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House Journal: Page 493: Wednesday, February 22, 1995

37   department of corrections shall acknowledge receipt of
38   the warrant and the defendant, and the sheriff shall
39   return the acknowledgment to the office of the clerk
40   of the trial court from which the warrant was issued.
41     2.  Immediately after issuance of a warrant
42   ordering a sentence of death, the clerk of the trial
43   court issuing the warrant shall transmit by certified
44   mail to the governor a copy of the indictment, the
45   plea, the verdict and special findings, the
46   affirmation of judgment and sentence by the supreme
47   court, and the complete transcript of the trial court.
48     3.  Notwithstanding subsection 1, if a defendant,
49   for whom a warrant of execution is issued, is
50   pregnant, the execution shall not take place until
Page  15
 1   after the defendant is no longer pregnant.
 2   Notwithstanding subsection 1, if a defendant, for whom
 3   a warrant of execution is issued, is suffering from
 4   such a diseased or deranged condition of the mind as
 5   to prevent the defendant from knowing the nature and
 6   quality of the act the defendant has been convicted
 7   of, or from understanding that trial on the offense
 8   has taken place and that execution proceedings are
 9   about to take place, or otherwise causes the defendant
10   to lack the capacity to understand the sentence which
11   has been imposed and to participate in any legal
12   proceedings relating to the sentence, the execution
13   shall not take place until after the defendant is no
14   longer suffering from the condition.
15     Sec. 17.  NEW RULE.  EVIDENCE AT PENALTY PROCEEDING
16   WHERE DEATH SENTENCE REQUESTED.
17     1.  At a reasonable time before the commencement of
18   initial proceedings in a first degree murder trial in
19   which a sentence of death has been requested, each
20   party shall file and serve upon the other party the
21   following:
22     a.  A list of all aggravating or mitigating
23   circumstances which the party intends to prove during
24   the sentencing proceedings.
25     b.  The names of all persons whom the party intends
26   to call as witnesses during the sentencing
27   proceedings.
28     c.  Notwithstanding R.Cr.P. 13, copies, or for
29   inspection purposes, the location, of all documents,
30   including books, papers, writings, drawings, graphs,
31   charts, photographs, phone records, and other data
32   compilations from which information can be obtained,
33   or other objects which the party intends to offer into
34   evidence during the sentencing proceedings.  If copies
35   are not supplied to opposing counsel, the party shall
36   make the items available for inspection and copying
37   without order of the court.
38     2.  In proceedings to determine whether the
39   sentence shall be death or life imprisonment, evidence

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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