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House Journal: Page 487: Wednesday, February 22, 1995

31   act the defendant has been convicted of, or from
32   understanding that trial on the offense has taken
33   place and that execution proceedings are about to take
34   place, or otherwise causes the defendant to lack the
35   capacity, to understand the sentence which has been
36   imposed and to participate in any legal proceedings
37   relating to the sentence the execution shall not take
38   place until after the defendant's capacity is
39   restored.  If the director of the department of
40   corrections or the defendant's counsel files a request
41   with the court which issued the warrant of execution,
42   alleging that the defendant suffers from such a
43   diseased or deranged condition, a hearing on the
44   matter shall be held in the manner provided in section
45   812A.1.  If a defendant was under the age of eighteen
46   at the time the offense was committed, the defendant
47   shall be sentenced as provided in subsection 1.  For
48   the purposes of this section, "lethal injection" means
49   a continuous intravenous injection of a lethal
50   quantity of sodium thiopental or other equally or more
Page   9
 1   effective substance sufficient to cause death.
 2     Sec. 8.  Section 902.2, Code 1995, is amended to
 3   read as follows:
 4     902.2  RECORD OF CLASS "A" FELON REVIEWED.
 5     The board shall interview a class "A" felon who has
 6   been sentenced to life imprisonment within five years
 7   of the felon's confinement and regularly thereafter.
 8   If, in the opinion of the board, the person should be
 9   considered for release on parole, the board shall
10   recommend to the governor that the person's sentence
11   be commuted to a term of years.  If the person's
12   sentence is so commuted, the person shall be eligible
13   for parole as provided in chapter 906.
14     Sec. 9.  NEW SECTION.  902.12  FIRST DEGREE MURDER
15   -- ADDITIONAL FACTORS.
16     A person who commits murder in the first degree,
17   who is not mentally retarded, and who is age eighteen
18   or older at the time the offense is committed, shall
19   be eligible for a sentence of death under section
20   902.1, subsection 2, if one or more of the following
21   factors have been established:
22     1.  The person has been previously convicted of a
23   class "A" felony in this state or a criminal offense
24   in any other state which would constitute a class "A"
25   felony under section 707.2, 709.2, or 710.2 if
26   committed in this state.  For purposes of this
27   section, a conviction which occurs prior to the filing
28   of an indictment or information for murder in the
29   first degree shall be considered to be a previous
30   conviction.  An adjudication of delinquency does not
31   constitute a conviction for purposes of this

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/00400/00487.html
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