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PAG LIN
1 1 Amend Senate File 365, as follows:
1 2 #1. Page 5, line 19, by striking the figure "4"
1 3 and inserting the following: "6".
1 4 #2. Page 8, line 6, by striking the words "before
1 5 the same trier of fact".
1 6 #3. Page 9, by striking lines 11 through 33, and
1 7 inserting the following: "or the victim."
1 8 #4. By striking page 12, line 12 through page 13,
1 9 line 19, and inserting the following:
1 10 "3. Except for good cause shown, as soon as
1 11 practicable but not later than sixty days after the
1 12 return of a verdict of guilty or the entry of a plea
1 13 of guilty to a charge of capital murder, a panel of
1 14 three judges shall conduct a separate sentencing
1 15 hearing to determine whether the defendant should be
1 16 sentenced to death or life imprisonment. The panel of
1 17 judges shall consist of the judge who presided at the
1 18 trial or before whom the guilty plea was entered and
1 19 two additional district court judges, to be appointed
1 20 by the chief justice of the supreme court. If the
1 21 trial judge dies, resigns, is incapacitated, or is
1 22 otherwise disqualified, a replacement for the trial
1 23 judge shall also be appointed by the chief justice.
1 24 The two additional district court judges, and any
1 25 necessary replacement for the trial judge, may be
1 26 selected from any judicial district in the state but
1 27 the chief justice shall give preference in selection
1 28 of judges to judges from the judicial district in
1 29 which the case was filed or from adjoining judicial
1 30 districts. In selecting the district court judges for
1 31 the panel, the chief justice shall select only those
1 32 district court judges who are regularly sitting
1 33 judges, except that the chief justice may select a
1 34 retired justice of the supreme court or a retired
1 35 judge from the court of appeals as one of the
1 36 additional judges for the panel. Any district court
1 37 judge who is appointed to serve on the panel may be
1 38 subject to disqualification as provided in sections
1 39 602.1603, 602.1604, 602.1606, 602.1609, 602.1610, and
1 40 602.1612. The trial judge shall be the presiding
1 41 judge for purposes of the sentencing hearing. If a
1 42 replacement judge has been appointed for the trial
1 43 judge, the district court judges appointed to the
1 44 panel shall choose a presiding judge from among
1 45 themselves.
1 46 4. At the sentencing hearing, in addition to the
1 47 evidence presented by the parties, the three-judge
1 48 panel shall consider the certified transcripts of the
1 49 trial. Any evidence presented by either the
1 50 prosecuting attorney or the defendant that the panel
2 1 of judges deems relevant to the nature of the crime,
2 2 and the character, background, and history of the
2 3 defendant, including any evidence presented in the
2 4 initial proceeding of the trial, and any matters
2 5 relating to any aggravating or mitigating factors may
2 6 be presented. Any evidence which the panel of judges
2 7 deems to have probative value may be received, as long
2 8 as each party is given an opportunity to rebut such
2 9 evidence, although the introduction of any evidence
2 10 secured in violation of the Constitution of the United
2 11 States or of the Constitution of Iowa shall not be
2 12 authorized. The prosecuting attorney and the
2 13 defendant or the defendant's counsel shall be
2 14 permitted to present arguments for or against a
2 15 sentence of death.
2 16 5. The burden of proof as to each aggravating
2 17 factor shall be beyond a reasonable doubt. There shall
2 18 be no burden of proof as to proving or disproving
2 19 mitigating factors.
2 20 6. After hearing all the evidence and arguments of
2 21 the prosecuting attorney and the defendant or the
2 22 defendant's counsel, the panel of judges shall
2 23 unanimously determine whether to impose a sentence of
2 24 death based upon special verdicts on the following
2 25 issues:
2 26 a. Whether at least one aggravating factor has
2 27 been proved beyond a reasonable doubt.
2 28 b. Whether no mitigating factors exist which
2 29 outweigh any aggravating factor or factors found to
2 30 exist.
2 31 c. Whether the defendant should be sentenced to
2 32 death.
2 33 7. The panel of judges shall not impose a death
2 34 sentence unless it returns unanimous affirmative
2 35 written findings on all of the issues in subsection 6.
2 36 The sentence of the panel of judges, whether to death
2 37 or to life in prison, shall be supported by specific
2 38 written findings of fact based upon any aggravating
2 39 and mitigating factors established and upon the
2 40 records of the trial and the sentencing hearing. If
2 41 the panel of judges cannot unanimously agree on a
2 42 sentence, it shall make a record of each judge's
2 43 position and shall sentence the defendant to life
2 44 imprisonment."
2 45 #5. Page 15, line 29, by striking the words "trial
2 46 court" and inserting the following: "three-judge
2 47 panel".
2 48 #6. Page 15, line 35, by striking the words "trial
2 49 court" and inserting the following: "three-judge
2 50 panel".
3 1 #7. Page 16, line 4, by inserting after the word
3 2 "so." the following: "Noncompliance with this rule
3 3 without a showing of good cause shall result in the
3 4 exclusion of the evidence sought to be introduced
3 5 without further sanction."
3 6
3 7
3 8
3 9 STEVEN D. HANSEN
3 10 SF 365.202 77
3 11 lh/jj/28
Text: S03415 Text: S03417 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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