This file contains UNDERSCORE and BOLD. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 485: Wednesday, February 22, 1995

30   mitigating circumstances shall not be governed by the
31   rules governing admissibility of evidence, except that
32   introduction of evidence secured in violation of the
33   Constitution of the United States or of the
34   Constitution of the State of Iowa shall not be
35   permitted.
36     5.  At the conclusion of presentation of evidence
37   in the penalty proceeding, the following issues shall
38   be determined by the jury or the court, if there is no
39   jury:
40     a.  Whether one or more of the factors enumerated
41   in section 902.12 have been established beyond a
42   reasonable doubt.
43     b.  If one or more aggravating circumstances are
44   established, whether the aggravating circumstance or
45   circumstances outweigh any one or more mitigating
46   circumstances.
47     c.  Whether the defendant shall be sentenced to
48   death.
49     6.  A recommendation for a sentence of death shall
50   not be permitted if the recommendation is based on the
Page   7
 1   race, color, religious beliefs, national origin, or
 2   sex of the defendant or the victim.  After submission
 3   of the issues, but prior to the return of a finding in
 4   the penalty proceeding, if the matter is tried before
 5   a jury, the court shall instruct the jury that in
 6   considering whether a sentence of death is justified,
 7   it shall not consider race, color, religious beliefs,
 8   national origin, or sex of the defendant or of any
 9   victim.  The court shall further instruct the jury
10   that it shall not return a sentence of death unless it
11   concludes that such a sentence would be recommended no
12   matter what the race, color, religious beliefs,
13   national origin, or sex of the defendant or victim may
14   be.
15     7.  If the jury, or the court if there is no jury,
16   returns a unanimous affirmative finding on each of the
17   issues submitted under subsection 5, paragraphs "a",
18   "b", and "c", the court shall enter a judgment of
19   conviction and shall sentence the defendant to death
20   as provided in section 902.1, subsection 2.
21     8.  However, if evidence that the defendant did not
22   directly commit the murder and the defendant did not
23   intend to kill or anticipate that lethal force would
24   be used is presented to the jury, or the court, if
25   there is no jury, the jury or the court shall return a
26   special verdict on the issue.  If the jury unanimously
27   determines, or the court, if there is no jury, finds
28   that a preponderance of evidence exists that shows
29   that the defendant did not directly commit the murder
30   and the defendant did not intend to kill or anticipate

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.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00485.html
jhf