Text: HF00129 Text: HF00131 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 701.7, Code 1997, is amended to read as 1 2 follows: 1 3 701.7 FELONY DEFINED AND CLASSIFIED. 1 4 A public offense is a felony of a particular class when the 1 5 statute defining the crime declares it to be a felony. 1 6 Felonies are capital felonies, class "A" felonies, class "B" 1 7 felonies, class "C" felonies, and class "D" felonies.Where1 8 If the statute defining the offense declares it to be a felony 1 9 but does not state what class of felony it is or provide for a 1 10 specific penalty, that felonyshall beis a class "D" felony. 1 11 Sec. 2. NEW SECTION. 707.1A CAPITAL MURDER. 1 12 1. a. A person commits capital murder if the person 1 13 commits murder in the first degree pursuant to section 707.2, 1 14 and the person previously has been convicted of capital 1 15 murder, a class "A" felony pursuant to section 707.2, 709.2, 1 16 or 710.2, or a criminal offense in another jurisdiction which 1 17 would constitute capital murder or a class "A" felony under 1 18 section 707.2, 709.2, or 710.2 if committed in this state. 1 19 b. A person commits capital murder if the person commits 1 20 murder in the first degree pursuant to section 707.2, and the 1 21 person previously has been convicted of murder in the second 1 22 degree in violation of section 707.3, sexual abuse in the 1 23 second degree in violation of section 709.3, kidnapping in the 1 24 second degree in violation of section 710.3, or robbery in the 1 25 first or second degree in violation of section 711.2 or 711.3. 1 26 c. A person commits capital murder if the person commits 1 27 murder in the first degree pursuant to section 707.2, and the 1 28 person, in the course of that murder, commits another class 1 29 "A" felony pursuant to section 707.2, 709.2, or 710.2. 1 30 2. Capital murder is a felony punishable either by death 1 31 or by life imprisonment, as determined pursuant to sections 16 1 32 through 19 of this Act. However, if a person who is convicted 1 33 of capital murder was under the age of sixteen years or was 1 34 mentally ill at the time the offense was committed, the person 1 35 shall be sentenced to life imprisonment. 2 1 For purposes of this section, "mentally ill" means the 2 2 condition of a person who is suffering from a chronic and 2 3 persistent serious mental disease or disorder and who, by 2 4 reason of that condition, lacks sufficient judgment to make 2 5 responsible decisions regarding treatment and is reasonably 2 6 likely to injure the person's self or others who may come into 2 7 contact with the person if the person is allowed to remain at 2 8 liberty without treatment. 2 9 3. If a defendant is sentenced to death pursuant to 2 10 sections 16 through 19 of this Act, the sentence shall be 2 11 executed by the administration of a lethal injection pursuant 2 12 to rules adopted by the board of corrections. For the 2 13 purposes of this section, "lethal injection" means a 2 14 continuous intravenous injection of a lethal quantity of 2 15 sodium thiopental or other equally or more effective substance 2 16 sufficient to cause death. 2 17 4. If a defendant, for whom a warrant of execution is 2 18 issued, is suffering from such a diseased or deranged 2 19 condition of the mind as to prevent the defendant from knowing 2 20 the nature and quality of the act the defendant has been 2 21 convicted of, or from understanding that trial on the offense 2 22 has taken place and that execution proceedings are about to 2 23 take place, or otherwise causes the defendant to lack the 2 24 capacity, to understand the sentence which has been imposed 2 25 and to participate in any legal proceedings relating to the 2 26 sentence the execution shall not take place until after the 2 27 defendant's capacity is restored. If the director of the 2 28 department of corrections or the defendant's counsel files a 2 29 request with the court which issued the warrant of execution, 2 30 alleging that the defendant suffers from such a diseased or 2 31 deranged condition, a hearing on the matter shall be held in 2 32 the manner provided in section 812A.1. 2 33 Sec. 3. Section 707.2, unnumbered paragraph 1, Code 1997, 2 34 is amended to read as follows: 2 35 A person commits murder in the first degree when the person 3 1 commits murder which is not capital murder and which is 3 2 committed under any of the following circumstances: 3 3 Sec. 4. Section 707.3, unnumbered paragraph 1, Code 1997, 3 4 is amended to read as follows: 3 5 A person commits murder in the second degree when the 3 6 person commits murder which is not capital murder or murder in 3 7 the first degree. 3 8 Sec. 5. Section 707.4, unnumbered paragraph 2, Code 1997, 3 9 is amended to read as follows: 3 10 Voluntary manslaughter is an included offense under an 3 11 indictment for capital murder or murder in the first or second 3 12 degree. 3 13 Sec. 6. Section 707.5, unnumbered paragraph 1, Code 1997, 3 14 is amended to read as follows: 3 15 Involuntary manslaughter as defined in this section is an 3 16 included offense under an indictment for capital murder or 3 17 murder in the first or second degree or voluntary 3 18 manslaughter. 3 19 Sec. 7. Section 802.1, Code 1997, is amended to read as 3 20 follows: 3 21 802.1 MURDER. 3 22 A prosecution for capital murder or murder in the first or 3 23 second degree may be commenced at any time after the death of 3 24 the victim. 3 25 Sec. 8. Section 811.1, subsections 1 and 2, Code 1997, are 3 26 amended to read as follows: 3 27 1. A defendant awaiting judgment of conviction and 3 28 sentencing following either a plea or verdict of guilty of a 3 29 class "A" felony, capital murder, murder, felonious assault, 3 30 felonious child endangerment, sexual abuse in the second 3 31 degree, sexual abuse in the third degree, kidnapping, robbery 3 32 in the first degree, arson in the first degree, or burglary in 3 33 the first degree, or any felony included in section 124.401, 3 34 subsection 1, paragraph "a". 3 35 2. A defendant appealing a conviction of a class "A" 4 1 felony, capital murder, murder, felonious assault, felonious 4 2 child endangerment, sexual abuse in the second degree, sexual 4 3 abuse in the third degree, kidnapping, robbery in the first 4 4 degree, arson in the first degree, or burglary in the first 4 5 degree, or any felony included in section 124.401, subsection 4 6 1, paragraph "a". 4 7 Sec. 9. Section 811.1, Code 1997, is amended by adding the 4 8 following new subsection: 4 9 NEW SUBSECTION. 4. A defendant charged with capital 4 10 murder, if upon hearing held under the conditions required by 4 11 section 812.2, the prosecuting attorney establishes by clear 4 12 and convincing evidence that the release of the defendant from 4 13 custody is likely to pose a danger of physical harm to another 4 14 person. The court shall consider all lawfully obtained 4 15 evidence relevant to the required determination, whether or 4 16 not the evidence would be admissible at trial, but testimony 4 17 of the person charged is not admissible at a subsequent trial 4 18 on the issue of guilt of the offense charged or of any other 4 19 offense. 4 20 Sec. 10. NEW SECTION. 812A.1 PROCEDURE TO DETERMINE 4 21 SANITY OF CONDEMNED INMATE. 4 22 1. At any time prior to execution of an inmate who has 4 23 been convicted of capital murder and sentenced to death, if 4 24 the director of the department of corrections or the counsel 4 25 for a person who is under a sentence of execution has cause to 4 26 believe that the inmate is suffering from such a diseased or 4 27 deranged condition of the mind as to prevent the defendant 4 28 from knowing the nature and quality of the act the defendant 4 29 has been convicted of, or from understanding that trial on the 4 30 offense has taken place and that execution proceedings are 4 31 about to take place, or otherwise causes the defendant to lack 4 32 the capacity to understand the sentence which has been imposed 4 33 and to participate in any legal proceedings relating to the 4 34 sentence, the director or counsel may file a request with the 4 35 court that issued the warrant for execution for a 5 1 determination of the inmate's sanity. If the district court 5 2 determines that there is not sufficient reason to believe that 5 3 the inmate is insane, the court shall enter an order denying 5 4 the request and shall state the grounds for denying the 5 5 request. If the court believes that there is sufficient 5 6 reason to believe that the inmate is insane, the court shall 5 7 suspend the execution and conduct a hearing to determine the 5 8 sanity of the inmate. 5 9 2. At the hearing, the court shall determine the issue of 5 10 the inmate's sanity. The court shall order a psychiatric or 5 11 psychological examination of the inmate. For that purpose, 5 12 the court shall appoint two licensed physicians or licensed 5 13 psychologists, or one licensed physician and one licensed 5 14 psychologist, who are qualified by training and practice to 5 15 make such an examination and to examine the inmate and report 5 16 any findings in writing to the court within ten days after the 5 17 order of examination is issued. The inmate shall have the 5 18 right to present evidence and cross-examine any witnesses at 5 19 the hearing. Any statement made by the inmate during the 5 20 course of any examination provided for in this section, 5 21 whether or not the inmate consents to the examination, shall 5 22 not be admitted into evidence against the convict in any 5 23 criminal proceeding. 5 24 3. If, at the conclusion of a hearing held pursuant to 5 25 this section, the court determines that the inmate is sane, 5 26 the court shall enter an order setting a date for the 5 27 convict's execution, which shall be carried into effect in the 5 28 same manner as provided in the original sentence. A copy of 5 29 the order shall be sent to the director of the department of 5 30 corrections and the governor. 5 31 4. If, at the conclusion of a hearing held pursuant to 5 32 this section, the court determines that the convict is insane, 5 33 the court shall suspend the execution until further order. At 5 34 any time after issuance of the order, if the court has 5 35 sufficient reason to believe that the inmate has become sane, 6 1 the court shall again determine the sanity of the inmate as 6 2 provided by this section. Proceedings pursuant to this 6 3 section may continue to be held at such times as the court 6 4 orders until it is either determined that the inmate is sane 6 5 or incurably insane. 6 6 Sec. 11. NEW SECTION. 814.28 REVIEW OF DEATH SENTENCE. 6 7 1. In a case in which a sentence of death is imposed, the 6 8 supreme court shall automatically review the judgment and 6 9 sentence. The case shall not be transferred to the court of 6 10 appeals. 6 11 2. A review by the supreme court of a judgment and 6 12 sentence imposing the punishment of death has priority over 6 13 all other criminal and other actions pending before the 6 14 supreme court. 6 15 3. The supreme court shall review the trial and judgment, 6 16 and separately shall review the sentencing proceeding. Upon 6 17 determining that errors did not occur at the trial requiring 6 18 reversal or modification of the judgment, the supreme court 6 19 shall proceed to determine if the sentence of death is 6 20 lawfully imposed. In its review of the sentencing proceeding 6 21 the supreme court shall determine all of the following: 6 22 a. Whether the sentence of death was imposed capriciously 6 23 or under the influence of prejudice or other arbitrary factor. 6 24 b. Whether the special verdicts returned under section 16, 6 25 subsection 2, of this Act, are supported by the evidence. 6 26 c. Whether the sentence of death is excessive or 6 27 disproportionate to the penalty imposed in similar cases, 6 28 considering both the crime and the defendant. 6 29 4. If the supreme court determines that the sentence of 6 30 death was not lawfully imposed, the court shall set aside the 6 31 sentence and shall remand the case to the trial court for 6 32 imposition of a sentence of life imprisonment. 6 33 5. If the supreme court affirms the judgment and sentence 6 34 of death, the clerk of the supreme court shall certify the 6 35 judgment of the supreme court under the seal of the court to 7 1 the clerk of the trial court. 7 2 Sec. 12. NEW SECTION. 901.11 CAPITAL MURDER PROCEEDINGS. 7 3 1. If a charge of capital murder is submitted to the jury 7 4 or court, but the prosecuting attorney waives the death 7 5 penalty, upon a verdict of guilty, the court shall sentence 7 6 the defendant to life imprisonment. If the prosecuting 7 7 attorney waives the death penalty, the court shall follow the 7 8 sentencing procedures set forth in rule of criminal procedure 7 9 22, Iowa court rules, third edition, and need not follow the 7 10 special sentencing procedures provided for capital murder 7 11 cases. 7 12 2. If capital murder is charged, but the charge is not 7 13 submitted to the court or jury, or the court or jury finds the 7 14 defendant guilty of another offense, upon conviction of the 7 15 other charge, the court shall follow the sentencing procedures 7 16 set forth in rule of criminal procedure 22, Iowa court rules, 7 17 third edition, concerning sentencing for the offense, rather 7 18 than the sentencing procedures provided for capital murder 7 19 cases. 7 20 3. Capital murder proceedings shall be conducted in 7 21 bifurcated proceedings before the same trier of fact. During 7 22 the initial proceeding, the jury, or the court, if the 7 23 defendant waives the right to a jury trial, shall decide only 7 24 whether the defendant is guilty or not guilty of any submitted 7 25 offense. The issue of punishment shall not be submitted 7 26 during the initial proceeding. 7 27 Upon a verdict of guilty to a capital murder charge, a 7 28 separate sentencing proceeding shall be conducted as provided 7 29 in sections 16 through 19 of this Act. If a defendant enters 7 30 a plea of guilty to a capital murder charge, the court shall 7 31 conduct a separate sentencing proceeding as provided in 7 32 sections 16 through 19 of this Act. 7 33 Sec. 13. NEW SECTION. 902.13 CAPITAL MURDER. 7 34 If a person is to be sentenced to life imprisonment under 7 35 section 16, subsection 5, of this Act, nothing in chapters 901 8 1 through 909, pertaining to deferred judgment, deferred 8 2 sentence, suspended sentence, or reconsideration of sentence, 8 3 applies, and the person shall not be released on parole unless 8 4 the governor commutes the person's sentence to a term of years 8 5 and shall not otherwise be released from confinement unless 8 6 the governor pardons the person. 8 7 Sec. 14. Section 904.105, Code 1997, is amended by adding 8 8 the following new subsection: 8 9 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 8 10 pertaining to executions of persons convicted of capital 8 11 murder. 8 12 Sec. 15. Rules of criminal procedure, Iowa court rules, 8 13 third edition, are amended by adding sections 16 through 19 of 8 14 this Act. 8 15 Sec. 16. NEW RULE. CAPITAL MURDER – PROCEDURE. 8 16 1. Upon a finding or plea that a defendant is guilty of 8 17 capital murder, the court shall conduct a separate sentencing 8 18 proceeding to determine whether the defendant shall be 8 19 sentenced to death or to life imprisonment. The proceeding 8 20 shall be conducted in the trial court before the trial jury, 8 21 or the court if there is no jury, as soon as practicable. In 8 22 the proceeding, additional evidence may be presented as to any 8 23 matter which is relevant to the sentence. The court shall 8 24 receive when offered any evidence that is required by the 8 25 rules of criminal procedure. This subsection does not 8 26 authorize the introduction of any evidence secured in 8 27 violation of the Constitution of the United States or of the 8 28 Constitution of the State of Iowa. The state and the 8 29 defendant or the defendant's counsel shall be permitted to 8 30 cross-examine witnesses and to present arguments for or 8 31 against a sentence of death. 8 32 2. On conclusion of the presentation of the evidence, the 8 33 court shall submit each of the following issues to the jury: 8 34 a. Whether the conduct of the defendant that caused the 8 35 death of the deceased was committed willfully, deliberately, 9 1 and with the reasonable expectation that the death of the 9 2 deceased or another would result. 9 3 b. Whether a probability exists that in the future the 9 4 defendant would commit criminal acts of violence that would 9 5 constitute a continuing threat to society. 9 6 c. Whether aggravating circumstances exist that are 9 7 sufficient to outweigh any mitigating circumstances that may 9 8 exist. 9 9 If the case is not tried to a jury, the court shall 9 10 determine the issues. 9 11 3. The state must prove each issue in subsection 2 beyond 9 12 a reasonable doubt, and the jury, or the court if there is no 9 13 jury, shall return a special verdict of "yes" or "no" on each 9 14 issue. 9 15 4. If the case is tried to a jury, the court shall charge 9 16 the jury that: 9 17 a. It shall answer any issue "yes" if it agrees 9 18 unanimously. 9 19 b. It shall answer any issue "no" if the jurors 9 20 unanimously agree that the answer is "no" or if the jurors do 9 21 not unanimously agree that the answer is "yes". 9 22 5. If the jury, or the court if there is no jury, returns 9 23 an affirmative finding on all applicable issues, the court 9 24 shall sentence the defendant to death. If the jury or the 9 25 court returns a negative finding on any applicable issue, the 9 26 court shall sentence the defendant to the custody of the 9 27 director of the department of corrections for confinement for 9 28 the rest of the defendant's life. 9 29 6. Iowa Code chapters 901 through 909 do not apply to a 9 30 conviction of capital murder if the defendant is sentenced to 9 31 death. 9 32 Sec. 17. NEW RULE. AUTOMATIC REVIEW – STAY OF JUDGMENT. 9 33 1. A judgment of conviction and sentence of death shall be 9 34 reviewed automatically in the manner provided in Iowa Code 9 35 section 814.28, and the Iowa supreme court has exclusive 10 1 jurisdiction of the review. 10 2 2. Upon entry of judgment and sentence of death, the trial 10 3 court shall prepare a complete record and transcript of the 10 4 action in the manner provided in the rules of criminal 10 5 procedure and shall docket the record and transcript with the 10 6 clerk of the supreme court. 10 7 3. The judgment and sentence of the trial court is stayed 10 8 as a matter of law from the time of its entry until the 10 9 judgment of the supreme court is certified to and entered by 10 10 the trial court. Upon entry of a judgment of the supreme 10 11 court which affirms the conviction and sentence, the stay of 10 12 the judgment and sentence terminates as a matter of law. 10 13 4. All court costs required due to the automatic 10 14 preparation of the record and transcript, docketing with the 10 15 supreme court, and stay of judgment and sentence shall be 10 16 assessed to the state. 10 17 Sec. 18. NEW RULE. ISSUANCE OF WARRANT. 10 18 1. Upon entry by the trial court of the judgment of the 10 19 supreme court affirming a judgment and sentence of death, a 10 20 district judge shall within five days of the entry issue a 10 21 warrant under the seal of the court for the execution of the 10 22 sentence of death. The warrant shall specifically set forth 10 23 the offense and the fact of conviction, shall state the 10 24 judgment and sentence of the court, shall state that the 10 25 judgment and sentence were affirmed by the supreme court and 10 26 the date of entry of judgment of the supreme court in the 10 27 trial court, and shall specify the date fixed for execution of 10 28 the defendant which shall be not less than fifty nor more than 10 29 sixty days after the date of entry in the trial court of the 10 30 judgment of the supreme court affirming the judgment and 10 31 sentence of death. The warrant shall be directed to the 10 32 director of the department of corrections commanding the 10 33 director to cause the warrant to be executed on the date 10 34 specified. The trial court shall deliver the warrant to the 10 35 sheriff of the county in which judgment of conviction was 11 1 entered and the sheriff shall deliver the warrant and the 11 2 defendant to the custody of the department of corrections for 11 3 confinement in the state penitentiary. The director of the 11 4 department of corrections shall acknowledge receipt of the 11 5 warrant and the defendant, and the sheriff shall return the 11 6 acknowledgment to the office of the clerk of the trial court 11 7 from which the warrant was issued. 11 8 2. Immediately after issuance of a warrant ordering a 11 9 sentence of death, the clerk of the trial court issuing the 11 10 warrant shall transmit by mail to the governor a copy of the 11 11 indictment, the plea, the verdict and special findings, the 11 12 affirmation of judgment and sentence by the supreme court, and 11 13 the complete transcript of the trial court. 11 14 3. Notwithstanding subsection 1, if a defendant, for whom 11 15 a warrant of execution is issued, is suffering from such a 11 16 diseased or deranged condition of the mind as to prevent the 11 17 defendant from knowing the nature and quality of the act the 11 18 defendant has been convicted of, or from understanding that 11 19 trial on the offense has taken place and that execution 11 20 proceedings are about to take place, or otherwise causes the 11 21 defendant to lack the capacity to understand the sentence 11 22 which has been imposed and to participate in any legal 11 23 proceedings relating to the sentence, the execution shall not 11 24 take place until after the defendant is no longer suffering 11 25 from the condition. 11 26 Sec. 19. NEW RULE. EVIDENCE AT SENTENCING IN CAPITAL 11 27 MURDER CASES – REQUIRED INFORMATION. 11 28 1. At a reasonable time before the commencement of 11 29 sentencing proceedings in a capital murder case, each party 11 30 shall file and serve upon the other party the following: 11 31 a. A list of all aggravating or mitigating circumstances 11 32 which the party intends to prove during the sentencing 11 33 proceedings. 11 34 b. The names of all persons whom the party intends to call 11 35 as witnesses during the sentencing proceedings. 12 1 c. Notwithstanding rule 13, copies, or for inspection 12 2 purposes, the location, of all documents, including books, 12 3 papers, writings, drawings, graphs, charts, photographs, 12 4 phonorecords, and other data compilations from which 12 5 information can be obtained, or other objects which the party 12 6 intends to offer into evidence during the sentencing 12 7 proceedings. If copies are not supplied to opposing counsel, 12 8 the party shall make the items available for inspection and 12 9 copying without order of the court. 12 10 2. In proceedings to determine whether the sentence shall 12 11 be death or life imprisonment, evidence may be presented as to 12 12 any matter which the trial court deems relevant to the 12 13 sentence, including but not limited to the nature, 12 14 circumstances, and manner of completion of the murder, and the 12 15 defendant's character, background, history, and mental and 12 16 physical condition. The trial court shall admit any relevant 12 17 evidence respecting any aggravating or mitigating 12 18 circumstances, if the party has included the circumstance on a 12 19 list provided pursuant to this rule, or good cause is shown 12 20 for the failure to do so. 12 21 Sec. 20. APPLICABILITY. This Act applies to offenses 12 22 committed on or after the effective date of this Act. 12 23 Sec. 21. SEVERABILITY. If any provision of this Act or 12 24 the application thereof to any person is invalid, the 12 25 invalidity shall not affect the provisions or application of 12 26 this Act which can be given effect without the invalid 12 27 provisions or application and to this end the provisions of 12 28 this Act are severable. 12 29 EXPLANATION 12 30 This bill amends the Iowa criminal code to provide for 12 31 punishment by death for murder committed under specified 12 32 circumstances if the trial jury, or the judge if there is no 12 33 jury, makes specific affirmative findings respecting the 12 34 nature of the act of murder and the characteristics of the 12 35 defendant in a separate sentencing proceeding held after the 13 1 close of the trial. Under the bill, the offense of capital 13 2 murder involves a murder which would constitute murder in the 13 3 first degree committed by a person who has previously 13 4 committed capital murder or a class "A" felony; a person who 13 5 has been previously convicted of murder in the second degree, 13 6 sexual abuse in the second degree, kidnapping in the second 13 7 degree, or robbery in the first or second degree; or a person 13 8 who commits another class "A" felony in the course of a first 13 9 degree murder. Class "A" felonies for this purpose include 13 10 murder in the first degree, sexual abuse in the first degree, 13 11 and kidnapping in the first degree. With respect to 13 12 previously committed crimes, murder in the second degree, 13 13 sexual abuse in the second degree, kidnapping in the second 13 14 degree, and robbery in the first degree are class "B" 13 15 felonies. Robbery in the second degree is a class "C" felony. 13 16 Murder in the second degree, sexual abuse in the second 13 17 degree, kidnapping in the second degree, and robbery in the 13 18 first and second degrees are all forcible felonies for which a 13 19 convicted person must serve 100 percent of the sentence, 13 20 subject to a possible reduction of up to 15 percent of the 13 21 sentence for good behavior. 13 22 The sentence of death is imposed only if the trier of fact 13 23 unanimously answers three questions affirmatively: (1) 13 24 whether the conduct of the defendant that caused the death of 13 25 the deceased was committed willfully, deliberately, and with 13 26 reasonable expectation that the death of the deceased or 13 27 another would result; (2) whether a probability exists that in 13 28 the future the defendant would commit criminal acts of 13 29 violence that would constitute a continuing threat to society; 13 30 and (3) whether aggravating circumstances exist that are 13 31 sufficient to outweigh any mitigating circumstances that may 13 32 exist. The sentencing proceeding is conducted separately from 13 33 the finding of guilt or innocence by the same trier of fact. 13 34 If the jury fails to agree unanimously on the required 13 35 affirmative findings or if the supreme court determines that 14 1 error was committed in the sentencing proceeding, the penalty 14 2 would be life imprisonment. 14 3 The death penalty sentence would be reviewed automatically 14 4 by the supreme court. The bill requires the supreme court to 14 5 examine whether the sentence is excessive or disproportionate 14 6 to penalties in similar cases. If affirmed by the supreme 14 7 court, the penalty would be accomplished by lethal injection. 14 8 The bill requires the board of corrections to adopt rules 14 9 pertaining to executions. 14 10 The bill provides that in order to receive a sentence of 14 11 death, the defendant must be at least 16 years of age and not 14 12 mentally ill at the time the offense is committed. A 14 13 procedure for the determination of mental illness is provided. 14 14 A person who is mentally ill at the time that a warrant of 14 15 execution is issued will not be executed until the person no 14 16 longer suffers from the condition. The bill also provides 14 17 that it applies only to offenses committed on or after the 14 18 bill's effective date and, that if any provision or 14 19 application of a provision is invalid, it is severable from 14 20 the rest of the bill. 14 21 LSB 1137HH 77 14 22 lh/sc/14
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