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House Journal: Page 488: Wednesday, February 22, 1995

32   subsection.
33     2.  The person is convicted, during the course of
34   the same trial in which the defendant is convicted of
35   murder in the first degree, of committing another
36   class "A" felony under section 707.2, 709.2, or 710.2.
37     3.  The victim was a witness to a crime and the
38   murder is for the purpose of preventing the victim
39   from testifying in any criminal proceeding and the
40   murder was not committed during the commission of the
41   crime that the victim witnessed, or the victim was a
42   witness to a crime and the murder is in retaliation
43   for the victim's testimony in any criminal proceeding.
44     4.  The victim was a prosecutor or former
45   prosecutor, as defined in section 801.4, subsection
46   12, or was a prosecutor or former prosecutor for any
47   federal prosecutor's office, and the murder is in
48   retaliation for or to prevent the victim from carrying
49   out the victim's official duties.
50     5.  The victim was a judicial officer as defined
Page  10
 1   under section 602.1101, subsection 8, or a former
 2   judicial officer of any court of record in this state
 3   or any other state and the murder is in retaliation
 4   for or to prevent the victim from carrying out the
 5   victim's official duties.
 6     6.  The victim was an employee of an institution or
 7   facility under the control of the department of
 8   corrections or a judicial district department of
 9   correctional services or of a city or county jail who
10   was performing the victim's official duties.
11     7.  The victim was under the age of twelve years
12   and the death results from exceptionally brutal or
13   heinous behavior indicative of wanton cruelty.
14     For purposes of this section, "mentally retarded"
15   means significant subaverage general intellectual
16   functioning accompanied by significant deficits or
17   impairments in adaptive functioning manifested in the
18   developmental period, but no later than the age of
19   eighteen years, and accompanied by deficits in
20   adaptive behavior.
21     Sec. 10.  NEW SECTION.  902.13  DATA COLLECTION FOR
22   DEATH PENALTY.
23     1.  The supreme court shall collect data on all
24   murder charges in which the death penalty is or was
25   not waived, which are filed and processed in the
26   courts in this state.  This data may be used by the
27   supreme court to determine whether death sentences
28   imposed are excessive or disproportionate, or under
29   the influence of prejudice as a result of racial
30   discrimination under section 814.28.  The court shall
31   make this data available to litigants in death penalty
32   cases.

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/00400/00488.html
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