Text: HF02094 Text: HF02096 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6A. The state public defender shall 1 4 coordinate the provision of legal representation of all 1 5 indigents under arrest or charged with capital murder as 1 6 follows: 1 7 a. Establish or contract to establish multiple teams of 1 8 qualified lead counsel and co-counsel to furnish legal 1 9 services in capital murder cases, appeals from capital murder 1 10 cases, postconviction relief related to capital murder cases, 1 11 and appeals from postconviction relief related to capital 1 12 murder cases. 1 13 b. Adopt rules which establish minimum standards for 1 14 qualifications for persons who are appointed by the court and 1 15 compensated by the state to furnish legal services as lead 1 16 counsel and co-counsel to indigent persons arrested or charged 1 17 with capital murder. Standards established shall comply with 1 18 standards established by the supreme court for qualification 1 19 of counsel in capital murder cases. 1 20 c. Conduct or sponsor specialized training programs for 1 21 attorneys representing persons who may be executed. 1 22 Sec. 2. NEW SECTION. 602.10111A QUALIFICATIONS OF 1 23 COUNSEL IN DEATH PENALTY CASES. 1 24 The supreme court shall prescribe rules which establish 1 25 minimum standards and procedures by which attorneys may become 1 26 qualified to provide legal services as lead counsel and co- 1 27 counsel in capital murder cases. Standards for lead counsel 1 28 shall include minimum training and felony defense experience 1 29 requirements in addition to admission to the practice of law 1 30 in this state. In establishing the standards, the court shall 1 31 consider standards established by the American bar 1 32 association, associations of criminal defense attorneys, or 1 33 other organizations. 1 34 Sec. 3. Section 701.7, Code 1997, is amended to read as 1 35 follows: 2 1 701.7 FELONY DEFINED AND CLASSIFIED. 2 2 A public offense is a felony of a particular class when the 2 3 statute defining the crime declares it to be a felony. 2 4 Felonies are capital felonies, class "A" felonies, class "B" 2 5 felonies, class "C" felonies, and class "D" felonies.Where2 6 If the statute defining the offense declares it to be a felony 2 7 but does not state what class of felony it is or provide for a 2 8 specific penalty, that felonyshall beis a class "D" felony. 2 9 Sec. 4. NEW SECTION. 707.1A CAPITAL MURDER. 2 10 1. a. A person commits capital murder if the person 2 11 commits murder in the first degree pursuant to section 707.2, 2 12 and the person previously has been convicted of capital 2 13 murder, a class "A" felony pursuant to section 707.2, 709.2, 2 14 or 710.2, or a criminal offense in another jurisdiction which 2 15 would constitute capital murder or a class "A" felony under 2 16 section 707.2, 709.2, or 710.2 if committed in this state. 2 17 For purposes of this subsection, a conviction which occurs 2 18 prior to the filing of an indictment or information for 2 19 capital murder and which relates to an offense which was 2 20 committed prior to the commission of the acts which are 2 21 alleged in the capital murder indictment or information shall 2 22 be considered to be a previous conviction. 2 23 b. A person commits capital murder if the person commits 2 24 murder in the first degree pursuant to section 707.2, and the 2 25 person, in the course of that murder, commits another class 2 26 "A" felony pursuant to section 707.2, 709.2, or 710.2. 2 27 2. Capital murder is a felony punishable either by death 2 28 or by life imprisonment, as determined pursuant to sections 20 2 29 through 23 of this Act. However, if a person convicted of 2 30 capital murder was under the age of eighteen at the time the 2 31 offense was committed, is mentally retarded, or did not 2 32 directly commit the act which constituted murder in the first 2 33 degree, the person shall be sentenced to life imprisonment. 2 34 For purposes of this section, "mentally retarded" means 2 35 significant subaverage general intellectual functioning 3 1 accompanied by significant deficits or impairments in adaptive 3 2 functioning manifested in the developmental period, but no 3 3 later than the age of eighteen years, and accompanied by 3 4 deficits in adaptive behavior. 3 5 3. If a defendant is sentenced to death pursuant to 3 6 sections 20 through 23 of this Act, the sentence shall be 3 7 executed by the administration of a lethal injection pursuant 3 8 to rules adopted by the board of corrections. For the 3 9 purposes of this section, "lethal injection" means a 3 10 continuous intravenous injection of a lethal quantity of 3 11 sodium thiopental or other equally or more effective substance 3 12 sufficient to cause death. 3 13 Sec. 5. Section 707.2, unnumbered paragraph 1, Code 1997, 3 14 is amended to read as follows: 3 15 A person commits murder in the first degree when the person 3 16 commits murder which is not capital murder and which is 3 17 committed under any of the following circumstances: 3 18 Sec. 6. Section 707.3, unnumbered paragraph 1, Code 1997, 3 19 is amended to read as follows: 3 20 A person commits murder in the second degree when the 3 21 person commits murder which is not capital murder or murder in 3 22 the first degree. 3 23 Sec. 7. Section 707.4, unnumbered paragraph 2, Code 1997, 3 24 is amended to read as follows: 3 25 Voluntary manslaughter is an included offense under an 3 26 indictment for capital murder or murder in the first or second 3 27 degree. 3 28 Sec. 8. Section 707.5, unnumbered paragraph 1, Code 1997, 3 29 is amended to read as follows: 3 30 Involuntary manslaughter as defined in this section is an 3 31 included offense under an indictment for capital murder or 3 32 murder in the first or second degree or voluntary 3 33 manslaughter. 3 34 Sec. 9. Section 802.1, Code 1997, is amended to read as 3 35 follows: 4 1 802.1 MURDER. 4 2 A prosecution for capital murder or murder in the first or 4 3 second degree may be commenced at any time after the death of 4 4 the victim. 4 5 Sec. 10. Section 811.1, subsections 1 and 2, Code 4 6 Supplement 1997, are amended to read as follows: 4 7 1. A defendant awaiting judgment of conviction and 4 8 sentencing following either a plea or verdict of guilty of a 4 9 class "A" felony, capital murder, murder, any class "B" felony 4 10 included in section 707.6A, felonious assault, felonious child 4 11 endangerment, sexual abuse in the second degree, sexual abuse 4 12 in the third degree, kidnapping, robbery in the first degree, 4 13 arson in the first degree, or burglary in the first degree, or 4 14 any felony included in section 124.401, subsection 1, 4 15 paragraph "a". 4 16 2. A defendant appealing a conviction of a class "A" 4 17 felony, capital murder, murder, any class "B" felony included 4 18 in section 707.6A, felonious assault, felonious child 4 19 endangerment, sexual abuse in the second degree, sexual abuse 4 20 in the third degree, kidnapping, robbery in the first degree, 4 21 arson in the first degree, or burglary in the first degree, or 4 22 any felony included in section 124.401, subsection 1, 4 23 paragraph "a". 4 24 Sec. 11. Section 811.1, Code Supplement 1997, is amended 4 25 by adding the following new subsection: 4 26 NEW SUBSECTION. 4. A defendant charged with capital 4 27 murder, if upon hearing held under the conditions required by 4 28 section 812.2, the prosecuting attorney establishes by clear 4 29 and convincing evidence that the release of the defendant from 4 30 custody is likely to pose a danger of physical harm to another 4 31 person. The court shall consider all lawfully obtained 4 32 evidence relevant to the required determination, whether or 4 33 not the evidence would be admissible at trial, but testimony 4 34 of the person charged is not admissible at a subsequent trial 4 35 on the issue of guilt of the offense charged or of any other 5 1 offense. 5 2 Sec. 12. NEW SECTION. 814.28 REVIEW OF DEATH SENTENCE. 5 3 1. In a case in which a sentence of death is imposed, the 5 4 supreme court shall automatically review the judgment and 5 5 sentence. The case shall not be transferred to the court of 5 6 appeals. 5 7 2. A review by the supreme court of a judgment and 5 8 sentence imposing the punishment of death has priority over 5 9 all other criminal and other actions pending before the 5 10 supreme court. 5 11 3. The supreme court shall review the trial and judgment, 5 12 and separately shall review the sentencing proceeding. Upon 5 13 determining that errors did not occur at the trial requiring 5 14 reversal or modification of the judgment, the supreme court 5 15 shall proceed to determine if the sentence of death is 5 16 lawfully imposed. In its review of the sentencing proceeding 5 17 the supreme court shall determine all of the following: 5 18 a. Whether the sentence of death was imposed capriciously 5 19 or under the influence of prejudice or other arbitrary factor. 5 20 b. Whether the special verdicts returned under section 20, 5 21 subsection 4, of this Act, are supported by the evidence. 5 22 c. Whether the sentence of death is excessive or 5 23 disproportionate to the penalty imposed in similar cases, 5 24 considering both the crime and the defendant. 5 25 4. If the supreme court determines that the sentence of 5 26 death was not lawfully imposed, the court shall set aside the 5 27 sentence and shall remand the case to the trial court for 5 28 imposition of a sentence of life imprisonment. 5 29 5. If the supreme court affirms the judgment and sentence 5 30 of death, the clerk of the supreme court shall certify the 5 31 judgment of the supreme court under the seal of the court to 5 32 the clerk of the trial court. 5 33 Sec. 13. Section 815.7, Code Supplement 1997, is amended 5 34 to read as follows: 5 35 815.7 FEES TO ATTORNEYS. 6 1 An attorney who has not entered into a contract authorized 6 2 under section 13B.4 and who is appointed by the court to 6 3 represent any person charged with a crime in this state or to 6 4 serve as counsel or guardian ad litem to a person in juvenile 6 5 court in this state shall be entitled to a reasonable 6 6 compensation which shall be the ordinary and customary charges 6 7 for like services in the community to be decided in each case 6 8 by a judge of the district court or of the juvenile court, as 6 9 applicable, including such sum or sums as the court may 6 10 determine are necessary for investigation in the interests of 6 11 justice and in the event of appeal the cost of obtaining the 6 12 transcript of the trial and the printing of the trial record 6 13 and necessary briefs in behalf of the defendant. However, the 6 14 reasonable compensation awarded an attorney shall not be 6 15 calculated based upon an hourly rate that exceeds the rate a 6 16 contract attorney as provided in section 13B.4 would receive 6 17 in a similar case. Such attorney need not follow the case 6 18 into another county or into the appellate court unless so 6 19 directed by the court at the request of the defendant, where 6 20 grounds for further litigation are not capricious or 6 21 unreasonable, but if such attorney does so, the attorney's fee 6 22 shall be determined accordingly. Only one attorney fee shall 6 23 be so awarded in any one case, except that in class "A" felony 6 24 cases,two may be authorized and in capital murder cases two 6 25 shall be authorized. 6 26 Sec. 14. NEW SECTION. 901.11 CAPITAL MURDER PROCEEDINGS. 6 27 1. Upon the indictment of a person for a charge of capital 6 28 murder, if the prosecutor has not previously given notice of 6 29 waiver of intent to seek the death penalty, objections to the 6 30 imposition of the death penalty based upon allegations that a 6 31 defendant was mentally retarded at the time of the commission 6 32 of the offense may be raised within the time provided for the 6 33 filing of pretrial motions under rule of criminal procedure 6 34 10, Iowa court rules, third edition. The court may, for good 6 35 cause shown, allow late filing of the motion. Hearing on the 7 1 motion shall be held prior to trial and the burden of proof 7 2 shall be on the defendant to prove mental retardation by a 7 3 preponderance of the evidence. However, a rebuttable 7 4 presumption of mental retardation arises if a defendant has an 7 5 intelligence quotient of seventy or below. If the court finds 7 6 that the defendant is mentally retarded and the defendant is 7 7 convicted of capital murder, 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 shall sentence the 7 10 defendant to life imprisonment. A finding by the court that 7 11 the mental retardation evidence presented by the defendant 7 12 does not preclude the imposition of the death penalty in the 7 13 sentencing proceeding, does not preclude the introduction of 7 14 evidence of mental retardation as a mitigating circumstance in 7 15 the sentencing proceeding. If the court finds that the mental 7 16 retardation evidence presented by the defendant does not 7 17 preclude the imposition of the death penalty in the sentencing 7 18 proceeding, the jury shall not be informed of the court's 7 19 finding at any time. 7 20 2. If a charge of capital murder is submitted to the jury 7 21 or court, but the prosecuting attorney waives the death 7 22 penalty, upon a verdict of guilty, the court shall sentence 7 23 the defendant to life imprisonment. If the prosecuting 7 24 attorney waives the death penalty, the court shall follow the 7 25 sentencing procedures set forth in rule of criminal procedure 7 26 22, Iowa court rules, third edition, and need not follow the 7 27 special sentencing procedures provided for capital murder 7 28 cases. 7 29 3. If a charge of capital murder is submitted to the jury 7 30 or court, but the evidence admitted in the trial, which was 7 31 used to establish that the defendant committed the offense, 7 32 did not include fingerprints, a videotape of the offense, 7 33 genetic test results, or an uncontested confession by the 7 34 defendant, upon a verdict of guilty, the court shall sentence 7 35 the defendant to life imprisonment. 8 1 4. If capital murder is charged, but the charge is not 8 2 submitted to the court or jury, or the court or jury finds the 8 3 defendant guilty of another offense, upon conviction of the 8 4 other charge, the court shall follow the sentencing procedures 8 5 set forth in rule of criminal procedure 22, Iowa court rules, 8 6 third edition, concerning sentencing for the offense, rather 8 7 than the sentencing procedures provided for capital murder 8 8 cases. 8 9 5. Capital murder proceedings shall be conducted in 8 10 bifurcated proceedings before the same trier of fact. During 8 11 the initial proceeding, the jury, or the court, if the 8 12 defendant waives the right to a jury trial, shall decide only 8 13 whether the defendant is guilty or not guilty of any submitted 8 14 offense. The issue of punishment shall not be submitted 8 15 during the initial proceeding. 8 16 Upon a verdict of guilty to a capital murder charge, a 8 17 separate sentencing proceeding shall be conducted as provided 8 18 in sections 20 through 23 of this Act. If a defendant enters 8 19 a plea of guilty to a capital murder charge, the court shall 8 20 conduct a separate sentencing proceeding as provided in 8 21 sections 20 through 23 of this Act. 8 22 6. In the sentencing proceeding, evidence of the following 8 23 mitigating circumstances may be presented: 8 24 a. The defendant was under the influence of an extreme 8 25 mental or emotional disturbance insufficient to constitute a 8 26 defense. 8 27 b. The victim solicited, participated in, or consented to 8 28 the conduct which resulted in the victim's death. 8 29 c. The age of the defendant at the time of the offense. 8 30 d. The defendant's capacity to appreciate the wrongfulness 8 31 of the defendant's conduct and to conform that conduct to the 8 32 requirements of law was impaired by a mental disease or defect 8 33 or mental retardation, but not to a degree sufficient to 8 34 constitute a defense. 8 35 e. The defendant has no significant history of prior adult 9 1 criminal activity. 9 2 f. The defendant acted under extreme duress or under the 9 3 substantial domination of another person. 9 4 g. The defendant rendered substantial assistance to the 9 5 state in the prosecution of another person for the crime of 9 6 capital murder. 9 7 h. The evidence which establishes that the defendant 9 8 committed murder in the first degree does not include direct 9 9 evidence from at least two different sources. 9 10 i. Any other factor which is relevant to the defendant's 9 11 character or record or the circumstances of the offense. 9 12 7. A sentence of death shall not be imposed if the 9 13 recommendation is based on the race, color, religious beliefs, 9 14 national origin, sexual orientation, or sex of the defendant 9 15 or any victim. After submission of the issues, but prior to 9 16 the return of a finding in the penalty proceeding, if the 9 17 matter is tried before a jury, the court shall, upon the 9 18 request of the defendant, instruct the jury that in 9 19 considering whether a sentence of death is justified, the 9 20 race, color, religious beliefs, national origin, sexual 9 21 orientation, or sex of the defendant or of any victim shall 9 22 not be considered. The court shall further instruct the jury 9 23 that a recommendation for a sentence of death shall not be 9 24 returned unless the jury has concluded that such a sentence 9 25 would be recommended no matter what the race, color, religious 9 26 beliefs, national origin, sexual orientation, or sex of the 9 27 defendant or any victim may be. The jury, upon a finding that 9 28 a defendant shall be sentenced to death and if the defendant 9 29 has submitted a request, shall also return to the court a 9 30 certificate, signed by each juror, that consideration of race, 9 31 color, religious beliefs, national origin, sexual orientation, 9 32 or sex of the defendant or any victim, was not involved in the 9 33 juror's individual decision, and that the juror would have 9 34 made the same recommendation regarding the sentence no matter 9 35 what the race, color, religious beliefs, national origin, 10 1 sexual orientation, or sex of the defendant or any victim may 10 2 be. 10 3 Sec. 15. NEW SECTION. 902.13 CAPITAL MURDER. 10 4 If a person is to be sentenced to life imprisonment under 10 5 section 20, subsection 7, of this Act, nothing in chapters 901 10 6 through 909, pertaining to deferred judgment, deferred 10 7 sentence, suspended sentence, or reconsideration of sentence, 10 8 applies, and the person shall not be released on parole unless 10 9 the governor commutes the person's sentence to a term of years 10 10 and shall not otherwise be released from confinement unless 10 11 the governor pardons the person. 10 12 Sec. 16. NEW SECTION. 902.14 DATA COLLECTION FOR DEATH 10 13 PENALTY. 10 14 1. The division of criminal and juvenile justice planning 10 15 of the department of human rights, in cooperation with the 10 16 supreme court, the department of corrections, the department 10 17 of public safety, the office of attorney general, and the 10 18 state public defender, shall collect data on all murder 10 19 charges in which the death penalty is or was not waived, and 10 20 which are filed and processed in the courts in this state. 10 21 The data may be used by the supreme court to determine whether 10 22 death sentences imposed are excessive or disproportionate, or 10 23 were imposed under the influence of prejudice as a result of 10 24 racial discrimination. The court shall make the data 10 25 available to litigants in death penalty cases. 10 26 2. Data collected by public officials concerning factors 10 27 relevant to the imposition of the death penalty are public 10 28 records open to inspection and copying under chapter 22. 10 29 Sec. 17. NEW SECTION. 903B.1 EXECUTIONS – REFUSAL TO 10 30 PERFORM. 10 31 An employee of the state who may lawfully perform, assist, 10 32 or participate in the execution of a person pursuant to 10 33 sections 707.1A and 904.105, and rules adopted by the 10 34 department of corrections, shall not be required to perform, 10 35 assist, or participate in the execution. State employees who 11 1 refuse to perform, assist, or participate in the execution of 11 2 a person shall not be discriminated against in any way, 11 3 including, but not limited to, employment, promotion, 11 4 advancement, transfer, licensing, education, training, or the 11 5 granting of any privileges or appointments because of the 11 6 refusal to perform, assist, or participate in an execution. 11 7 Sec. 18. Section 904.105, Code 1997, is amended by adding 11 8 the following new subsection: 11 9 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 11 10 pertaining to executions of persons convicted of capital 11 11 murder. Rules adopted shall include, but are not limited to, 11 12 rules relating to the witnessing of executions by members of 11 13 the public. 11 14 Sec. 19. Rules of criminal procedure, Iowa court rules, 11 15 third edition, are amended by adding sections 20 through 23 of 11 16 this Act. 11 17 Sec. 20. NEW RULE. CAPITAL MURDER – PROCEDURE. 11 18 1. Upon the indictment of a person for a charge of capital 11 19 murder, if the prosecutor has not previously given notice of 11 20 waiver of intent to seek the death penalty, objections to the 11 21 imposition of the death penalty based upon allegations that a 11 22 defendant was mentally retarded at the time of the commission 11 23 of the offense may be raised within the time provided for the 11 24 filing of pretrial motions under rule of criminal procedure 11 25 10, Iowa court rules, third edition. The court may, for good 11 26 cause shown, allow late filing of the motion. Hearing on the 11 27 motion shall be held prior to trial and the burden of proof 11 28 shall be on the defendant to prove mental retardation by a 11 29 preponderance of the evidence. However, a rebuttable 11 30 presumption of mental retardation arises if a defendant has an 11 31 intelligence quotient of seventy or below. If the court finds 11 32 that the defendant is mentally retarded and the defendant is 11 33 convicted of capital murder, the court shall follow the 11 34 sentencing procedures set forth in rule of criminal procedure 11 35 22, Iowa court rules, third edition, and shall sentence the 12 1 defendant to life imprisonment. A finding by the court that 12 2 the mental retardation evidence presented by the defendant 12 3 does not preclude the imposition of the death penalty in the 12 4 sentencing proceeding, does not preclude the introduction of 12 5 evidence of mental retardation as a mitigating circumstance in 12 6 the sentencing proceeding. If the court finds that the mental 12 7 retardation evidence presented by the defendant does not 12 8 preclude the imposition of the death penalty in the sentencing 12 9 proceeding, the jury shall not be informed of the court's 12 10 finding at any time. 12 11 2. If a charge of capital murder is to be tried to a jury 12 12 and the prosecutor has not previously given notice of waiver 12 13 of intent to seek the death penalty, each party shall have the 12 14 right to individualized, sequestered, counsel-conducted voir 12 15 dire. 12 16 3. Upon a finding or plea that a defendant is guilty of 12 17 capital murder, the court shall conduct a separate sentencing 12 18 proceeding to determine whether the defendant shall be 12 19 sentenced to death or to life imprisonment. The proceeding 12 20 shall be conducted in the trial court before the trial jury, 12 21 or the court if there is no jury, as soon as practicable. In 12 22 the proceeding, additional evidence may be presented as to any 12 23 matter which is relevant to the sentence. The court shall 12 24 receive when offered any evidence that is required by the 12 25 rules of criminal procedure. This subsection does not 12 26 authorize the introduction of any evidence secured in 12 27 violation of the Constitution of the United States or of the 12 28 Constitution of the State of Iowa. The state and the 12 29 defendant or the defendant's counsel shall be permitted to 12 30 cross-examine witnesses and to present arguments for or 12 31 against a sentence of death. 12 32 4. On conclusion of the presentation of the evidence, the 12 33 court shall submit each of the following issues to the jury: 12 34 a. If one or more aggravating circumstances have been 12 35 established, whether one or more of those aggravating 13 1 circumstances outweigh any one or more mitigating 13 2 circumstances. 13 3 b. Whether the defendant shall be sentenced to death. 13 4 If the case is not tried to a jury, the court shall 13 5 determine the issues. 13 6 5. The state must prove each aggravating circumstance in 13 7 subsection 4 beyond a reasonable doubt, and the jury, or the 13 8 court if there is no jury, shall return a special verdict of 13 9 "yes" or "no" on each issue. 13 10 6. If the case is tried to a jury, the court shall charge 13 11 the jury that: 13 12 a. It shall answer any issue "yes" if it agrees 13 13 unanimously. 13 14 b. It shall answer any issue "no" if the jurors 13 15 unanimously agree that the answer is "no" or if the jurors do 13 16 not unanimously agree that the answer is "yes". 13 17 7. If the jury, or the court if there is no jury, returns 13 18 an affirmative finding on all applicable issues, the court 13 19 shall sentence the defendant to death. If the jury or the 13 20 court returns a negative finding on any applicable issue, the 13 21 court shall sentence the defendant to the custody of the 13 22 director of the department of corrections for confinement for 13 23 the rest of the defendant's life. 13 24 8. Iowa Code chapters 901 through 909 do not apply to a 13 25 conviction of capital murder if the defendant is sentenced to 13 26 death. 13 27 Sec. 21. NEW RULE. AUTOMATIC REVIEW – STAY OF JUDGMENT. 13 28 1. A judgment of conviction and sentence of death shall be 13 29 reviewed automatically in the manner provided in Iowa Code 13 30 section 814.28, and the Iowa supreme court has exclusive 13 31 jurisdiction of the review. 13 32 2. Upon entry of judgment and sentence of death, the trial 13 33 court shall prepare a complete record and transcript of the 13 34 action in the manner provided in the rules of criminal 13 35 procedure and shall docket the record and transcript with the 14 1 clerk of the supreme court. 14 2 3. The judgment and sentence of the trial court is stayed 14 3 as a matter of law from the time of its entry until the 14 4 judgment of the supreme court is certified to and entered by 14 5 the trial court. Upon entry of a judgment of the supreme 14 6 court which affirms the conviction and sentence, the stay of 14 7 the judgment and sentence terminates as a matter of law. 14 8 4. All court costs required due to the automatic 14 9 preparation of the record and transcript, docketing with the 14 10 supreme court, and stay of judgment and sentence shall be 14 11 assessed to the state. 14 12 Sec. 22. NEW RULE. ISSUANCE OF WARRANT. 14 13 1. Upon exhaustion of the defendant's appeal and 14 14 postconviction remedies, the court shall enter the affirmation 14 15 of judgment and shall issue a warrant under the seal of the 14 16 court for the execution of the sentence of death. The warrant 14 17 shall specifically set forth the offense and the fact of 14 18 conviction, shall state the judgment and sentence of the 14 19 court, shall state that the judgment and sentence were 14 20 affirmed by the supreme court and the date of entry of the 14 21 final affirmation of judgment in the trial court, and shall 14 22 specify the date fixed for execution of the defendant which 14 23 shall be not less than fifty nor more than sixty days after 14 24 the date of entry in the trial court of the final affirmation 14 25 of judgment and sentence of death. The warrant shall be 14 26 directed to the director of the department of corrections 14 27 commanding the director to cause the warrant to be executed on 14 28 the date specified. The trial court shall deliver the warrant 14 29 to the sheriff of the county in which judgment of conviction 14 30 was entered and the sheriff shall deliver the warrant and the 14 31 defendant to the custody of the department of corrections for 14 32 confinement in the state penitentiary. The director of the 14 33 department of corrections shall acknowledge receipt of the 14 34 warrant and the defendant, and the sheriff shall return the 14 35 acknowledgment to the office of the clerk of the trial court 15 1 from which the warrant was issued. 15 2 2. Immediately after issuance of a warrant ordering a 15 3 sentence of death, the clerk of the trial court issuing the 15 4 warrant shall transmit by mail to the governor a copy of the 15 5 indictment, the plea, the verdict and special findings, the 15 6 affirmation of judgment and sentence by the supreme court, and 15 7 the complete transcript of the trial court. 15 8 3. Notwithstanding subsection 1, if a defendant, for whom 15 9 a warrant of execution is issued, is pregnant, the execution 15 10 shall not take place until after the defendant is no longer 15 11 pregnant. 15 12 Sec. 23. NEW RULE. EVIDENCE AT SENTENCING IN CAPITAL 15 13 MURDER CASES – REQUIRED INFORMATION. 15 14 1. At a reasonable time before the commencement of 15 15 sentencing proceedings in a capital murder case, each party 15 16 shall file and serve upon the other party the following: 15 17 a. A list of all aggravating or any of the mitigating 15 18 circumstances specified in section 901.11 which the party 15 19 intends to prove during the sentencing proceedings. 15 20 b. The names of all persons whom the party intends to call 15 21 as witnesses during the sentencing proceedings. 15 22 c. Notwithstanding rule 13, copies, or for inspection 15 23 purposes, the location, of all documents, including books, 15 24 papers, writings, drawings, graphs, charts, photographs, 15 25 phonorecords, and other data compilations from which 15 26 information can be obtained, or other objects which the party 15 27 intends to offer into evidence during the sentencing 15 28 proceedings. If copies are not supplied to opposing counsel, 15 29 the party shall make the items available for inspection and 15 30 copying without order of the court. 15 31 2. In proceedings to determine whether the sentence shall 15 32 be death or life imprisonment, evidence may be presented as to 15 33 any matter which the trial court deems relevant to the 15 34 sentence, including but not limited to the nature, 15 35 circumstances, and manner of completion of the murder, and the 16 1 defendant's character, background, history, and mental and 16 2 physical condition. However, evidence concerning a 16 3 defendant's juvenile delinquency adjudications shall not be 16 4 admitted. The trial court shall admit any relevant evidence 16 5 respecting any aggravating or mitigating circumstances, if the 16 6 party has included the circumstance on a list provided 16 7 pursuant to this rule, or good cause is shown for the failure 16 8 to do so. 16 9 Sec. 24. EFFECTIVE DATE – APPLICABILITY. 16 10 1. This Act, being deemed of immediate importance, takes 16 11 effect upon enactment, but applies only to offenses committed 16 12 on or after January 1, 1999. 16 13 2. If the imposition of a sentence of death under this Act 16 14 is found to be unconstitutional, the sentence of any person 16 15 who has been sentenced to death under this Act shall 16 16 automatically be commuted to life imprisonment and the 16 17 provisions of sections 902.1 and 902.2 shall apply to the 16 18 conditions of the person's sentence. 16 19 EXPLANATION 16 20 This bill amends the Iowa criminal code to provide for 16 21 punishment by death for murder committed under specified 16 22 circumstances if the trial jury, or the judge if there is no 16 23 jury, makes specific affirmative findings respecting the act 16 24 of murder and whether the jury believes the defendant should 16 25 be put to death in a separate sentencing proceeding held after 16 26 the close of the trial. Under the bill, the offense of 16 27 capital murder involves a murder which would constitute murder 16 28 in the first degree committed by a person who has previously 16 29 committed capital murder or a class "A" felony; or a situation 16 30 in which a person commits another class "A" felony in the 16 31 course of committing a first degree murder. Class "A" 16 32 felonies for this purpose include murder in the first degree, 16 33 sexual abuse in the first degree, and kidnapping in the first 16 34 degree. 16 35 If a person is indigent and is charged with capital murder, 17 1 payment of costs for two attorneys is authorized. Both the 17 2 state public defender and the supreme court are required to 17 3 establish standards for the competency of counsel in death 17 4 penalty cases. The state public defender is also charged with 17 5 establishing teams of qualified lead and co-counsel for death 17 6 penalty cases, as well as conducting specialized training 17 7 programs for attorneys representing persons who may be 17 8 executed. 17 9 If a capital murder case proceeds to trial, in addition to 17 10 any other defenses which may be presented to the charge, the 17 11 defendant may raise the issue of mental retardation during the 17 12 time of filing pretrial motions, and the defendant is entitled 17 13 to a rebuttable presumption of mental retardation if the 17 14 defendant establishes that the defendant has an intelligence 17 15 quotient of 70 or below. 17 16 If the death penalty is not waived, both parties are 17 17 entitled to conduct sequestered, counsel-conducted voir dire. 17 18 Once the evidence is submitted to the jury, the court will 17 19 instruct the jury, at the defendant's request, that in 17 20 considering whether a sentence of death is justified, the 17 21 race, color, religious beliefs, national origin, sexual 17 22 orientation, or sex of the defendant or of any victim is not 17 23 to be considered. If a verdict of guilty is submitted, again 17 24 at the defendant's request, the jury will be required to 17 25 submit a certificate that none of those considerations 17 26 influenced the verdict. Evidence relating to whether the 17 27 death sentences imposed are excessive, disproportionate, or 17 28 imposed under the influence of prejudice at trial will be 17 29 collected and available to litigants and members of the 17 30 general public. 17 31 If a verdict of guilty is returned, but the evidence 17 32 admitted at trial did not include fingerprints, a videotape of 17 33 the offense, genetic test results, or an uncontested 17 34 confession, the defendant shall be sentenced to life 17 35 imprisonment. 18 1 The sentence of death is imposed only if the death penalty 18 2 has not been previously waived and the trier of fact 18 3 unanimously answers two questions affirmatively: (1) whether 18 4 aggravating circumstances exist that are sufficient to 18 5 outweigh any mitigating circumstances that may exist; and (2) 18 6 whether the defendant should be sentenced to death. The 18 7 sentencing proceeding is conducted separately from the finding 18 8 of guilt or innocence by the same trier of fact. 18 9 For the sentencing proceeding, the trier of fact is to 18 10 weigh any aggravating circumstances established beyond a 18 11 reasonable doubt by the state against any of the enumerated 18 12 mitigating circumstances which may be presented by the 18 13 defendant. Evidence of juvenile delinquency adjudications is 18 14 not admissible in any proceeding to determine the sentence. 18 15 If the jury fails to agree unanimously on the required 18 16 affirmative findings or if the supreme court determines that 18 17 error was committed in the sentencing proceeding, the penalty 18 18 would be life imprisonment. 18 19 The death penalty sentence would be reviewed automatically 18 20 by the supreme court. The bill requires the supreme court to 18 21 examine whether the sentence is excessive or disproportionate 18 22 to penalties in similar cases. If affirmed by the supreme 18 23 court, the penalty would be accomplished by lethal injection. 18 24 The bill requires the board of corrections to adopt rules 18 25 pertaining to executions. 18 26 The bill further provides that in order to receive a 18 27 sentence of death, the defendant must be at least 18 years of 18 28 age at the time the offense is committed, must not be mentally 18 29 retarded, and must have directly committed the act which 18 30 constituted murder in the first degree. 18 31 A person who is sentenced to death, but who is pregnant 18 32 when the warrant of execution is issued is not to be executed 18 33 until the person is no longer pregnant. The bill also 18 34 provides that it takes effect upon enactment and applies only 18 35 to offenses committed on or after January 1, 1999. 19 1 LSB 3658YH 77 19 2 lh/sc/14.1
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Last update: Wed Feb 4 03:43:36 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02000/HF02095/980126.html
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