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House Journal: Page 484: Wednesday, February 22, 1995

29   defendant was mentally retarded at the time of the
30   commission of the offense.  The burden of proof shall
31   be on the defendant to prove mental retardation by a
32   preponderance of the evidence.  However, a rebuttable
33   presumption of mental retardation arises if a
34   defendant has an intelligence quotient of seventy or
35   below.
36     c.  The state or the defendant may present evidence
37   relevant to any mitigating circumstances which may
38   exist.  Mitigating circumstances may include the
39   following circumstances:
40     (1)  The defendant was under the influence of an
41   extreme mental or emotional disturbance insufficient
42   to constitute a defense.
43     (2)  The victim solicited, participated in, or
44   consented to the conduct which resulted in the
45   victim's death.
46     (3)  The age of the defendant at the time of the
47   murder.
48     (4)  The defendant's capacity to appreciate the
49   wrongfulness of the defendant's conduct and to conform
50   that conduct to the requirements of law was
Page   6
 1   significantly impaired as a result of a mental disease
 2   or defect or mental retardation, but not to a degree
 3   sufficient to constitute a defense.
 4     (5)  The defendant has no significant history of
 5   prior adult criminal activity or prior juvenile
 6   criminal activity involving offenses which carry
 7   penalties equivalent to the penalties imposed for
 8   aggravated misdemeanors or felonies.
 9     (6)  The defendant acted under extreme duress or
10   under the substantial domination of another person.
11     (7)  The defendant did not directly commit the
12   murder and the defendant did not intend to kill or
13   anticipate that lethal force would be used.
14     (8)  Any other factor which is relevant to the
15   defendant's character or record or to the
16   circumstances of the offense.
17     (9)  The defendant rendered substantial assistance
18   to the state in the prosecution of another person for
19   the crime of murder.
20     d.  The state and the defendant or the defendant's
21   counsel shall be permitted to present and cross-
22   examine witnesses and present arguments for or against
23   a sentence of death.  The court shall receive any
24   evidence offered that is required to be presented
25   under the rules of criminal procedure.  The admission
26   of evidence in support of the existence of a factor
27   enumerated in section 902.12 shall be governed by the
28   rules governing admissibility of evidence at a
29   criminal trial.  Evidence regarding aggravating and

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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URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00484.html
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