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House Journal: Page 486: Wednesday, February 22, 1995

31   that lethal force would be used, the court shall enter
32   a judgment of conviction and shall sentence the
33   defendant to life imprisonment as provided in section
34   902.1, subsection 1, even if the jury or the court
35   returns unanimous affirmative findings on each of the
36   issues submitted under subsection 5.
37     9.  If the jury, or the court, if there is no jury,
38   returns a negative finding on any of the issues
39   submitted under subsection 5, paragraphs "a", "b", and
40   "c", the court shall enter a judgment of conviction
41   and shall sentence the defendant to life imprisonment
42   as provided in section 902.1, subsection 1.
43     10.  This section shall not apply to a defendant
44   who was under the age of eighteen at the time the
45   offense was committed.
46     Sec. 7.  Section 902.1, Code 1995, is amended to
47   read as follows:
48     902.1  CLASS "A" FELONY.
49     1.  Upon Except as otherwise provided in
subsection~ 
50   2, upon a plea of guilty, a verdict of guilty, or a
Page   8
 1   special verdict upon which a judgment of conviction of
 2   a class "A" felony may be rendered, the court shall
 3   enter a judgment of conviction and shall commit the
 4   defendant into the custody of the director of the Iowa
 5   department of corrections for the rest of the
 6   defendant's life.  Nothing in the Iowa corrections
 7   code pertaining to deferred judgment, deferred
 8   sentence, suspended sentence, or reconsideration of
 9   sentence applies to a sentence of life imprisonment
10   for a class "A" felony, and a person convicted of a
11   class "A" felony and sentenced to life imprisonment
12   shall not be released on parole unless the governor
13   commutes the sentence to a term of years.
14     2.  Upon return of a plea or verdict of guilty to
15   the offense of murder in the first degree under
16   section 707.2 and a return of a verdict in favor of a
17   sentence of death in a penalty proceeding conducted as
18   provided in section 901.11, the court shall enter a
19   judgment of conviction and shall commit the defendant
20   into the custody of the director of the Iowa
21   department of corrections.  The sentence shall be
22   carried out by the administration of a lethal
23   injection pursuant to rules adopted by the board of
24   corrections.  If a defendant, for whom a warrant of
25   execution is issued, is pregnant, the execution shall
26   not take place until after the defendant is no longer
27   pregnant.  If a defendant, for whom a warrant of
28   execution is issued, is suffering from such a diseased
29   or deranged condition of the mind as to prevent the
30   defendant from knowing the nature and quality of the

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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