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Forty-fifth Calendar Day - Twenty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, February 22, 1995 The House met pursuant to adjournment at 8:58 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Steve Pike, Martelle Christian Church, Martelle. The Journal of Tuesday, February 21, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Teig of Hamilton, until he arrives, on request of Arnold of Lucas. PETITION FILED By Grundberg and Jacobs of Polk from one hundred twenty-five constituents of Districts 73 and 74, opposing House File 2, relating to the death penalty. INTRODUCTION OF BILLS House File 202, by Shoultz and Teig, a bill for an act to establish a state training certification program for certain private investigators and private security officers. Read first time and referred to committee on state government. House File 203, by Van Maanen, Kremer, Bradley, Vande Hoef and Baker, a bill for an act relating to the location of the office of the commission of veterans affairs, and providing an effective date. Read first time and referred to committee on state government. House File 204, by Boddicker, a bill for an act relating to benefits payable under certain policies or contracts providing for third-party payment or prepayment for diagnostic or surgical procedures involving a bone or joint of the skeletal structure. Read first time and referred to committee on human resources. On motion by Siegrist of Pottawattamie, the House was recessed at 9:03 a.m., until 10:00 a.m. The House reconvened at 10:13 a.m., Rants of Woodbury in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Nelson of Pottawattamie, until she arrives, on request of Schrader of Marion. HOUSE FILE 35 REREFERRED The Speaker announced that House File 35, previously referred to committee on commerce-regulation, was rereferred to committee on natural resources. CONSIDERATION OF BILLS Regular Calendar House File 2, a bill for an act applying the death penalty or life imprisonment, by establishing the offense of capital murder, by providing a minimum age for imposition of a death sentence, by providing for review of death sentences, by providing for execution by lethal injection, by amending the rules of criminal procedure, and by providing for the Act's applicability, with report of committee recommending amendment and passage, was taken up for consideration. Grubbs of Scott offered amendment H-3109 filed by the committee on judiciary as follows: H-3109 1 Amend House File 2 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 13B.4, Code 1995, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION. 6A. The state public defender 7 shall perform all of the following duties with respect 8 to the appointment of counsel for indigent persons in 9 cases in which a sentence of death may be or is to be 10 imposed: 11 a. Provide or contract with attorneys for 12 appointment as lead counsel and co-counsel to provide 13 legal services in cases where a person is charged with 14 murder in the first degree and the state has given 15 notice of intent to seek the death penalty or in cases 16 in which a sentence of death is to be imposed. 17 b. Conduct or sponsor specialized training 18 programs for attorneys representing persons who may be 19 executed. 20 Sec. 2. NEW SECTION. 13D.1 QUALIFICATIONS OF 21 COUNSEL IN DEATH PENALTY CASES. 22 The supreme court shall prescribe rules which 23 establish minimum standards and procedures by which 24 attorneys may become qualified to provide legal 25 services as lead counsel in cases in which a sentence 26 of death may be or is to be imposed. 27 Sec. 3. NEW SECTION. 812A.1 PROCEDURE TO 28 DETERMINE SANITY OF CONDEMNED INMATE. 29 1. At any time prior to execution of an inmate 30 under section 902.1, if the director of the department 31 of corrections or the counsel for a person who is 32 under a sentence of execution has cause to believe 33 that the inmate is suffering from such a diseased or 34 deranged condition of the mind as to prevent the 35 defendant from knowing the nature and quality of the 36 act the defendant has been convicted of, or from 37 understanding that trial on the offense has taken 38 place and that execution proceedings are about to take 39 place, or otherwise causes the defendant to lack the 40 capacity to understand the sentence which has been 41 imposed and to participate in any legal proceedings 42 relating to the sentence, the director or counsel may 43 file a request with the court that issued the warrant 44 for execution for a determination of the inmate's 45 sanity. If the district court determines that there 46 is not sufficient reason to believe that the inmate is 47 insane, the court shall enter an order denying the 48 request and shall state the grounds for denying the 49 request. If the court believes that there is 50 sufficient reason to believe that the inmate is Page 2 1 insane, the court shall suspend the execution and 2 conduct a hearing to determine the sanity of the 3 inmate. 4 2. At the hearing, the court shall determine the 5 issue of the inmate's sanity. The court shall order a 6 psychiatric or psychological examination of the 7 inmate. For that purpose, the court shall appoint two 8 licensed physicians or licensed psychologists, or one 9 licensed physician and one licensed psychologist, who 10 are qualified by training and practice to make such an 11 examination and to examine the inmate and report any 12 findings in writing to the court within ten days after 13 the order of examination is issued. The inmate shall 14 have the right to present evidence and cross-examine 15 any witnesses at the hearing. Any statement made by 16 the inmate during the course of any examination 17 provided for in this section, whether or not the 18 inmate consents to the examination, shall not be 19 admitted into evidence against the convict in any 20 criminal proceeding. 21 3. If, at the conclusion of a hearing held 22 pursuant to this section, the court determines that 23 the inmate is sane, the court shall enter an order 24 setting a date for the convict's execution, which 25 shall be carried into effect in the same manner as 26 provided in the original sentence. A copy of the 27 order shall be sent to the director of the department 28 of corrections and the governor. 29 4. If, at the conclusion of a hearing held 30 pursuant to this section, the court determines that 31 the convict is insane, the court shall suspend the 32 execution until further order. At any time after 33 issuance of the order, if the court has sufficient 34 reason to believe that the inmate has become sane, the 35 court shall again determine the sanity of the inmate 36 as provided by this section. Proceedings pursuant to 37 this section may continue to be held at such times as 38 the court orders until it is either determined that 39 the inmate is sane or incurably insane. 40 Sec. 4. NEW SECTION. 814.28 REVIEW OF DEATH 41 SENTENCE. 42 1. In a case in which a sentence of death is 43 imposed, the supreme court shall automatically review 44 the judgment and sentence. The court's review of the 45 case shall be de novo. The case shall not be 46 transferred to the court of appeals. 47 2. A review by the supreme court of a judgment and 48 sentence imposing the punishment of death has priority 49 over all other criminal and other actions pending 50 before the supreme court. Page 3 1 3. The supreme court shall review the trial and 2 judgment, and separately shall review the sentencing 3 proceeding. Upon determining that errors did not 4 occur at the trial requiring reversal or modification 5 of the judgment, the supreme court shall proceed to 6 determine if the sentence of death is lawfully 7 imposed. In its review of the sentencing proceeding 8 the supreme court shall determine all of the 9 following: 10 a. Whether the sentence of death was imposed 11 capriciously or under the influence of prejudice or 12 other arbitrary factor. 13 b. Whether the special verdicts returned under 14 section 901.11 are supported by the evidence. 15 c. Whether the sentence of death is excessive or 16 disproportionate to the penalty imposed in similar 17 cases, considering both the crime and the defendant. 18 4. If the supreme court determines that the 19 sentence of death was not lawfully imposed, the court 20 shall set aside the sentence and shall remand the case 21 to the trial court for imposition of a sentence of 22 life imprisonment. 23 5. If the supreme court affirms the judgment and 24 sentence of death, the clerk of the supreme court 25 shall certify the judgment of the supreme court under 26 the seal of the court to the clerk of the trial court. 27 Sec. 5. Section 815.10, Code 1995, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION. 1A. The court shall appoint for 30 each indigent person who is charged with murder in the 31 first degree and in which a notice of intent to seek 32 the death penalty has been filed two attorneys to 33 represent the person in the murder proceedings and in 34 all state legal proceedings which take place from the 35 time the person is arraigned until the time of 36 sentencing on the charge. Only private attorneys and 37 public defenders who are qualified for representation 38 in cases in which the death penalty may be imposed are 39 eligible for appointment or assignment to a case in 40 which the death penalty may be imposed. 41 Sec. 6. NEW SECTION. 901.11 MURDER PROCEEDINGS 42 -- REQUEST FOR DEATH PENALTY -- PENALTY PROCEEDINGS. 43 1. If a notice of intent to seek the death penalty 44 has been filed, objections to the imposition of the 45 death penalty based upon allegations that a defendant 46 was mentally retarded at the time of the commission of 47 the offense shall be raised within the time provided 48 for the filing of pretrial motions under rule of 49 criminal procedure 10, Iowa court rules, third 50 edition. The court may, for good cause shown, allow Page 4 1 late filing of the motion. Hearing on the motion 2 shall be held prior to trial and the burden of proof 3 shall be on the defendant to prove mental retardation 4 by a preponderance of the evidence. However, a 5 rebuttable presumption of mental retardation arises if 6 a defendant has an intelligence quotient of seventy or 7 below. A finding of the court that the evidence 8 presented by the defendant at the hearing does not 9 preclude the imposition of the death penalty under 10 this section and section 902.12 shall not preclude the 11 introduction of evidence of mental retardation during 12 the penalty proceeding. If the court finds that 13 evidence of mental retardation does not preclude 14 imposition of the death penalty, evidence of mental 15 retardation may be reviewed by the jury in the penalty 16 proceeding and the jury shall not be informed of the 17 finding in the initial proceeding at any time during 18 the penalty proceeding. 19 2. If at the trial of a charge of murder in the 20 first degree, the state intends to request that the 21 death penalty be imposed under section 902.1, 22 subsection 2, the prosecutor shall file a notice of 23 intent to seek the death penalty, listing the factors 24 enumerated under section 902.12 that the state intends 25 to establish in support of imposition of the death 26 penalty, at the time of and as part of the information 27 or indictment filed in the case. 28 3. If a notice of intent to seek the death penalty 29 has been filed, the trial shall be conducted in 30 bifurcated proceedings before the same trier of fact. 31 During the initial proceeding, the jury, or the court, 32 if the defendant waives the right to a jury trial, 33 shall decide only whether the defendant is guilty or 34 not guilty of murder in the first degree. 35 a. If, in the initial proceeding, the court or 36 jury finds the defendant guilty of, or the defendant 37 pleads guilty to, an offense other than murder in the 38 first degree, the court shall sentence the defendant 39 in accordance with the sentencing procedures set forth 40 in rule of criminal procedure 22, Iowa court rules, 41 third edition, and chapters 901 through 909, which are 42 applicable to the offense. 43 b. If the court or jury finds the defendant guilty 44 of, or the defendant pleads guilty to, murder in the 45 first degree, but the prosecuting attorney waives the 46 death penalty, the court shall sentence the defendant 47 to life imprisonment in accordance with the sentencing 48 procedures set forth in rule of criminal procedure 22, 49 Iowa court rules, third edition, and chapters 901 50 through 909, which are applicable to convictions of Page 5 1 murder in the first degree. 2 c. If the court or jury finds the defendant guilty 3 of murder in the first degree, or a defendant enters a 4 plea of guilty in the initial proceeding, and the 5 prosecuting attorney does not waive imposition of the 6 death penalty, a penalty proceeding shall be held in 7 the manner provided in subsections 4 through 9. 8 4. No sooner than twenty-four hours after a 9 verdict of guilty or a plea of guilty to the charge of 10 murder in the first degree is returned in the initial 11 proceeding, a penalty proceeding shall be held 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 the defendant has waived the right to 16 a jury trial. In the proceeding, evidence relevant to 17 the existence of any aggravating or mitigating 18 circumstances may be presented as follows: 19 a. The state or the defendant may present evidence 20 relevant to any of the factors enumerated in section 21 902.12 and any aggravating circumstances other than 22 juvenile delinquency adjudications for offenses which 23 carry penalties equivalent to the penalties imposed 24 for simple or serious misdemeanors. The state shall 25 be required to prove the existence of any of the 26 factors enumerated in section 902.12 beyond a 27 reasonable doubt. 28 b. The defendant may present evidence that the 29 defendant was mentally retarded at the time of the 30 commission of the offense. The burden of proof shall 31 be on the defendant to prove mental retardation by a 32 preponderance of the evidence. However, a rebuttable 33 presumption of mental retardation arises if a 34 defendant has an intelligence quotient of seventy or 35 below. 36 c. The state or the defendant may present evidence 37 relevant to any mitigating circumstances which may 38 exist. Mitigating circumstances may include the 39 following circumstances: 40 (1) The defendant was under the influence of an 41 extreme mental or emotional disturbance insufficient 42 to constitute a defense. 43 (2) The victim solicited, participated in, or 44 consented to the conduct which resulted in the 45 victim's death. 46 (3) The age of the defendant at the time of the 47 murder. 48 (4) The defendant's capacity to appreciate the 49 wrongfulness of the defendant's conduct and to conform 50 that conduct to the requirements of law was Page 6 1 significantly impaired as a result of a mental disease 2 or defect or mental retardation, but not to a degree 3 sufficient to constitute a defense. 4 (5) The defendant has no significant history of 5 prior adult criminal activity or prior juvenile 6 criminal activity involving offenses which carry 7 penalties equivalent to the penalties imposed for 8 aggravated misdemeanors or felonies. 9 (6) The defendant acted under extreme duress or 10 under the substantial domination of another person. 11 (7) The defendant did not directly commit the 12 murder and the defendant did not intend to kill or 13 anticipate that lethal force would be used. 14 (8) Any other factor which is relevant to the 15 defendant's character or record or to the 16 circumstances of the offense. 17 (9) The defendant rendered substantial assistance 18 to the state in the prosecution of another person for 19 the crime of murder. 20 d. The state and the defendant or the defendant's 21 counsel shall be permitted to present and cross- 22 examine witnesses and present arguments for or against 23 a sentence of death. The court shall receive any 24 evidence offered that is required to be presented 25 under the rules of criminal procedure. The admission 26 of evidence in support of the existence of a factor 27 enumerated in section 902.12 shall be governed by the 28 rules governing admissibility of evidence at a 29 criminal trial. Evidence regarding aggravating and 30 mitigating circumstances shall not be governed by the 31 rules governing admissibility of evidence, except that 32 introduction of evidence secured in violation of the 33 Constitution of the United States or of the 34 Constitution of the State of Iowa shall not be 35 permitted. 36 5. At the conclusion of presentation of evidence 37 in the penalty proceeding, the following issues shall 38 be determined by the jury or the court, if there is no 39 jury: 40 a. Whether one or more of the factors enumerated 41 in section 902.12 have been established beyond a 42 reasonable doubt. 43 b. If one or more aggravating circumstances are 44 established, whether the aggravating circumstance or 45 circumstances outweigh any one or more mitigating 46 circumstances. 47 c. Whether the defendant shall be sentenced to 48 death. 49 6. A recommendation for a sentence of death shall 50 not be permitted if the recommendation is based on the Page 7 1 race, color, religious beliefs, national origin, or 2 sex of the defendant or the victim. After submission 3 of the issues, but prior to the return of a finding in 4 the penalty proceeding, if the matter is tried before 5 a jury, the court shall instruct the jury that in 6 considering whether a sentence of death is justified, 7 it shall not consider race, color, religious beliefs, 8 national origin, or sex of the defendant or of any 9 victim. The court shall further instruct the jury 10 that it shall not return a sentence of death unless it 11 concludes that such a sentence would be recommended no 12 matter what the race, color, religious beliefs, 13 national origin, or sex of the defendant or victim may 14 be. 15 7. If the jury, or the court if there is no jury, 16 returns a unanimous affirmative finding on each of the 17 issues submitted under subsection 5, paragraphs "a", 18 "b", and "c", the court shall enter a judgment of 19 conviction and shall sentence the defendant to death 20 as provided in section 902.1, subsection 2. 21 8. However, if evidence that the defendant did not 22 directly commit the murder and the defendant did not 23 intend to kill or anticipate that lethal force would 24 be used is presented to the jury, or the court, if 25 there is no jury, the jury or the court shall return a 26 special verdict on the issue. If the jury unanimously 27 determines, or the court, if there is no jury, finds 28 that a preponderance of evidence exists that shows 29 that the defendant did not directly commit the murder 30 and the defendant did not intend to kill or anticipate 31 that lethal force would be used, the court shall enter 32 a judgment of conviction and shall sentence the 33 defendant to life imprisonment as provided in section 34 902.1, subsection 1, even if the jury or the court 35 returns unanimous affirmative findings on each of the 36 issues submitted under subsection 5. 37 9. If the jury, or the court, if there is no jury, 38 returns a negative finding on any of the issues 39 submitted under subsection 5, paragraphs "a", "b", and 40 "c", the court shall enter a judgment of conviction 41 and shall sentence the defendant to life imprisonment 42 as provided in section 902.1, subsection 1. 43 10. This section shall not apply to a defendant 44 who was under the age of eighteen at the time the 45 offense was committed. 46 Sec. 7. Section 902.1, Code 1995, is amended to 47 read as follows: 48 902.1 CLASS "A" FELONY. 49 1.UponExcept as otherwise provided in subsection~ 50 2, upon a plea of guilty, a verdict of guilty, or a Page 8 1 special verdict upon which a judgment of conviction of 2 a class "A" felony may be rendered, the court shall 3 enter a judgment of conviction and shall commit the 4 defendant into the custody of the director of the Iowa 5 department of corrections for the rest of the 6 defendant's life. Nothing in the Iowa corrections 7 code pertaining to deferred judgment, deferred 8 sentence, suspended sentence, or reconsideration of 9 sentence applies to a sentence of life imprisonment 10 for a class "A" felony, and a person convicted of a 11 class "A" felony and sentenced to life imprisonment 12 shall not be released on parole unless the governor 13 commutes the sentence to a term of years. 14 2. Upon return of a plea or verdict of guilty to 15 the offense of murder in the first degree under 16 section 707.2 and a return of a verdict in favor of a 17 sentence of death in a penalty proceeding conducted as 18 provided in section 901.11, the court shall enter a 19 judgment of conviction and shall commit the defendant 20 into the custody of the director of the Iowa 21 department of corrections. The sentence shall be 22 carried out by the administration of a lethal 23 injection pursuant to rules adopted by the board of 24 corrections. If a defendant, for whom a warrant of 25 execution is issued, is pregnant, the execution shall 26 not take place until after the defendant is no longer 27 pregnant. If a defendant, for whom a warrant of 28 execution is issued, is suffering from such a diseased 29 or deranged condition of the mind as to prevent the 30 defendant from knowing the nature and quality of the 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 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. 33 2. Data collected by public officials concerning 34 factors relevant to the imposition of the death 35 sentence shall be made publicly available. 36 Sec. 11. NEW SECTION. 903B.1 EXECUTIONS -- 37 REFUSAL TO PERFORM. 38 An employee of the state who may lawfully perform, 39 assist, or participate in the execution of a person 40 pursuant to section 902.1, and rules adopted by the 41 department of corrections, shall not be required to 42 perform, assist, or participate in the execution. 43 State employees who refuse to perform, assist, or 44 participate in the execution of a person shall not be 45 discriminated against in any way, including, but not 46 limited to, employment, promotion, advancement, 47 transfer, licensing, education, training, or the 48 granting of any privileges or appointments because of 49 the refusal to perform, assist, or participate in the 50 execution. Page 11 1 Sec. 12. Section 904.105, Code 1995, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION. 9A. Adopt rules pursuant to 4 chapter 17A pertaining to executions of persons 5 convicted of murder in the first degree. Rules 6 adopted shall include, but are not limited to, rules 7 permitting the witnessing of executions by members of 8 the public. Invitations to witness an execution shall 9 at least be extended to the following representatives 10 of the news media: 11 a. A representative from a wire service serving 12 Iowa. 13 b. A representative from a broadcasting network 14 serving Iowa. 15 c. A representative from a television station 16 located in Iowa. 17 d. A representative from a radio station located 18 in Iowa. 19 e. A representative from a daily newspaper 20 published in Iowa. 21 f. A representative from a weekly newspaper 22 published in Iowa. 23 g. A representative from the news media from the 24 community in which the condemned person resided, if 25 that community is located in Iowa. 26 Sec. 13. Rules of criminal procedure, Iowa court 27 rules, third edition, are amended by adding sections 28 14 through 17 of this Act. 29 Sec. 14. NEW RULE. MURDER IN THE FIRST DEGREE -- 30 PROCEDURE. 31 1. If a notice of intent to seek the death penalty 32 has been filed, objections to the imposition of the 33 death penalty based upon allegations that a defendant 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 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 36 contained in Iowa Code chapters 901 through 909 do not 37 apply to a conviction of murder in the first degree if 38 the defendant is sentenced to death. 39 Sec. 15. NEW RULE. AUTOMATIC REVIEW -- STAY OF 40 EXECUTION OF JUDGMENT. 41 1. A judgment of conviction and sentence of death 42 shall be reviewed automatically in the manner provided 43 in Iowa Code section 814.28, and the Iowa supreme 44 court has exclusive jurisdiction of the review. 45 2. Upon entry of judgment and sentence of death, 46 the trial court shall prepare a complete record and 47 transcript of the action in the manner provided in the 48 rules of criminal procedure and shall docket the 49 record and transcript with the clerk of the supreme 50 court. Page 14 1 3. The execution of judgment of the trial court is 2 stayed as a matter of law from the time of its entry 3 until the judgment of the supreme court is certified 4 to and entered by the trial court. Upon entry of a 5 judgment of the supreme court which affirms the 6 conviction and sentence, the stay of execution of 7 judgment terminates as a matter of law. 8 4. All court costs required due to the automatic 9 preparation of the record and transcript, docketing 10 with the supreme court, and stay of execution of 11 judgment shall be assessed to the state. 12 Sec. 16. NEW RULE. ISSUANCE OF WARRANT. 13 1. Upon entry by the trial court of the judgment 14 of the supreme court affirming a judgment and sentence 15 of death, a district judge shall within five days of 16 the entry issue a warrant under the seal of the court 17 for the execution of the sentence of death. The 18 warrant shall specifically set forth the offense and 19 the fact of conviction, shall state the judgment and 20 sentence of the court, shall state that the judgment 21 and sentence were affirmed by the supreme court and 22 the date of entry of judgment of the supreme court in 23 the trial court, and shall, subject to the 24 requirements of Iowa Code section 902.1, subsection 2, 25 specify the date fixed for execution of the defendant 26 which shall be not less than fifty nor more than sixty 27 days after the date of entry in the trial court of the 28 judgment of the supreme court affirming the judgment 29 and sentence of death. The warrant shall be directed 30 to the director of the department of corrections 31 commanding the director to cause the warrant to be 32 executed on the date specified. The trial court shall 33 deliver the warrant to the sheriff of the county in 34 which judgment of conviction was entered and the 35 sheriff shall deliver the warrant to the director of 36 the department of corrections. The director of the 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 40 may be presented as to any matter which the trial 41 court deems relevant to the sentence, including but 42 not limited to the nature, circumstances, and manner 43 of completion of the murder, and the defendant's 44 character, background, history, and mental and 45 physical condition. The trial court shall admit any 46 relevant admissible evidence respecting any 47 aggravating or mitigating circumstances, if the party 48 has included the circumstance on a list provided 49 pursuant to this rule, or good cause is shown for the 50 failure to do so. Page 16 1 Sec. 18. APPLICABILITY. This Act applies to 2 offenses committed on or after the effective date of 3 this Act." 4 2. Title page, line 1, by inserting after the 5 word "imprisonment" the following: "for the offense 6 of first degree murder". 7 3. Title page, by striking line 2 and inserting 8 the following: "establishing circumstances under 9 which the death penalty will be applied, by providing 10 a". The House stood at ease at 10:37 a.m., until the fall of the gavel. The House resumed session at 11:25 a.m., Rants of Woodbury in the chair. Weigel of Chickasaw asked and received unanimous consent to defer action on amendment H-3154, to the committee amendment H-3109. Brand of Benton offered the following amendment H-3154, to the committee amendment H-3109, filed by Brand, Bernau, Mascher and Shoultz from the floor and moved its adoption: H-3154 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 1, by inserting after line 26, the 4 following: 5 "Sec. ___. Section 216A.133, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 8. Review the effects of the 8 reinstatement of the death penalty on arrest, 9 prosecution, conviction, and incarceration rates; law 10 enforcement duties and ability to obtain evidence 11 necessary for arrests; court dockets and workload; 12 prison space; recidivism rates of persons charged with 13 crimes of violence against persons; and other aspects 14 of the criminal justice system. Based on the review 15 and other factors deemed relevant, the council shall 16 make findings and develop recommendations resulting 17 from those findings. Commencing January 1, 1997, the 18 council shall report its findings and any related 19 recommendations annually to the governor and to the 20 general assembly." 21 2. By designating, redesignating, and correcting 22 internal references, as necessary. Amendment H-3154 was adopted. Kreiman of Davis offered the following amendment H-3136, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3136 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 2, by inserting after line 39 the 4 following: 5 "Sec. ___. NEW SECTION. 813.5 DEATH PENALTY 6 REQUEST REVIEW PANEL. 7 1. The death penalty request review panel is 8 established, consisting of three retired judges or 9 justices who shall be appointed by the governor, 10 subject to confirmation by the senate. The duties of 11 the death penalty request review panel shall be to 12 review proposed requests for imposition of the death 13 penalty filed with the panel by the attorney 14 representing the interests of the state and to 15 authorize or disallow the requests. The members of 16 the panel shall serve four-year staggered terms, which 17 shall begin and end as provided in section 69.19. The 18 panel shall be balanced, as nearly as is possible, by 19 gender and political affiliation as provided in 20 sections 69.16 and 69.16A. Members appointed shall be 21 compensated for any actual and necessary expenses of 22 office in the manner provided in section 7E.6. 23 2. An attorney representing the interests of the 24 state who wishes to seek the death penalty in any 25 case, must first submit the request to seek the death 26 penalty to the panel and seek permission to file the 27 notice. The attorney must demonstrate to the panel 28 how the facts of the particular case meet the 29 requirements of section 902.12 and why a sentence of 30 imprisonment until death is insufficient. The 31 attorney shall not file a notice of intent to seek the 32 death penalty in any case in which the panel has 33 disallowed the request. If the panel fails to approve 34 or disapprove the request within thirty days of 35 submission of the request or the panel approves the 36 request, the attorney may file the notice as provided 37 in section 901.11. 38 3. Before the panel approves or disapproves a 39 request to seek the death penalty, the counsel for the 40 defendant shall be notified of the filing of the 41 request and shall be given the opportunity, both 42 orally and in writing, to contest the request and to 43 demonstrate that the request is inappropriate in the 44 particular case. The panel may deny the attorney 45 representing the interests of the state's request, if 46 the panel determines that the ends of justice would 47 not be served by the imposition of a death sentence. 48 All factual information submitted by the attorney 49 representing the interests of the state shall be 50 retained by the panel for an indefinite period of Page 2 1 time. The panel shall make the information available 2 to members of the general public upon request, at the 3 conclusion of the trial court proceedings, and to the 4 defendant prior to or during the course of trial 5 pursuant to a subpoena." 6 2. By designating, redesignating, and correcting 7 internal references as necessary. Roll call was requested by Baker of Polk and Shoultz of Black Hawk . On the question "Shall amendment H-3136, to the committee amendment H-3109, be adopted?" (H.F. 2 ) The ayes were, 31: Baker Bell Bernau Brand Burnett Cohoon Connors Doderer Drees Fallon Grundberg Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Murphy Myers O'Brien Ollie Running Schrader Shoultz Weigel Witt The nays were, 65: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Mundie Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Rants, Presiding Absent or not voting, 4: Brammer Greiner Nelson, L. Warnstadt Amendment H-3136 lost. Moreland of Wapello offered the following amendment H-3146, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3146 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 3, by inserting after line 17 the 4 following: 5 " . The court shall also, upon the request of 6 the defendant, in addition to any other determination, 7 review whether the sentence of death is excessive or 8 disproportionate to the penalty imposed in similar 9 cases by virtue of the race of the defendant or the 10 victim of the crime for which the defendant was 11 convicted. For purposes of this section: 12 a. The universe of potentially similar cases 13 considered by the courts shall include all cases in 14 which an indictment was returned for the charge of 15 first degree murder on or after the effective date of 16 this Act, which did not result in the dismissal of the 17 indictment or a judgment of acquittal, and in which 18 one or more of the statutory factors enumerated in 19 section 902.12 is present. 20 b. Cases similar to the case under review shall be 21 identified by assessing and comparing the overall 22 culpability of offenders' conduct as determined by the 23 presence or absence of aggravating or mitigating 24 factors in potentially similar cases, combined with 25 such other criteria as the court deems appropriate. 26 c. The determination of whether the sentence is 27 excessive or disproportionate shall be based upon the 28 relative frequency with which death sentences are 29 imposed in similar cases." 30 2. Page 3, by inserting after line 22 the 31 following: 32 " . The court may suspend consideration of death 33 penalty cases until such time as the court determines 34 that the court is prepared to perform the comparative 35 assessments required under this section. The court 36 shall appoint one or more special administrative 37 assistants possessing appropriate expertise and 38 training to accumulate the case records and to compile 39 and provide such other information as the court deems 40 necessary for their review. 41 . The briefs filed on the appeal by the state 42 and the defendant shall include written argument 43 regarding the propriety of the sentence that was 44 imposed and shall specifically address the issue of 45 whether the imposition of the death sentence is 46 excessive or disproportionate to the sentence imposed 47 in similar cases, if any, considering both the crime 48 and the defendant." 49 3. Page 3, line 26, by inserting after the word 50 "court." the following: "Decisions of the court shall Page 2 1 include findings relating to the aggravating and 2 mitigating factors established in the record on 3 appeal, including an assessment of the offender's 4 level of culpability, and similar cases, if any, which 5 the court took into consideration, in affirming or 6 reversing the trial court judgment." 7 4. By numbering, renumbering, and correcting 8 internal references as necessary. Roll call was requested by Baker of Polk and Fallon of Polk. On the question "Shall amendment H-3146, to the committee amendment H-3109, be adopted?" ( H.F. 2 ) The ayes were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Fallon Halvorson Hanson Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Gries Grubbs Grundberg Hahn Hammitt Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Myers Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 5: Brammer Drees Greiner Nelson, L. Van Fossen Amendment H-3146 lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 2 be deferred. (Amendment H-3109, as amended, pending) On motion by Siegrist of Pottawattamie, the House was recessed at 12:22 p.m., until 1:30 p.m. AFTERNOON SESSION The House reconvened at 1:32 p.m., Rants of Woodbury in the chair. CONSIDERATION OF BILLS Regular Calendar The House resumed consideration of House File 2, a bill for an act applying the death penalty or life imprisonment, by establishing the offense of capital murder, by providing a minimum age for imposition of a death sentence, by providing for review of death sentences, by providing for execution by lethal injection, by amending the rules of criminal procedure, and by providing for the Act's applicability, previously deferred, and the committee amendment H-3109, as amended, pending. Doderer of Johnson offered the following amendment H-3138, to the committee amendment H-3109, filed by Doderer, Jochum, Connors, Bernau, Mascher and Burnett from the floor and moved its adoption: H-3138 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 3, line 22, by striking the words "life 4 imprisonment" and inserting the following: 5 "imprisonment until death". 6 2. Page 3, by inserting after line 40 the 7 following: 8 "Sec. ___. Section 818.14, Code 1995, is amended 9 to read as follows: 10 818.14 BAIL. 11 Unless the crime with which the prisoner is charged 12 is shown to be an offense punishable by death orlife13 imprisonment until death under the laws of the 14 demanding state, a judge or magistrate in the asylum 15 state may admit the person arrested to bail by bond 16 with sufficient sureties, and in such sum as the judge 17 or magistrate deems proper, conditioned for the 18 prisoner's appearance before the judge or magistrate 19 at a time specified in such bond, and for the 20 prisoner's surrender. In the event of a violation of 21 the conditions of said bond, forfeiture thereof and 22 recovery thereon may be had as in the case of 23 appearance bonds given by accused persons in criminal 24 proceedings in the asylum state. 25 Sec. ___. Section 820.16, Code 1995, is amended to 26 read as follows: 27 820.16 BAIL -- EXCEPTIONS. 28 Unless the offense with which the prisoner is 29 charged is shown to be an offense punishable by death 30 orlifeimprisonment until death under the laws of the 31 state in which it was committed, a judge or magistrate 32 in this state may admit the person arrested to bail by 33 bond, with sufficient sureties, and in such sum as the 34 judge or magistrate deems proper, conditioned for the 35 prisoner's appearance before the judge or magistrate 36 at a time specified in such bond, and for the 37 prisoner's surrender, to be arrested upon the warrant 38 of the governor of this state." 39 3. Page 4, line 47, by striking the words "life 40 imprisonment" and inserting the following: 41 "imprisonment until death". 42 4. Page 5, line 13, by striking the words "life 43 imprisonment" and inserting the following: 44 "imprisonment until death". 45 5. Page 7, line 33, by striking the words "life 46 imprisonment" and inserting the following: 47 "imprisonment until death". 48 6. Page 7, line 41, by striking the words "life 49 imprisonment" and inserting the following: 50 "imprisonment until death". Page 2 1 7. Page 8, lines 5 and 6, by striking the words 2 "for the rest of the defendant's life" and inserting 3 the following: "for the rest of the defendant's life4 until the defendant's death". 5 8. Page 8, line 9, by striking the words "life 6 imprisonment" and inserting the following: 7 "imprisonment until death". 8 9. Page 8, line 11, by striking the words "life 9 imprisonment" and inserting the following: 10 "imprisonment until death". 11 10. Page 9, line 6, by striking the words "life 12 imprisonment" and inserting the following: 13 "imprisonment until death". 14 11. Page 10, by inserting after line 35 the 15 following: 16 "Sec. ___. Section 903A.2, subsections 4 and 5, 17 Code 1995, are amended to read as follows: 18 4. Good conduct time earned and not forfeited 19 shall accrue to an inmate serving alifesentence of 20 imprisonment until death. The good conduct time so 21 accrued does not apply to reduce thelifesentence of 22 imprisonment until death, but shall be credited to the 23 inmate on the date of commutation, if thelife24 sentence of imprisonment until death is commuted to a 25 term of years. 26 5. Except inlifesentences of imprisonment until 27 death, good conduct time shall be credited to the 28 maximum sentence annually on the date of admission." 29 12. Page 12, line 13, by striking the words "life 30 imprisonment" and inserting the following: 31 "imprisonment until death". 32 13. Page 13, by striking lines 15 and 16 and 33 inserting the following: "of the department of 34 corrections for confinement until the defendant's 35 death." 36 14. Page 13, line 29, by striking the words "life 37 imprisonment" and inserting the following: 38 "imprisonment until death". 39 15. Page 15, line 39, by striking the words "life 40 imprisonment" and inserting the following: "imprison- 41 ment until death". 42 16. By designating and redesignating and 43 correcting internal references as necessary. A non-record roll call was requested. The ayes were 41, nays 54. Amendment H-3138 lost. Connors of Polk offered the following amendment H-3123, to the committee amendment H-3109, filed by him and moved its adoption: H-3123 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 3, by striking lines 31 and 32 and 4 inserting the following: "first degree two attorneys 5 to". 6 2. Page 3, by striking lines 39 and 40 and 7 inserting the following: "eligible for appointment or 8 assignment to a first degree murder case." 9 3. Page 4, line 10, by striking the words and 10 figure "and section 902.12". 11 4. Page 4, by inserting after line 18 the 12 following: 13 "For purposes of this subsection, "mentally 14 retarded" means significant subaverage general 15 intellectual functioning accompanied by significant 16 deficits or impairments in adaptive functioning 17 manifested in the developmental period, but no later 18 than the age of eighteen years, and accompanied by 19 deficits in adaptive behavior." 20 5. Page 4, by striking lines 23 through 27 and 21 inserting the following: "intent to seek the death 22 penalty as part of the information or indictment filed 23 in the case." 24 6. Page 5, by striking lines 20 and 21 and 25 inserting the following: "relevant to any aggravating 26 circumstances other than". 27 7. Page 5, by striking lines 24 through 27 and 28 inserting the following: "for simple or serious 29 misdemeanors." 30 8. Page 6, by striking lines 25 through 29 and 31 inserting the following: "under the rules of criminal 32 procedure. Evidence regarding aggravating and". 33 9. Page 6, by striking lines 40 through 42. 34 10. Page 7, lines 17 and 18, by striking the 35 words ""a", "b", and "c"" and inserting the following: 36 ""a" and "b"". 37 11. Page 7, lines 39 and 40, by striking the 38 words ""a", "b", and "c"" and inserting the following: 39 ""a" and "b"". 40 12. By striking page 9, line 14, through page 10, 41 line 20. 42 13. Page 11, line 47, by striking the words and 43 figure "and section 902.12". 44 14. Page 12, by striking lines 18 and 19 and 45 inserting the following: "additional evidence may be 46 presented as to any". 47 15. Page 12, by striking lines 21 through 23 and 48 inserting the following: "exist." 49 16. Page 12, by striking lines 37 and 38. 50 17. Page 12, by striking lines 47 and 48 and Page 2 1 inserting the following: 2 "4. The jury,". 3 18. By renumbering and correcting internal 4 references as necessary. A non-record roll call was requested. The ayes were 8, nays 64. Amendment H-3123 lost. Holveck of Polk asked and received unanimous consent to defer action on amendment H-3165, to the committee amendment H-3109. Doderer of Johnson offered the following amendment H-3137, to the committee amendment H-3109, filed by her from the floor and moved its adoption: H-3137 1 Amend the amendment, H-3109, to House File 2, as 2 follows: 3 1. Page 4, line 7, by inserting after the word 4 "below." the following: "If the court finds that the 5 defendant is mentally retarded, the defendant, if 6 convicted of murder in the first degree, shall be 7 sentenced to life imprisonment in the manner provided 8 in section 902.1, subsection 1." Amendment H-3137 was adopted. Kreiman of Davis offered the following amendment H-3160, to the committee amendment H-3109, filed by Kreiman, May and Burnett from the floor and moved its adoption: H-3160 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 4, line 30, by inserting after the word 4 "fact." the following: "However, if there was no jury 5 in the initial proceeding or the defendant waived the 6 right to jury trial in the initial proceeding, the 7 defendant may demand a jury for the penalty proceeding 8 by filing an oral or written request with the court." 9 2. Page 5, line 14, by striking the words "the 10 trial jury" and inserting the following: "a jury". 11 3. Page 5, line 16, by inserting after the word 12 "trial" the following: "in the initial proceeding and 13 has not filed a demand for jury trial or has waived 14 the right to trial by jury in the penalty proceeding". 15 4. Page 12, line 14, by striking the words "the 16 trial jury" and inserting the following: "a jury". A non-record roll call was requested. The ayes were 30, nays 57. Amendment H-3160 lost. Fallon of Polk asked and received unanimous consent to defer action on amendment H-3164, to the committee amendment H-3109. Kreiman of Davis offered the following amendment H-3143, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3143 1 Amend the amendment, H-3109, to House File 2, as 2 follows: 3 1. Page 4, line 34, by inserting after the word 4 "degree." the following: "If a notice of intent to 5 seek the death penalty has been filed, and has not 6 been waived prior to trial, at trial each party shall 7 have the right to individualized, sequestered, 8 counsel-conducted voir dire. The court shall be 9 present throughout voir dire proceedings and the 10 proceedings shall be recorded and transcribed." 11 2. Page 12, by inserting after line 6 the 12 following: 13 " . If a notice of intent to seek the death 14 penalty has been filed, and has not been waived prior 15 to trial, at trial each party shall have the right to 16 individualized, sequestered, counsel-conducted voir 17 dire. The court shall be present throughout voir dire 18 proceedings and the proceedings shall be recorded and 19 transcribed." 20 3. By designating, redesignating, and changing 21 internal references as necessary. A non-record roll call was requested. The ayes were 31, nays 57. Amendment H-3143 lost. Kreiman of Davis offered amendment H-3155, to the committee amendment H-3109, filed by Kreiman, Moreland and Bernau from the floor and requested division as follows: H-3155 1 Amend the amendment, H-3109, to House File 2, as 2 follows: H-3155A 3 1. Page 5, line 16, by inserting after the word 4 "trial." the following: "Both the state and the 5 defendant shall have the right to present opening 6 statements at the commencement of the penalty 7 proceedings." H-3155B 8 2. Page 5, by striking lines 21 through 24 and 9 inserting the following: "902.12 and any aggravating 10 circumstances. The state shall". On motion by Kreiman of Davis, amendment H-3155A, to the committee amendment H-3109, was adopted. Millage of Scott offered the following amendment H-3135, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3135 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 5, line 24, by inserting after the word 4 "misdemeanors." the following: "The state may 5 introduce evidence of the actual harm caused by the 6 commission of the murder including, but not limited 7 to, evidence relating to the life of the victim and 8 the impact of the loss of the victim to the victim's 9 family and society." Amendment H-3135 was adopted. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-3155B, to the committee amendment H-3109, filed by Kreiman, Moreland and Bernau. Holveck of Polk offered the following amendment H-3161, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3161 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 5, line 27, by inserting after the word 4 "doubt" the following: "by evidence that includes the 5 testimony of at least two witnesses to the murder who 6 viewed the murder from the same vantage point". 7 2. Page 6, line 29, by inserting after the word 8 "trial" the following: ", except that the testimony 9 of the defendant or a parent, child, or sibling of the 10 defendant shall not be admissible for purposes of 11 establishing the existence of a factor enumerated 12 under section 902.12, or any aggravating 13 circumstance". 14 3. Page 12, line 23, by inserting after the word 15 "evidence" the following: ", except that the 16 testimony of the defendant or a parent, child, or 17 sibling of the defendant shall not be admissible for 18 purposes of establishing the existence of a factor 19 enumerated under section 902.12, or any aggravating 20 circumstance". 21 4. Page 12, line 48, by inserting after the word 22 "doubt" the following: "by evidence that includes the 23 testimony of at least two witnesses to the murder who 24 viewed the murder from the same vantage point". Roll call was requested by Baker of Polk and Fallon of Polk. On the question "Shall amendment H-3161, to the committee amendment H-3109, be adopted?" (H.F. 2 ) The ayes were, 30: Baker Bell Bernau Brand Burnett Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Mascher May McCoy Mertz Moreland Mundie Murphy Myers O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Witt The nays were, 68: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Cohoon Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larkin Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Rants, Presiding Absent or not voting, 2: Brammer Metcalf Nelson, L. Corbett Amendment H-3161 lost. Speaker pro tempore Van Maanen of Marion in the chair at 4:02 p.m. Kreiman of Davis offered the following amendment H-3167, to the committee amendment H-3109, filed by him and Bernau from the floor and moved its adoption: H-3167 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 6, by inserting after line 13 the 4 following: 5 "( ) Another defendant, who is equally culpable 6 in the murder, will not receive or has not received a 7 sentence of death for participation in the offense." 8 2. By designating, redesignating, and correcting 9 internal references as necessary. A non-record roll call was requested. The ayes were 23, nays 57. Amendment H-3167 lost. Hurley of Fayette offered the following amendment H-3148, to the committee amendment H-3109, filed by him and Drake from the floor and moved its adoption: H-3148 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 6, by inserting after line 19 the 4 following: 5 "(__). The evidence which establishes that the 6 defendant committed murder in the first degree either 7 does not include the testimony of two or more 8 eyewitnesses or is not irrefutable." 9 2. By numbering, renumbering, and correcting 10 internal references as necessary. Amendment H-3148 was adopted. Rants of Woodbury in the chair at 4:28 p.m. Holveck of Polk asked and received unanimous consent to withdraw amendment H-3162, to the committee amendment H-3109, filed by him from the floor. Kreiman of Davis offered amendment H-3166, to the committee amendment H-3109, filed by him from the floor and requested division as follows: H-3166 1 Amend the amendment, H-3109, to House File 2 as 2 follows: H-3166A 3 1. Page 6, line 35, by inserting after the word 4 "permitted." the following: "At the conclusion of 5 evidence in the penalty proceeding, both the state and 6 the defendant shall be permitted to make rebuttal 7 arguments." 8 2. Page 6, line 36, by inserting after the word 9 "evidence" the following: "and arguments". H-3166B 10 3. Page 6, line 37, by inserting after the word 11 "proceeding," the following: "neither the state nor 12 the defendant shall be permitted to make any further 13 rebuttal arguments and". Kreiman of Davis asked and received unanimous consent to defer action on amendment H-3166A, to the committee amendment H-3109. Kreiman of Davis asked and received unanimous consent to defer action on amendment H-3166B, to the committee amendment H-3109. Moreland of Wapello asked and received unanimous consent to defer action on amendment H-3156, to the committee amendment H-3109. Moreland of Wapello offered the following amendment H-3147, to the committee amendment H-3109, filed by Moreland, Jochum, Bernau, Mascher, Witt, Brand and Koenigs from the floor and moved its adoption: H-3147 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 6, line 46, by inserting after the word 4 "circumstances" the following: "beyond a reasonable 5 doubt". 6 2. Page 6, by striking lines 47 and 48 and 7 inserting the following: 8 "c. Whether the jury, or the court if there is no 9 jury, concludes beyond a reasonable doubt that the 10 defendant should be sentenced to death." 11 3. Page 12, line 42, by inserting after the word 12 "circumstances" the following: "beyond a reasonable 13 doubt". 14 4. Page 12, by striking lines 43 and 44 and 15 inserting the following: 16 "c. Whether the jury concludes beyond a reasonable 17 doubt that the defendant should be sentenced to 18 death." Roll call was requested by Baker of Polk and Doderer of Johnson. On the question "Shall amendment H-3147, to the committee amendment H-3109, be adopted?" (H.F. 2 ) The ayes were, 44: Baker Bell Bernau Brand Burnett Carroll Cataldo Cohoon Connors Disney Doderer Drees Ertl Fallon Grundberg Halvorson Harper Holveck Jacobs Jochum Koenigs Kreiman Larkin Martin Mascher May McCoy Mertz Metcalf Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Tyrrell Warnstadt Weigel Wise Witt The nays were, 54: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harrison Heaton Houser Hurley Huseman Klemme Kremer Lamberti Lord Main Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 2: Brammer Larson Amendment H-3147 lost. Shoultz of Black Hawk offered the following amendment H-3130, to the committee amendment H-3109, filed by Shoultz, et. al., and moved its adoption: H-3130 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 7, by inserting after line 14 the 4 following: 5 " . After submission of the issues, but prior to 6 the commencement of the jury deliberations in the 7 penalty proceeding, the court shall instruct the jury 8 that if the defendant is not sentenced to death, the 9 court is required by law to impose a sentence of 10 imprisonment until death without parole. The court 11 shall further instruct the jury that the sentence of 12 imprisonment until death without parole is required by 13 law if the jury fails to reach a unanimous verdict 14 recommending a sentence of death." 15 2. By numbering, renumbering, and correcting 16 internal references as necessary. A non-record roll call was requested. The ayes were 50, nays 45. Amendment H-3130 was adopted. Kreiman of Davis asked and received unanimous consent to defer action on amendment H-3174, to the committee amendment H-3109, filed by him from the floor. Grubbs of Scott offered the following amendment H-3142, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3142 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 7, by striking lines 21 through 24 and 4 inserting the following: 5 "8. However, if evidence that the defendant was 6 not a major participant in the commission of the 7 murder and that the defendant's conduct did not 8 manifest a reckless indifference to human life is 9 presented to the jury, or the court, if". 10 2. Page 7, by striking lines 29 through 31 and 11 inserting the following: "that the defendant was not 12 a major participant in the commission of the murder 13 and that the defendant's conduct did not manifest a 14 reckless indifference to human life, the court shall 15 enter". 16 3. Page 13, by striking lines 17 through 20 and 17 inserting the following: 18 "7. However, if evidence that the defendant was 19 not a major participant in the commission of the 20 murder and that the defendant's conduct did not 21 manifest a reckless indifference to human life is 22 presented to the jury, or the court, if". 23 4. Page 13, by striking lines 25 through 27 and 24 inserting the following: "that the defendant was not 25 a major participant in the commission of the murder 26 and that the defendant's conduct did not manifest a 27 reckless indifference to human life, the court shall 28 enter". Amendment H-3142 was adopted. Fallon of Polk offered amendment H-3151, to the committee amendment H-3109, filed by him and Bernau from the floor and requested division as follows: H-3151 1 Amend the amendment, H-3109, to House File 2, as 2 follows: H-3151A 3 1. Page 7, by striking lines 29 through 31 and 4 inserting the following: "any of the following, the 5 court shall enter". H-3151B 6 2. Page 7, line 36, by striking the figure "5." 7 and inserting the following: "5: 8 a. That the defendant did not directly commit the 9 murder and the defendant did not intend to kill or 10 anticipate that lethal force would be used. 11 b. That the defendant's capacity to appreciate the 12 wrongfulness of the defendant's conduct and to conform 13 that conduct to the requirements of law was 14 significantly impaired as a result of a mental disease 15 or defect or mental retardation, but not to a degree 16 sufficient to constitute a defense. 17 c. That the defendant acted under extreme duress 18 or under the substantial domination of another 19 person." Fallon of Polk asked and received unanimous consent to withdraw amendment H-3151A, to the committee amendment H-3109. Fallon of Polk moved the adoption to amendment H-3151B, to the committee amendment H-3109. A non-record roll call was requested. The ayes were 33, nays 58. Amendment H-3151B lost. Kreiman of Davis offered the following amendment H-3150, to the committee amendment H-3109, filed by Kreiman, Moreland and Bernau from the floor and moved its adoption: H-3150 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 7, by inserting after line 42 the 4 following: 5 " . After a verdict has been rendered it shall 6 be recorded on the jury verdict form and shall be read 7 and recorded in open court. The jurors shall be 8 collectively asked by the court whether the verdict 9 returned is their true and correct verdict. Even 10 though no juror makes any declaration to the contrary, 11 the jury shall, if either party so requests, be polled 12 and each juror shall be separately asked whether the 13 verdict rendered by the jury foreperson is the juror's 14 true and correct verdict. If, upon either the 15 collective or the separate inquiry, any juror denies 16 that the verdict is the juror's verdict, the court 17 shall refuse to accept the verdict. The court may 18 direct inquiry or permit inquiry by counsel to 19 ascertain whether any juror has been subjected to 20 coercion or has become confused during the jury 21 deliberation process. The court may, as appropriate, 22 direct the jury to resume deliberation in the case. 23 If no disagreement on the verdict is expressed by any 24 of the jurors, the court shall discharge the jury." 25 2. Page 13, by inserting after line 32 the 26 following: 27 " . After a verdict has been rendered it shall 28 be recorded on the jury verdict form and shall be read 29 and recorded in open court. The jurors shall be 30 collectively asked by the court whether the verdict 31 returned is their true and correct verdict. Even 32 though no juror makes any declaration to the contrary, 33 the jury shall, if either party so requests, be polled 34 and each juror shall be separately asked whether the 35 verdict rendered by the jury foreperson is the juror's 36 true and correct verdict. If, upon either the 37 collective or the separate inquiry, any juror denies 38 that the verdict is the juror's verdict, the court 39 shall refuse to accept the verdict. The court may 40 direct inquiry or permit inquiry by counsel to 41 ascertain whether any juror has been subjected to 42 coercion or has become confused during the jury 43 deliberation process. The court may, as appropriate, 44 direct the jury to resume deliberation in the case. 45 If no disagreement on the verdict is expressed by any 46 of the jurors, the court shall discharge the jury." 47 3. By designating, redesignating, and correcting 48 internal references as necessary. Amendment H-3150 was adopted. Holveck of Polk asked and received unanimous consent to defer action on amendment H-3129, to the committee amendment H-3109. Shoultz of Black Hawk offered the following amendment H-3131, to the committee amendment H-3109, filed by Shoultz, et. al., and moved its adoption: H-3131 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 7, by inserting after line 45 the 4 following: 5 "Sec. ___. NEW SECTION. 901.12 INFERENCE OF RACE 6 AS BASIS FOR DEATH SENTENCE. 7 1. An inference that race was the basis of 8 imposition of a death sentence is established if 9 relevant evidence is presented demonstrating that, at 10 the time the death sentence was imposed, race was a 11 significant factor influencing decisions to seek or 12 impose the sentence of death in the jurisdiction in 13 question. 14 2. Evidence relevant to establish an inference 15 that race was the basis of a death sentence may 16 include both qualitative or quantitative evidence that 17 death sentences, at the time in which the particular 18 sentence was sought or imposed, were being sought or 19 imposed significantly more frequently in the 20 jurisdiction in question as follows: 21 a. Against or upon persons of one race rather than 22 upon persons of another race. 23 b. As punishment for capital murder committed 24 against persons of one race rather than as punishment 25 for capital murder committed against persons of 26 another race. 27 3. If statistical evidence is presented to 28 establish an inference that race was the basis for 29 seeking or imposing a sentence of death, the court 30 shall determine the validity and statistical 31 significance of the evidence. Valid and statistically 32 significant evidence shall include, to the extent such 33 information is compiled and made publicly available, 34 evidence of the statutory aggravating factors of the 35 crimes involved and comparisons of similar cases 36 involving persons of different races. 37 4. If an inference is made that race was the basis 38 for seeking or imposing a death sentence, the person 39 shall not be executed under section 902.12, unless the 40 state rebuts the inference by a preponderance of the 41 evidence. The state cannot rely on mere assertions 42 that it did not intend to discriminate or that the 43 case or cases in question meet the statutory criteria 44 for eligibility for imposition of the death penalty." 45 2. By numbering and renumbering and correcting 46 internal references as necessary. Roll call was requested by Baker of Polk and Doderer of Johnson. On the question "Shall amendment H-3131, to the committee amendment H-3109, be adopted?" (H.F. 2) The ayes were, 35: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 64: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 1: Brammer Amendment H-3131 lost. Fallon of Polk offered the following amendment H-3128, to the committee amendment H-3109, filed by Fallon, et. al., and moved its adoption: H-3128 1 Amend the amendment, H-3109, to House File 2, as 2 follows: 3 1. Page 8, line 24, by inserting after the word 4 "corrections." the following: "The governor of this 5 state shall be present when the sentence is executed." A non-record roll call was requested. The ayes were 14, nays 60. Amendment H-3128 lost. Moreland of Wapello offered the following amendment H-3172, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3172 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 8, by striking line 50. 4 2. Page 9, line 1, by striking the word 5 "effective". Amendment H-3172 was adopted. Brand of Benton asked and received unanimous consent to withdraw amendment H-3133, to the committee amendment H-3109, filed by Brand, et. al., on February 21, 1995. Weidman of Cass offered the following amendment H-3122, to the committee amendment H-3109, filed by Weidman, et. al., and moved its adoption: H-3122 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 10, by inserting after line 10 the 4 following: 5 " . The victim was a peace officer, as defined 6 under section 801.4, subsection 11, or a former peace 7 officer and the murder is in retaliation for or to 8 prevent the victim from carrying out the victim's 9 official duties." 10 2. By numbering, renumbering, and correcting 11 internal references as necessary. Amendment H-3122 was adopted. Holveck of Polk offered the following amendment H-3132, to the committee amendment H-3109, filed by Holveck et. al. and moved its adoption: H-3132 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. By striking page 9, line 37, through page 10, 4 line 13. 5 2. By renumbering as necessary. Roll call was requested by Wise of Lee and Grubbs of Scott. On the question "Shall amendment H-3132, to the committee amendment H-3109, be adopted?" (H.F. 2) The ayes were, 42: Baker Bell Bernau Brand Burnett Churchill Cohoon Connors Cornelius Dinkla Doderer Drees Ertl Fallon Gipp Grundberg Halvorson Harper Holveck Jacobs Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Tyrrell Warnstadt Weigel Wise Witt The nays were, 57: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Coon Corbett, Spkr. Cormack Daggett Disney Drake Eddie Garman Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harrison Heaton Houser Hurley Huseman Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Mundie Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 1: Brammer Amendment H-3132 lost. Millage of Scott asked and received unanimous consent to withdraw amendment H-3124, to the committee amendment H-3109, filed by him on February 21, 1995. Millage of Scott offered the following amendment H-3125, to the committee amendment H-3109, filed by him and moved its adoption: H-3125 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 10, by inserting after line 13 the 4 following: 5 " . The murder was especially heinous, 6 atrocious, cruel, or manifesting exceptional 7 depravity. For purposes of this subsection, the 8 phrase "especially heinous, atrocious, cruel, or 9 manifesting exceptional depravity" means a 10 conscienceless or pitiless crime which is 11 unnecessarily torturous to the victim." 12 2. By numbering, renumbering, and correcting 13 internal references as necessary. Amendment H-3125 was adopted. Millage of Scott offered the following amendment H-3126, to the committee amendment H-3109, filed by him and moved its adoption: H-3126 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 10, by inserting after line 13 the 4 following: 5 " . The victim was an employee of an institution 6 or facility under the control of the department of 7 corrections or a judicial district department of 8 correctional services or of a city or county jail who 9 was performing the victim's official duties or the 10 victim was an inmate of the institution, facility, or 11 jail and was killed on the grounds of the institution 12 facility, or jail, or the victim was present at such 13 an institution, facility, or jail with the knowledge 14 and consent of the chief administrative officer of the 15 institution, facility, or jail." 16 2. By numbering, renumbering, and correcting 17 internal references as necessary. A non-record roll call was requested. The ayes were 31, nays 52. Amendment H-3126 lost. Holveck of Polk asked and received unanimous consent to withdraw the following amendments, to the committee amendment H-3109, filed by him from the floor: H-3145 and H-3159. Holveck of Polk offered the following amendment H-3171, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3171 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 11, line 6, by inserting after the word 4 "rules" the following: "which require that executions 5 be carried out by only one individual and that all of 6 the duties to be performed to carry out the execution 7 are performed by that one individual and rules". Amendment H-3171 lost. Holveck of Polk offered the following amendment H-3127, to the committee amendment H-3109, filed by him and moved its adoption: H-3127 1 Amend the amendment, H-3109, to House File 2, as 2 follows: 3 1. Page 11, line 8, by inserting after the word 4 "public" the following: "and rules which provide that 5 executions shall take place between eight a.m. and 6 five p.m". A non-record roll call was requested. The ayes were 21, nays 66. Amendment H-3127 lost. Holveck of Polk offered the following amendment H-3158, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3158 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 11, line 8, by inserting after the word 4 "public" the following: "and live television and 5 radio transmission of the execution". Amendment H-3158 lost. Fallon of Polk asked and received unanimous consent to defer action on amendment H-3173, to the committee amendment H-3109, filed by him from the floor. Kreiman of Davis offered the following amendment H-3175, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3175 1 Amend the amendment, H-3109, to House File 2, as 2 follows: 3 1. Page 15, by striking lines 20 through 37 and 4 inserting the following: "party shall file and serve 5 upon the other party requests for discovery pursuant 6 to the rules of criminal procedure." 7 2. Page 15, by striking lines 47 through 50 and 8 inserting the following: "aggravating or mitigating 9 circumstances." Amendment H-3175 lost. Doderer of Johnson asked and received unanimous consent to defer action on amendment H-3134, to the committee amendment H-3109. Grubbs of Scott offered the following amendment H-3141, to the committee amendment H-3109, filed by him from the floor and moved its adoption: H-3141 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 16, by striking lines 1 through 3 and 4 inserting the following: 5 "Sec. ___. EFFECTIVE DATE -- SEVERABILITY -- 6 SENTENCES COMMUTED TO LIFE IMPRISONMENT IF ACT 7 UNCONSTITUTIONAL. 8 1. This Act takes effect October 1, 1995, and 9 applies to offenses committed on or after that date. 10 2. If any provision of this Act or the application 11 thereof to any person is invalid, the invalidity shall 12 not affect the provisions or application of this Act 13 which can be given effect without the invalid 14 provisions or application and to this end the 15 provisions of this Act are severable. 16 3. If the imposition of a sentence of death under 17 this Act is found to be unconstitutional, the sentence 18 of any person who has been sentenced to death under 19 this Act shall automatically be commuted to a term of 20 life imprisonment." 21 2. Page 16, by inserting after line 10 the 22 following: 23 " . Title page, line 6, by inserting after the 24 word "providing" the following: "an effective date 25 and". 26 3. By numbering, renumbering, and correcting 27 internal references, as necessary. Amendment H-3141 was adopted, placing out of order amendment H-3134, to the committee amendment H-3109, filed by Doderer, Shoultz, Fallon, Jochum, Burnett and Bernau from the floor. Doderer of Johnson offered the following amendment H-3144, to the committee amendment H-3109, filed by Doderer from the floor and moved its adoption: H-3144 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 16, by inserting after line 3 the 4 following: 5 " . EFFECTIVE DATE. This Act shall not take 6 effect unless an appropriation is made in accordance 7 with section 25B.2, subsection 3, which fully funds or 8 funds a proportionate share of the costs of 9 implementing this Act."" 10 2. By numbering, renumbering, and correcting 11 internal references as necessary. Amendment H-3144 lost. Doderer of Johnson asked and received unanimous consent to withdraw amendment H-3182, to the committee amendment H-3109, filed by her from the floor. Bernau of Story asked and received unanimous consent to defer actionon amendment H-3169 to the committee amendment H-3109, filed by Bernau, Mascher, Brand, Koenigs, Connors and Holveck from the floor. Running of Linn offered amendment H-3183, to the committee amendment H-3109, filed by him and Fallon from the floor as follows: H-3183 1 Amend the amendment, H-3109, to House File 2 as 2 follows: 3 1. Page 1, by inserting before line 27 the 4 following: 5 "Sec. ___. NEW SECTION. 624.13A JURY INSTRUCTION 6 -- DEATH PENALTY -- RIGHT TO JUDGE LAW. 7 1. A defendant's right to trial by jury in a case 8 under section 901.11 includes the right to inform the 9 jury of the jury's prerogative to judge the law as 10 well as all the evidence, and to render a verdict 11 dictated by conscientious consideration. This right 12 shall not be limited by the rules of civil or criminal 13 procedure, juror's oath, court order, or procedure or 14 practice of the court, including the use of any method 15 of jury selection which could preclude or limit the 16 impanelment of jurors willing to exercise this power. 17 2. Once the jury has been informed in accordance 18 with subsection 1, a party to the action shall not be 19 prohibited from presenting arguments to the jury which 20 may pertain to issues of law and conscience, including 21 the following: 22 a. The merit, intent, constitutionality, or 23 applicability of the law to the defendant's case. 24 b. The motive, moral perspective, or circumstances 25 of the defendant. 26 c. The degree and direction of guilt or actual 27 harm done. 28 d. The sanctions which may be applied to the 29 losing party. 30 3. Failure to allow the defendant to so inform the 31 jury shall be grounds for a mistrial and another trial 32 by jury." 33 2. Page 16, line 9, by inserting after the word 34 "applied," the following: "by providing for certain 35 instructions to the jury,". Baker of Polk moved that the House adjourn at 9:25 p.m. A non-record roll call was requested. The ayes were 30, nays 53. The motion lost. Running of Linn moved the adoption of amendment H-3183, to the committee amendment H-3109. A non-record roll call was requested. The ayes were 23, nays 57. Amendment H-3183 lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 2 be deferred. (The committee amendment H-3109 pending.) MOTION TO RECONSIDER (Amendment 3148 to amendment 3109 to House File 2) I move to reconsider the vote by which amendment 3148 to amendment 3109 to House File 2 passed the House on February 22, 1995. COON of Warren PRESENTATION OF VISITORS Brauns of Muscatine presented to the House, Pete Evans Sia Tuazon, a Rotary Exchange Student from the Philippines. He is attending West Liberty High School, West Liberty. He was accompanied by Carolyn and Roger Benge. The Speaker announced that the following visitors were present in the House chamber: Sixty fifth grade students from Hubbell Elementary, Des Moines, accompanied by Christin Melcher and Shirley Brunk. By Grundberg of Polk. Eighteen students from Ankeny High School, Ankeny, accompanied by Mr. Dennis Adamson. By Lamberti of Polk. Four Key Club students from Marshalltown High School, Marshalltown, accompanied by members of the Matins Kiwanis Club. By Nelson of Marshall. Four senior government students from Valley High School, West Des Moines, accompanied by Carol Reinhard. By Jacobs and Grundberg of Polk. Fifty student representatives from the University of Northern Iowa, Iowa State University and the University of Iowa. By Grundberg of Polk. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\52 Kim Schroeder, St. Joseph The Worker School - For receiving the Edith Sackett Memorial Award in the 6th and 7th grade category for the "Write Women Back Into History" contest. 1995\53 Nathan Holmes, Scott County - For receiving the Westinghouse Science Talent Search Award. 1995\54 Matthew Moothart, Resurrection School - For receiving second place in the 8th and 9th grade category for his essay in the "Write Women Back Into History" contest SUBCOMMITTEE ASSIGNMENTS House File 169 Local Government: Brauns, Chair; Martin and Mertz. House File 174 Local Government: Carroll, Chair; Disney and Koenigs. House File 177 Local Government: Huseman, Chair; Cohoon and Martin. House File 191 Human Resources: Boddicker, Chair; Burnett and Salton. House File 192 Education: Grubbs, Chair; Gries and Kreiman. House File 193 Agriculture: Boggess, Chair; Burnett and Greiner. House File 197 Human Resources: Schulte, Chair; Blodgett and Myers. House File 198 Agriculture: Greig, Chair; Huseman and Mertz. House File 200 State Government: Renken, Chair; Houser and Running. House File 201 Education: Brunkhorst, Chair; Cornelius and Warnstadt. Senate File 116 Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and Witt. Senate File 118 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. Senate File 146 Agriculture: Greig, Chair; Salton and Weigel. Senate File 147 Agriculture: Main, Chair; Drees and Vande Hoef. Senate File 152 State Government: Tyrrell, Chair; Thomson and Witt. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 173 Education: Nelson of Marshall, Chair; Daggett and Kreiman. House Study Bill 174 Economic Development: Lord, Chair; Brand and Heaton. House Study Bill 175 Economic Development: Nelson of Marshall, Chair; Baker and Hammitt. House Study Bill 176 State Government: Thomson, Chair; Cataldo and Houser. House Study Bill 177 State Government: Ertl, Chair; Coon, Renken, Running and Witt. House Study Bill 178 State Government: Churchill, Chair; Cataldo and Martin. House Study Bill 179 State Government: Martin, Chair; Brammer, Renken, Thomson and Witt. House Study Bill 180 Education: Brunkhorst, Chair; Cohoon and Rants. House Study Bill 181 Judiciary: Coon, Chair; Moreland and Nutt. House Study Bill 182 Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 183 Commerce-Regulation Relating to delayed deposit services businesses and providing penalties. H.S.B. 184 Local Government Relating to the publication of the proceedings of the city or county hospital board of trustees. H.S.B. 185 Local Government Relating to the assessment of certain public improvement costs to abutting property at the request of the property owner. H.S.B. 186 Local Government Relating to the establishment of home development districts. H.S.B. 187 State Government Requiring licensure of hospice programs and providing a penalty. H.S.B. 188 Appropriations Relating to the transfer of lottery revenues to the general fund of the state and appropriating lottery revenues for purposes of the state fair and county fairs, and providing an effective date. H.S.B. 189 Local Government Relating to landlord remedies for tenant noncompliance with a rental agreement. H.S.B. 190 Ways and Means Relating to establishing family health accounts and providing applicability and effective date provisions. H.S.B. 191 Environmental Protection Creating an environmental audit privilege and providing penalties. H.S.B. 192 Local Government Relating to the disposition of valueless mobile homes, modular homes, and manufactured homes. H.S.B. 193 Local Government Relating to the investment of the proceeds of bond issues and the use of earnings from the investment. H.S.B. 194 Local Government Relating to city sewer or water utility connections. H.S.B. 195 State Government Providing that certain new public and nonpublic school building construction requires installation of automatic sprinkler systems. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Senate File 146, a bill for an act relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding and racing. Fiscal Note is not required. Recommended Do Pass February 22, 1995. COMMITTEE ON COMMERCE-REGULATION Committee Bill (Formerly House Study Bill 114), relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application. Fiscal Note is not required. Recommended Do Pass February 22, 1995. Committee Bill (Formerly House Study Bill 156), relating to health care benefits coverage by providing for coordination of benefits with state medical assistance, for continuation of benefits pursuant to court-ordered medical child support, and for coverage for an adopted child. Fiscal Note is not required. Recommended Do Pass February 22, 1995. COMMITTEE ON HUMAN RESOURCES Senate File 149, a bill for an act relating to child support recovery. Fiscal Note is not required. Recommended Do Pass February 21, 1995. COMMITTEE ON JUDICIARY Committee Resolution (Formerly House Study Bill 92), a joint resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the limitation on fines for offenses which may be summarily tried without indictment. Fiscal Note is required. Recommended Do Pass February 21, 1995. COMMITTEE ON LOCAL GOVERNMENT Committee Bill (Formerly House Study Bill 65), relating to the delegation of authority to an administrative agency of a city. Fiscal Note is not required. Recommended Do Pass February 21, 1995. COMMITTEE ON TRANSPORTATION House File 115, a bill for an act relating to refreshments in rest areas during holiday periods. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3139 February 21, 1995. Senate Concurrent Resolution 11, a concurrent resolution declaring support for Amtrak. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3140, and Laid over under Rule 25, February 21, 1995. Committee Resolution (Formerly House Concurrent Resolution 16), a concurrent resolution urging the Congress of the United States to quickly develop and approve the proposed national highway system. Fiscal Note is not required. Recommended Do Pass February 21, 1995. RESOLUTIONS FILED HCR 22, by Shoultz, Ollie, Cohoon, Nelson of Pottawattamie, McCoy, Connors, Baker, Bell, Burnett, Harper, Wise, Myers, Mundie, May, Larkin, Weigel, Cataldo, Murphy, Koenigs, Warnstadt, Drees, Holveck, Brammer, Doderer, Kreiman, Schrader, Bernau, Moreland, Mertz, Mascher, Running, Fallon, Jochum, O'Brien and Brand, a concurrent resolution urging the passage by the United States Congress of an increase in the federal minimum wage. Referred to committee on labor and industrial relations. HCR 23, by committee on transportation, a concurrent resolution urging the Congress of the United States to quickly develop and approve the proposed national highway system. Laid over under Rule 25. HCR 24, by Connors, a concurrent resolution relating to the funding of the Older Iowans' Legislature. Referred to committee on state government. AMENDMENTS FILED H-3139 H.F. 115 Committee on Transportation H-3140 S.C.R. 11 Committee on Transportation H-3163 S.F. 69 Van Fossen of Scott Millage of Scott Martin of Scott Grubbs of Scott Harrison of Scott Klemme of Plymouth H-3168 H.F. 2 Kreiman of Davis Bernau of Story H-3170 H.F. 2 Grundberg of Polk Fallon of Polk Harper of Black Hawk Witt of Black Hawk Mascher of Johnson Burnett of Story Holveck of Polk H-3176 H.F. 2 Doderer of Johnson H-3177 H.F. 2 Grundberg of Polk Fallon of Polk H-3178 H.F. 2 Kreiman of Davis H-3179 H.F. 2 Brand of Benton May of Worth Wise of Lee Shoultz of Black Hawk Fallon of Polk Burnett of Story H-3180 H.F. 2 Murphy of Dubuque Connors of Polk H-3181 H.F. 2 Holveck of Polk Grubbs of Scott H-3184 H.F. 2 Hurley of Fayette Drake of Pottawattamie Grubbs of Scott H-3185 H.F. 2 Kreiman of Davis H-3186 H.F. 2 Murphy of Dubuque Connors of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 9:33 p.m. until 8:45 a.m., Thursday, February 23, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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