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House Journal: Page 490: Wednesday, February 22, 1995

34   was mentally retarded at the time of the commission of
35   the offense shall be raised within the time provided
36   for the filing of pretrial motions under R.Cr.P. 10,
37   Iowa court rules, third edition.  The court may, for
38   good cause shown, allow late filing of the motion.
39   Hearing on the motion shall be held prior to trial and
40   the burden of proof shall be on the defendant to prove
41   mental retardation by a preponderance of the evidence.
42   However, a rebuttable presumption of mental
43   retardation arises if a defendant has an intelligence
44   quotient of seventy or below.  A finding of the court
45   that the evidence presented by the defendant at the
46   hearing does not preclude the imposition of the death
47   penalty under this section and section 902.12 shall
48   not preclude the introduction of evidence of mental
49   retardation during the penalty proceeding.  If the
50   court finds that the evidence presented by the
Page  12
 1   defendant does not preclude the imposition of the
 2   death penalty, evidence of mental retardation may be
 3   reviewed by the jury during the penalty proceeding and
 4   the jury shall not be informed of the finding in the
 5   initial proceeding at any time during the penalty
 6   proceeding.
 7     2.  Upon a finding or plea that a defendant is
 8   guilty of murder in the first degree in an initial
 9   proceeding, if a notice of intent to seek the death
10   penalty has been filed and has not been waived, the
11   court shall conduct a separate penalty proceeding to
12   determine whether the defendant shall be sentenced to
13   death or to life imprisonment.  The proceeding shall
14   be conducted in the trial court before the trial jury,
15   or the court, if there is no jury, no sooner than
16   twenty-four hours after the return of the verdict or
17   plea in the initial proceeding.  In the proceeding,
18   additional evidence may be presented as to any factor
19   enumerated in Iowa Code section 902.12 or any
20   aggravating or mitigating circumstance which may
21   exist.  Evidence presented which is relevant to the
22   existence of a factor enumerated in Iowa Code section
23   902.12 shall be subject to the rules of evidence.
24   Presentation of evidence which is relevant to the
25   existence of an aggravating or mitigating circumstance
26   shall not be bound by the rules of evidence.  This
27   subsection does not authorize the introduction of any
28   evidence secured in violation of the Constitution of
29   the United States or of the Constitution of the State
30   of Iowa.  The state and the defendant or the
31   defendant's counsel shall be permitted to cross-
32   examine witnesses and to present argument for or
33   against a sentence of death.
34     3.  On conclusion of the presentation 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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