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House Journal: Page 483: Wednesday, February 22, 1995

28     3.  If a notice of intent to seek the death penalty
29   has been filed, the trial shall be conducted in
30   bifurcated proceedings before the same trier of fact.
31   During the initial proceeding, the jury, or the court,
32   if the defendant waives the right to a jury trial,
33   shall decide only whether the defendant is guilty or
34   not guilty of murder in the first degree.
35     a.  If, in the initial proceeding, the court or
36   jury finds the defendant guilty of, or the defendant
37   pleads guilty to, an offense other than murder in the
38   first degree, the court shall sentence the defendant
39   in accordance with the sentencing procedures set forth
40   in rule of criminal procedure 22, Iowa court rules,
41   third edition, and chapters 901 through 909, which are
42   applicable to the offense.
43     b.  If the court or jury finds the defendant guilty
44   of, or the defendant pleads guilty to, murder in the
45   first degree, but the prosecuting attorney waives the
46   death penalty, the court shall sentence the defendant
47   to life imprisonment in accordance with the sentencing
48   procedures set forth in rule of criminal procedure 22,
49   Iowa court rules, third edition, and chapters 901
50   through 909, which are applicable to convictions of
Page   5
 1   murder in the first degree.
 2     c.  If the court or jury finds the defendant guilty
 3   of murder in the first degree, or a defendant enters a
 4   plea of guilty in the initial proceeding, and the
 5   prosecuting attorney does not waive imposition of the
 6   death penalty, a penalty proceeding shall be held in
 7   the manner provided in subsections 4 through 9.
 8     4.  No sooner than twenty-four hours after a
 9   verdict of guilty or a plea of guilty to the charge of
10   murder in the first degree is returned in the initial
11   proceeding, a penalty proceeding shall be held to
12   determine whether the defendant shall be sentenced to
13   death or to life imprisonment.  The proceeding shall
14   be conducted in the trial court before the trial jury,
15   or the court if the defendant has waived the right to
16   a jury trial.  In the proceeding, evidence relevant to
17   the existence of any aggravating or mitigating
18   circumstances may be presented as follows:
19     a.  The state or the defendant may present evidence
20   relevant to any of the factors enumerated in section
21   902.12 and any aggravating circumstances other than
22   juvenile delinquency adjudications for offenses which
23   carry penalties equivalent to the penalties imposed
24   for simple or serious misdemeanors.  The state shall
25   be required to prove the existence of any of the
26   factors enumerated in section 902.12 beyond a
27   reasonable doubt.
28     b.  The defendant may present evidence that the

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00483.html
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