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House Journal: Page 480: Wednesday, February 22, 1995

25   services as lead counsel in cases in which a sentence
26   of death may be or is to be imposed.
27     Sec. 3.  NEW SECTION.  812A.1  PROCEDURE TO
28   DETERMINE SANITY OF CONDEMNED INMATE.
29     1.  At any time prior to execution of an inmate
30   under section 902.1, if the director of the department
31   of corrections or the counsel for a person who is
32   under a sentence of execution has cause to believe
33   that the inmate is suffering from such a diseased or
34   deranged condition of the mind as to prevent the
35   defendant from knowing the nature and quality of the
36   act the defendant has been convicted of, or from
37   understanding that trial on the offense has taken
38   place and that execution proceedings are about to take
39   place, or otherwise causes the defendant to lack the
40   capacity to understand the sentence which has been
41   imposed and to participate in any legal proceedings
42   relating to the sentence, the director or counsel may
43   file a request with the court that issued the warrant
44   for execution for a determination of the inmate's
45   sanity.  If the district court determines that there
46   is not sufficient reason to believe that the inmate is
47   insane, the court shall enter an order denying the
48   request and shall state the grounds for denying the
49   request.  If the court believes that there is
50   sufficient reason to believe that the inmate is
Page 2  
 1   insane, the court shall suspend the execution and
 2   conduct a hearing to determine the sanity of the
 3   inmate.
 4     2.  At the hearing, the court shall determine the
 5   issue of the inmate's sanity.  The court shall order a
 6   psychiatric or psychological examination of the
 7   inmate.  For that purpose, the court shall appoint two
 8   licensed physicians or licensed psychologists, or one
 9   licensed physician and one licensed psychologist, who
10   are qualified by training and practice to make such an
11   examination and to examine the inmate and report any
12   findings in writing to the court within ten days after
13   the order of examination is issued.  The inmate shall
14   have the right to present evidence and cross-examine
15   any witnesses at the hearing.  Any statement made by
16   the inmate during the course of any examination
17   provided for in this section, whether or not the
18   inmate consents to the examination, shall not be
19   admitted into evidence against the convict in any
20   criminal proceeding.
21     3.  If, at the conclusion of a hearing held
22   pursuant to this section, the court determines that
23   the inmate is sane, the court shall enter an order
24   setting a date for the convict's execution, which
25   shall be carried into effect in the same manner as

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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