony, capital murder, murder, felonious assault, sexual 7 4 abuse in the second degree, sexual abuse in the third degree, 7 5 kidnapping, robbery in the first degree, arson in the first 7 6 degree, or burglary in the first degree, or any felony 7 7 included in section 124.401, subsection 1, paragraph "a". 7 8 Sec. 10. Section 811.1, Code 1995, is amended by adding 7 9 the following new subsection: 7 10 NEW SUBSECTION. 4. A defendant charged with capital 7 11 murder, if upon hearing held under the conditions required by 7 12 section 812.2, the prosecuting attorney establishes by clear 7 13 and convincing evidence that the release of the defendant from 7 14 custody is likely to pose a danger of physical harm to another 7 15 person. The court shall consider all lawfully obtained 7 16 evidence relevant to the required determination, whether or 7 17 not the evidence would be admissible at trial, but testimony 7 18 of the person charged is not admissible at a subsequent trial 7 19 on the issue of guilt of the offense charged or of any other 7 20 offense. 7 21 Sec. 11. NEW SECTION. 814.28 REVIEW OF DEATH SENTENCE. 7 22 1. In a case in which a sentence of death is imposed, the 7 23 supreme court shall automatically review the judgment and 7 24 sentence. The case shall not be transferred to the court of 7 25 appeals. 7 26 2. A review by the supreme court of a judgment and 7 27 sentence imposing the punishment of death has priority over 7 28 all other criminal and other actions pending before the 7 29 supreme court. 7 30 3. The supreme court shall review the trial and judgment, 7 31 and separately shall review the sentencing proceeding. Upon 7 32 determining that errors did not occur at the trial requiring 7 33 reversal or modification of the judgment, the supreme court 7 34 shall proceed to determine if the sentence of death is 7 35 lawfully imposed. In its review of the sentencing proceeding 8 1 the supreme court shall determine all of the following: 8 2 a. Whether the sentence of death was imposed capriciously 8 3 or under the influence of prejudice or other arbitrary factor. 8 4 b. Whether the special verdicts returned under section 16, 8 5 subsection 2 of this Act are supported by the evidence. 8 6 c. Whether the sentence of death is excessive or 8 7 disproportionate to the penalty imposed in similar cases, 8 8 considering both the crime and the defendant. 8 9 4. If the supreme court determines that the sentence of 8 10 death was not lawfully imposed the court shall set aside the 8 11 sentence and shall remand the case to the trial court for 8 12 imposition of a sentence of life imprisonment. 8 13 5. If the supreme court affirms the judgment and sentence 8 14 of death, the clerk of the supreme court shall certify the 8 15 judgment of the supreme court under the seal of the court to 8 16 the clerk of the trial court. 8 17 Sec. 12. NEW SECTION. 901.11 CAPITAL MURDER PROCEEDINGS. 8 18 1. If a charge of capital murder is submitted to the jury 8 19 or court, but the prosecuting attorney waives the death 8 20 penalty, upon a verdict of guilty, the court shall sentence 8 21 the defendant to life imprisonment. If the prosecuting 8 22 attorney waives the death penalty, the court shall follow the 8 23 sentencing procedures set forth in rule of criminal procedure 8 24 22, Iowa court rules, third edition, and need not follow the 8 25 special sentencing procedures provided for capital murder 8 26 cases. 8 27 2. If capital murder is charged, but the charge is not 8 28 submitted to the court or jury, or the court or jury finds the 8 29 defendant guilty of another offense, upon conviction of the 8 30 other charge, the court shall follow the sentencing procedures 8 31 set forth in rule of criminal procedure 22, Iowa court rules, 8 32 third edition, concerning sentencing for the offense, rather 8 33 than the sentencing procedures provided for capital murder 8 34 cases. 8 35 3. Capital murder proceedings shall be conducted in 9 1 bifurcated proceedings before the same trier of fact. During 9 2 the initial proceeding, the jury, or the court, if the 9 3 defendant waives the right to a jury trial, shall decide only 9 4 whether the defendant is guilty or not guilty of any submitted 9 5 offense. The issue of punishment shall not be submitted 9 6 during the initial proceeding. 9 7 Upon a verdict of guilty to a capital murder charge, a 9 8 separate sentencing proceeding shall be conducted as provided 9 9 in sections 16 through 19 of this Act. If a defendant enters 9 10 a plea of guilty to a capital murder charge, the court shall 9 11 conduct a separate sentencing proceeding as provided in 9 12 sections 16 through 19 of this Act. 9 13 Sec. 13. NEW SECTION. 902.12 CAPITAL MURDER. 9 14 If a person is to be sentenced to life imprisonment under 9 15 section 16, subsection 5 of this Act, nothing in chapters 901 9 16 through 909, pertaining to deferred judgment, deferred 9 17 sentence, suspended sentence, or reconsideration of sentence, 9 18 applies, and the person shall not be released on parole unless 9 19 the governor commutes the person's sentence to a term of years 9 20 and shall not otherwise be released from confinement unless 9 21 the governor pardons the person. 9 22 Sec. 14. Section 904.105, Code 1995, is amended by adding 9 23 the following new subsection: 9 24 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 9 25 pertaining to executions of persons convicted of capital 9 26 murder. 9 27 Sec. 15. Rules of criminal procedure, Iowa court rules, 9 28 third edition, are amended by adding sections 16 through 19 of 9 29 this Act. 9 30 Sec. 16. NEW RULE. CAPITAL MURDER &endash; PROCEDURE. 9 31 1. Upon a finding or plea that a defendant is guilty of 9 32 capital murder, the court shall conduct a separate sentencing 9 33 proceeding to determine whether the defendant shall be 9 34 sentenced to death or to life imprisonment. The proceeding 9 35 shall be conducted in the trial court before the trial jury, 10 1 or the court if there is no jury, as soon as practicable. In 10 2 the proceeding, additional evidence may be presented as to any 10 3 matter which is relevant to the sentence. The court shall 10 4 receive when offered any evidence that is required by the 10 5 rules of criminal procedure. This subsection does not 10 6 authorize the introduction of any evidence secured in 10 7 violation of the Constitution of the United States or of the 10 8 Constitution of the State of Iowa. The state and the 10 9 defendant or the defendant's counsel shall be permitted to 10 10 cross-examine witnesses and to present argument for or against 10 11 a sentence of death. 10 12 2. On conclusion of the presentation of the evidence, the 10 13 court shall submit each of the following issues to the jury: 10 14 a. Whether the conduct of the defendant that caused the 10 15 death of the deceased was committed willfully, deliberately, 10 16 and with the reasonable expectation that the death of the 10 17 deceased or another would result. 10 18 b. Whether a probability exists that in the future the 10 19 defendant would commit criminal acts of violence that would 10 20 constitute a continuing threat to society. 10 21 c. Whether aggravating circumstances exist that are 10 22 sufficient to outweigh any mitigating circumstances that may 10 23 exist. 10 24 If the case is not tried to a jury, the court shall 10 25 determine the issues. 10 26 3. The state must prove each issue in subsection 2 beyond 10 27 a reasonable doubt, and the jury, or the court if there is no 10 28 jury, shall return a special verdict of "yes" or "no" on each 10 29 issue. 10 30 4. If the case is tried to a jury, the court shall charge 10 31 the jury that: 10 32 a. It shall answer any issue "yes" if it agrees 10 33 unanimously. 10 34 b. It shall answer any issue "no" if the jurors 10 35 unanimously agree that the answer is "no" or if the jurors do 11 1 not unanimously agree that the answer is "yes". 11 2 5. If the jury, or the court if there is no jury, returns 11 3 an affirmative finding on all applicable issues, the court 11 4 shall sentence the defendant to death. If the jury or the 11 5 court returns a negative finding on any applicable issue, the 11 6 court shall sentence the defendant to the custody of the 11 7 director of the department of corrections for confinement for 11 8 the rest of the defendant's life. 11 9 6. Iowa Code chapters 901 through 909 do not apply to a 11 10 conviction of capital murder if the defendant is sentenced to 11 11 death. 11 12 Sec. 17. NEW RULE. AUTOMATIC REVIEW &endash; STAY OF JUDGMENT. 11 13 1. A judgment of conviction and sentence of death shall be 11 14 reviewed automatically in the manner provided in Iowa Code 11 15 section 814.28, and the Iowa supreme court has exclusive 11 16 jurisdiction of the review. 11 17 2. Upon entry of judgment and sentence of death, the trial 11 18 court shall prepare a complete record and transcript of the 11 19 action in the manner provided in the rules of criminal 11 20 procedure and shall docket the record and transcript with the 11 21 clerk of the supreme court. 11 22 3. The judgment and sentence of the trial court is stayed 11 23 as a matter of law from the time of its entry until the 11 24 judgment of the supreme court is certified to and entered by 11 25 the trial court. Upon entry of a judgment of the supreme 11 26 court which affirms the conviction and sentence, the stay of 11 27 the judgment and sentence terminates as a matter of law. 11 28 4. All court costs required due to the automatic 11 29 preparation of the record and transcript, docketing with the 11 30 supreme court, and stay of judgment and sentence shall be 11 31 assessed to the state. 11 32 Sec. 18. NEW RULE. ISSUANCE OF WARRANT. 11 33 1. Upon entry by the trial court of the judgment of the 11 34 supreme court affirming a judgment and sentence of death, a 11 35 district judge shall within five days of the entry issue a 12 1 warrant under the seal of the court for the execution of the 12 2 sentence of death. The warrant shall specifically set forth 12 3 the offense and the fact of conviction, shall state the 12 4 judgment and sentence of the court, shall state that the 12 5 judgment and sentence were affirmed by the supreme court and 12 6 the date of entry of judgment of the supreme court in the 12 7 trial court, and shall specify the date fixed for execution of 12 8 the defendant which shall be not less than fifty nor more than 12 9 sixty days after the date of entry in the trial court of the 12 10 judgment of the supreme court affirming the judgment and 12 11 sentence of death. The warrant shall be directed to the 12 12 director of the department of corrections commanding the 12 13 director to cause the warrant to be executed on the date 12 14 specified. The trial court shall deliver the warrant to the 12 15 sheriff of the county in which judgment of conviction was 12 16 entered and the sheriff shall deliver the warrant and the 12 17 defendant to the custody of the department of corrections for 12 18 confinement in the state penitentiary. The director of the 12 19 department of corrections shall acknowledge receipt of the 12 20 warrant and the defendant, and the sheriff shall return the 12 21 acknowledgment to the office of the clerk of the trial court 12 22 from which the warrant was issued. 12 23 2. Immediately after issuance of a warrant ordering a 12 24 sentence of death, the clerk of the trial court issuing the 12 25 warrant shall transmit by mail to the governor a copy of the 12 26 indictment, the plea, the verdict and special findings, the 12 27 affirmation of judgment and sentence by the supreme court, and 12 28 the complete transcript of the trial court. 12 29 Sec. 19. NEW RULE. EVIDENCE AT SENTENCING IN CAPITAL 12 30 MURDER CASES &endash; REQUIRED INFORMATION. 12 31 1. At a reasonable time before the commencement of 12 32 sentencing proceedings in a capital murder case, each party 12 33 shall file and serve upon the other party the following: 12 34 a. A list of all aggravating or mitigating circumstances 12 35 which the party intends to prove during the sentencing 13 1 proceedings. 13 2 b. The names of all persons whom the party intends to call 13 3 as witnesses during the sentencing proceedings. 13 4 c. Notwithstanding rule 13, copies, or for inspection 13 5 purposes, the location, of all documents, including books, 13 6 papers, writings, drawings, graphs, charts, photographs, phone 13 7 records, and other data compilations from which information 13 8 can be obtained, or other objects which the party intends to 13 9 offer into evidence during the sentencing proceedings. If 13 10 copies are not supplied to opposing counsel, the party shall 13 11 make the items available for inspection and copying without 13 12 order of the court. 13 13 2. In proceedings to determine whether the sentence shall 13 14 be death or life imprisonment, evidence may be presented as to 13 15 any matter which the trial court deems relevant to sentence, 13 16 including but not limited to the nature, circumstances, and 13 17 manner of completion of the murder, and the defendant's 13 18 character, background, history, and mental and physical 13 19 condition. The trial court shall admit any relevant evidence 13 20 respecting any aggravating or mitigating circumstances, if the 13 21 party has included the circumstance on a list provided 13 22 pursuant to this rule, or good cause is shown for the failure 13 23 to do so. 13 24 Sec. 20. APPLICABILITY. This Act applies to offenses 13 25 committed on or after the effective date of this Act. 13 26 EXPLANATION 13 27 This bill amends the Iowa criminal code to provide for 13 28 punishment by death for murder committed under specified 13 29 circumstances if the trial jury, or the judge if there is no 13 30 jury, makes specific affirmative findings respecting the 13 31 nature of the act of murder and the characteristics of the 13 32 defendant in a separate sentencing proceeding held after the 13 33 close of the trial. Under the bill, the offense of capital 13 34 murder includes a murder which would constitute murder in the 13 35 first degree committed by a person who has previously 14 1 committed a class "A" felony or second degree murder; the 14 2 commission of another class "A" felony or second degree murder 14 3 in the course of a murder; the commission of first or second 14 4 degree murder for financial gain; murder in the first degree 14 5 through use of a bomb, explosive, or destructive device; 14 6 murder in the first or second degree to avoid arrest or to 14 7 perfect an escape, or of an employee, inmate, or other 14 8 authorized person at a correctional institution or facility; 14 9 murder in the first degree of a peace officer, federal law 14 10 enforcement officer, fire fighter, a witness to a crime, a 14 11 prosecutor, a judge, or a public official; the murder in the 14 12 first degree involving unnecessary torture of a victim; the 14 13 murder in the first degree while lying in wait; a murder in 14 14 the first degree based upon the person's race, color, 14 15 religion, nationality, or country of origin; murder in the 14 16 first degree while committing certain enumerated felonies; 14 17 murder in the first degree while inflicting torture on a 14 18 person; murder in the first degree by administering a harmful 14 19 substance; murder in the first degree of a person under the 14 20 age of 12 as a result of exceptionally brutal or heinous 14 21 behavior; or murder in the first degree as a result of the 14 22 hijacking of a public conveyance. Class "A" felonies include 14 23 murder in the first degree, sexual abuse in the first degree, 14 24 and kidnapping in the first degree. 14 25 The sentence of death is imposed only if the trier of fact 14 26 unanimously answers three questions affirmatively: (1) 14 27 whether the conduct of the defendant that caused the death of 14 28 the deceased was committed deliberately and with reasonable 14 29 expectation that the death of the deceased or another would 14 30 result; (2) whether a probability exists that in the future 14 31 the defendant would commit criminal acts of violence that 14 32 would constitute a continuing threat to society; and (3) 14 33 whether aggravating circumstances exist that are sufficient to 14 34 outweigh any mitigating circumstances that may exist. The 14 35 sentencing proceeding is conducted separately from the finding 15 1 of guilt or innocence by the same trier of fact. If the jury 15 2 fails to agree unanimously on the required affirmative 15 3 findings or if the supreme court determines that error was 15 4 committed in the sentencing proceeding, the penalty would be 15 5 life imprisonment. 15 6 The death penalty sentence would be reviewed automatically 15 7 by the supreme court. The bill requires the supreme court to 15 8 examine whether the sentence is excessive or disproportionate 15 9 to penalties in similar cases. If affirmed by the supreme 15 10 court, the penalty would be accomplished by lethal injection. 15 11 The bill requires the board of corrections to adopt rules 15 12 pertaining to executions. 15 13 The bill further provides that in order to receive a 15 14 sentence of death, the defendant must be at least 16 years of 15 15 age at the time the offense is committed. The bill also 15 16 provides that it applies only to offenses committed on or 15 17 after the bill's effective date. 15 18 LSB 1522HH 76 15 19 lh/sc/14.1
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