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House Journal: Page 491: Wednesday, February 22, 1995

35   evidence, the court shall submit each of the following
36   issues to the jury:
37     a.  Whether one or more of the factors enumerated
38   in Iowa Code section 902.12 have been proven.
39     b.  If one or more aggravating circumstances have
40   been established, whether one or more of those
41   circumstances outweigh any one or more mitigating
42   circumstances.
43     c.  Whether the defendant shall be sentenced to
44   death.
45     If the case is not tried to a jury, the court shall
46   determine the issues.
47     4.  The state must prove the issue in subsection 3,
48   paragraph "a" beyond a reasonable doubt, and the jury,
49   or the court if there is no jury, shall return a
50   special verdict of "yes" or "no" on each issue.
Page  13
 1     5.  If the case is tried to a jury, the court shall
 2   charge the jury that:
 3     a.  It shall answer any issue "yes" if it agrees
 4   unanimously.
 5     b.  It shall answer any issue "no" if the jurors
 6   unanimously agree that the answer is "no" or if the
 7   jurors do not unanimously agree that the answer is
 8   "yes".
 9     6.  If the jury, or the court, if there is no jury,
10   returns an affirmative finding on all applicable
11   issues, the court shall sentence the defendant to
12   death.  If the jury or the court returns a negative
13   finding on any applicable issue, the court shall
14   sentence the defendant to the custody of the director
15   of the department of corrections for confinement for
16   the rest of the defendant's life.
17     7.  However, if evidence that the defendant did not
18   directly commit the murder and the defendant did not
19   intend to kill or anticipate that lethal force would
20   be used is presented to the jury, or the court if
21   there is no jury, the jury or the court shall return a
22   special verdict on the issue.  If the jury unanimously
23   determines, or the court, if there is no jury, finds
24   that a preponderance of evidence exists that shows
25   that the defendant did not directly commit the murder
26   and the defendant did not intend to kill or anticipate
27   that lethal force would be used, the court shall enter
28   a judgment of conviction and shall sentence the
29   defendant to life imprisonment as provided in section
30   902.1, subsection 1, even if the jury or the court
31   returns unanimous affirmative findings on each of the
32   issues submitted under subsection 3.
33     8.  Provisions relating to deferred judgment,
34   deferred sentence, suspended sentence, reconsideration
35   of sentence, probation, parole, or work release

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.

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URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00491.html
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