Text: SF02204 Text: SF02206 Text: SF02200 - SF02299 Text: SF 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 6, 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 for any district court proceedings. 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. During the initial proceeding, the 8 11 jury, or the court, if the defendant waives the right to a 8 12 jury trial, shall decide only whether the defendant is guilty 8 13 or not guilty of any submitted offense. The issue of 8 14 punishment shall not be submitted during the initial 8 15 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 the victim. 9 16 Sec. 15. NEW SECTION. 902.13 CAPITAL MURDER. 9 17 If a person is to be sentenced to life imprisonment under 9 18 section 20, subsection 7, of this Act, nothing in chapters 901 9 19 through 909, pertaining to deferred judgment, deferred 9 20 sentence, suspended sentence, or reconsideration of sentence, 9 21 applies, and the person shall not be released on parole unless 9 22 the governor commutes the person's sentence to a term of years 9 23 and shall not otherwise be released from confinement unless 9 24 the governor pardons the person. 9 25 Sec. 16. NEW SECTION. 902.14 DATA COLLECTION FOR DEATH 9 26 PENALTY. 9 27 1. The division of criminal and juvenile justice planning 9 28 of the department of human rights, in cooperation with the 9 29 supreme court, the department of corrections, the department 9 30 of public safety, the office of attorney general, and the 9 31 state public defender, shall collect data on all murder 9 32 charges in which the death penalty is or was not waived, and 9 33 which are filed and processed in the courts in this state. 9 34 The data may be used by the supreme court to determine whether 9 35 death sentences imposed are excessive or disproportionate, or 10 1 were imposed under the influence of prejudice as a result of 10 2 racial discrimination. The court shall make the data 10 3 available to litigants in death penalty cases. 10 4 2. Data collected by public officials concerning factors 10 5 relevant to the imposition of the death penalty are public 10 6 records open to inspection and copying under chapter 22. 10 7 Sec. 17. NEW SECTION. 903B.1 EXECUTIONS – REFUSAL TO 10 8 PERFORM. 10 9 An employee of the state who may lawfully perform, assist, 10 10 or participate in the execution of a person pursuant to 10 11 sections 707.1A and 904.105, and rules adopted by the 10 12 department of corrections, shall not be required to perform, 10 13 assist, or participate in the execution. State employees who 10 14 refuse to perform, assist, or participate in the execution of 10 15 a person shall not be discriminated against in any way, 10 16 including, but not limited to, employment, promotion, 10 17 advancement, transfer, licensing, education, training, or the 10 18 granting of any privileges or appointments because of the 10 19 refusal to perform, assist, or participate in an execution. 10 20 Sec. 18. Section 904.105, Code 1997, is amended by adding 10 21 the following new subsection: 10 22 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 10 23 pertaining to executions of persons convicted of capital 10 24 murder. Rules adopted shall include, but are not limited to, 10 25 rules relating to the witnessing of executions by members of 10 26 the public. 10 27 Sec. 19. Rules of criminal procedure, Iowa court rules, 10 28 third edition, are amended by adding sections 20 through 23 of 10 29 this Act. 10 30 Sec. 20. NEW RULE. CAPITAL MURDER – PROCEDURE. 10 31 1. Upon the indictment of a person for a charge of capital 10 32 murder, if the prosecutor has not previously given notice of 10 33 waiver of intent to seek the death penalty, objections to the 10 34 imposition of the death penalty based upon allegations that a 10 35 defendant was mentally retarded at the time of the commission 11 1 of the offense may be raised within the time provided for the 11 2 filing of pretrial motions under rule of criminal procedure 11 3 10, Iowa court rules, third edition. The court may, for good 11 4 cause shown, allow late filing of the motion. Hearing on the 11 5 motion shall be held prior to trial and the burden of proof 11 6 shall be on the defendant to prove mental retardation by a 11 7 preponderance of the evidence. However, a rebuttable 11 8 presumption of mental retardation arises if a defendant has an 11 9 intelligence quotient of seventy or below. If the court finds 11 10 that the defendant is mentally retarded and the defendant is 11 11 convicted of capital murder, the court shall follow the 11 12 sentencing procedures set forth in rule of criminal procedure 11 13 22, Iowa court rules, third edition, and shall sentence the 11 14 defendant to life imprisonment. A finding by the court that 11 15 the mental retardation evidence presented by the defendant 11 16 does not preclude the imposition of the death penalty in the 11 17 sentencing proceeding, does not preclude the introduction of 11 18 evidence of mental retardation as a mitigating circumstance in 11 19 the sentencing proceeding. If the court finds that the mental 11 20 retardation evidence presented by the defendant does not 11 21 preclude the imposition of the death penalty in the sentencing 11 22 proceeding, the jury shall not be informed of the court's 11 23 finding at any time. 11 24 2. If a charge of capital murder is to be tried to a jury 11 25 and the prosecutor has not previously given notice of waiver 11 26 of intent to seek the death penalty, each party shall have the 11 27 right to individualized, sequestered, counsel-conducted voir 11 28 dire. 11 29 3. Except for good cause shown, as soon as practicable but 11 30 not later than sixty days after the return of a verdict of 11 31 guilty or the entry of a plea of guilty to a charge of capital 11 32 murder, a panel of three judges shall conduct a separate 11 33 sentencing hearing to determine whether the defendant should 11 34 be sentenced to death or life imprisonment. The panel of 11 35 judges shall consist of the judge who presided at the trial or 12 1 before whom the guilty plea was entered and two additional 12 2 district judges, to be appointed by the chief justice of the 12 3 supreme court. If the trial judge dies, resigns, is 12 4 incapacitated, or is otherwise disqualified, a replacement for 12 5 the trial judge shall also be appointed by the chief justice. 12 6 The two additional district judges, and any necessary 12 7 replacement for the trial judge, may be selected from any 12 8 judicial district in the state but the chief justice shall 12 9 give preference in selection of judges to judges from the 12 10 judicial district in which the case was filed or from 12 11 adjoining judicial districts. In selecting the district 12 12 judges for the panel, the chief justice shall select only 12 13 those district judges who are regularly sitting judges, except 12 14 that the chief justice may select a retired justice of the 12 15 supreme court or a retired judge from the court of appeals as 12 16 one of the additional judges for the panel. Any district 12 17 judge who is appointed to serve on the panel may be subject to 12 18 disqualification as provided in sections 602.1603, 602.1604, 12 19 602.1606, 602.1609, 602.1610, and 602.1612. The trial judge 12 20 shall be the presiding judge for purposes of the sentencing 12 21 hearing. If a replacement judge has been appointed for the 12 22 trial judge, the district judges appointed to the panel shall 12 23 choose a presiding judge from among themselves. 12 24 4. At the sentencing hearing, in addition to the evidence 12 25 presented by the parties, the three-judge panel shall consider 12 26 the certified transcripts of the trial. Any evidence 12 27 presented by either the prosecuting attorney or the defendant 12 28 that the panel of judges deems relevant to the nature of the 12 29 crime, and the character, background, and history of the 12 30 defendant, including any evidence presented in the initial 12 31 proceeding of the trial, and any matters relating to any 12 32 aggravating or mitigating factors may be presented. Any 12 33 evidence which the panel of judges deems to have probative 12 34 value may be received, as long as each party is given an 12 35 opportunity to rebut such evidence, although the introduction 13 1 of any evidence secured in violation of the Constitution of 13 2 the United States or of the Constitution of the State of Iowa 13 3 shall not be authorized. The prosecuting attorney and the 13 4 defendant or the defendant's counsel shall be permitted to 13 5 present arguments for or against a sentence of death. 13 6 5. The burden of proof as to each aggravating factor shall 13 7 be beyond a reasonable doubt. There shall be no burden of 13 8 proof as to proving or disproving mitigating factors. 13 9 6. After hearing all the evidence and arguments of the 13 10 prosecuting attorney and the defendant or the defendant's 13 11 counsel, the panel of judges shall unanimously determine 13 12 whether to impose a sentence of death based upon special 13 13 verdicts on the following issues: 13 14 a. Whether at least one aggravating factor has been proved 13 15 beyond a reasonable doubt. 13 16 b. Whether no mitigating factors exist which outweigh any 13 17 aggravating factor or factors found to exist. 13 18 c. Whether the defendant should be sentenced to death. 13 19 7. The panel of judges shall not impose a death sentence 13 20 unless it returns unanimous affirmative written findings on 13 21 all of the issues in subsection 6. The sentence of the panel 13 22 of judges, whether to death or to life in prison, shall be 13 23 supported by specific written findings of fact based upon any 13 24 aggravating and mitigating factors established and upon the 13 25 records of the trial and the sentencing hearing. If the panel 13 26 of judges cannot unanimously agree on a sentence, it shall 13 27 make a record of each judge's position and shall sentence the 13 28 defendant to life imprisonment. 13 29 8. Iowa Code chapters 901 through 909 do not apply to a 13 30 conviction of capital murder if the defendant is sentenced to 13 31 death. 13 32 Sec. 21. NEW RULE. AUTOMATIC REVIEW – STAY OF JUDGMENT. 13 33 1. A judgment of conviction and sentence of death shall be 13 34 reviewed automatically in the manner provided in Iowa Code 13 35 section 814.28, and the Iowa supreme court has exclusive 14 1 jurisdiction of the review. 14 2 2. Upon entry of judgment and sentence of death, the trial 14 3 court shall prepare a complete record and transcript of the 14 4 action in the manner provided in the rules of criminal 14 5 procedure and shall docket the record and transcript with the 14 6 clerk of the supreme court. 14 7 3. The judgment and sentence of the trial court is stayed 14 8 as a matter of law from the time of its entry until the 14 9 judgment of the supreme court is certified to and entered by 14 10 the trial court. Upon entry of a judgment of the supreme 14 11 court which affirms the conviction and sentence, the stay of 14 12 the judgment and sentence terminates as a matter of law. 14 13 4. All court costs required due to the automatic 14 14 preparation of the record and transcript, docketing with the 14 15 supreme court, and stay of judgment and sentence shall be 14 16 assessed to the state. 14 17 Sec. 22. NEW RULE. ISSUANCE OF WARRANT. 14 18 1. Upon exhaustion of the defendant's appeal and 14 19 postconviction remedies, the court shall enter the affirmation 14 20 of judgment and shall issue a warrant under the seal of the 14 21 court for the execution of the sentence of death. The warrant 14 22 shall specifically set forth the offense and the fact of 14 23 conviction, shall state the judgment and sentence of the 14 24 court, shall state that the judgment and sentence were 14 25 affirmed by the supreme court and the date of entry of the 14 26 final affirmation of judgment in the trial court, and shall 14 27 specify the date fixed for execution of the defendant which 14 28 shall be not less than fifty nor more than sixty days after 14 29 the date of entry in the trial court of the final affirmation 14 30 of judgment and sentence of death. The warrant shall be 14 31 directed to the director of the department of corrections 14 32 commanding the director to cause the warrant to be executed on 14 33 the date specified. The trial court shall deliver the warrant 14 34 to the sheriff of the county in which judgment of conviction 14 35 was entered and the sheriff shall deliver the warrant and the 15 1 defendant to the custody of the department of corrections for 15 2 confinement in the state penitentiary. The director of the 15 3 department of corrections shall acknowledge receipt of the 15 4 warrant and the defendant, and the sheriff shall return the 15 5 acknowledgment to the office of the clerk of the trial court 15 6 from which the warrant was issued. 15 7 2. Immediately after issuance of a warrant ordering a 15 8 sentence of death, the clerk of the trial court issuing the 15 9 warrant shall transmit by mail to the governor a copy of the 15 10 indictment, the plea, the verdict and special findings, the 15 11 affirmation of judgment and sentence by the supreme court, and 15 12 the complete transcript of the trial court. 15 13 3. Notwithstanding subsection 1, if a defendant, for whom 15 14 a warrant of execution is issued, is pregnant, the execution 15 15 shall not take place until after the defendant is no longer 15 16 pregnant. 15 17 Sec. 23. NEW RULE. EVIDENCE AT SENTENCING IN CAPITAL 15 18 MURDER CASES – REQUIRED INFORMATION. 15 19 1. At a reasonable time before the commencement of 15 20 sentencing proceedings in a capital murder case, each party 15 21 shall file and serve upon the other party the following: 15 22 a. A list of all aggravating or any of the mitigating 15 23 circumstances specified in section 901.11 which the party 15 24 intends to prove during the sentencing proceedings. 15 25 b. The names of all persons whom the party intends to call 15 26 as witnesses during the sentencing proceedings. 15 27 c. Notwithstanding rule 13, copies, or for inspection 15 28 purposes, the location, of all documents, including books, 15 29 papers, writings, drawings, graphs, charts, photographs, 15 30 phonorecords, and other data compilations from which 15 31 information can be obtained, or other objects which the party 15 32 intends to offer into evidence during the sentencing 15 33 proceedings. If copies are not supplied to opposing counsel, 15 34 the party shall make the items available for inspection and 15 35 copying without order of the court. 16 1 2. In proceedings to determine whether the sentence shall 16 2 be death or life imprisonment, evidence may be presented as to 16 3 any matter which the three-judge panel deems relevant to the 16 4 sentence, including but not limited to the nature, 16 5 circumstances, and manner of completion of the murder, and the 16 6 defendant's character, background, history, and mental and 16 7 physical condition. However, evidence concerning a 16 8 defendant's juvenile delinquency adjudications shall not be 16 9 admitted. The three-judge panel shall admit any relevant 16 10 evidence respecting any aggravating or mitigating 16 11 circumstances, if the party has included the circumstance on a 16 12 list provided pursuant to this rule, or good cause is shown 16 13 for the failure to do so. Noncompliance with this rule 16 14 without a showing of good cause shall result in the exclusion 16 15 of the evidence sought to be introduced without further 16 16 sanction. 16 17 Sec. 24. EFFECTIVE DATE – APPLICABILITY. 16 18 1. This Act, being deemed of immediate importance, takes 16 19 effect upon enactment, but applies only to offenses committed 16 20 on or after January 1, 1999. 16 21 2. If the imposition of a sentence of death under this Act 16 22 is found to be unconstitutional, the sentence of any person 16 23 who has been sentenced to death under this Act shall 16 24 automatically be commuted to life imprisonment and the 16 25 provisions of sections 902.1 and 902.2 shall apply to the 16 26 conditions of the person's sentence. 16 27 EXPLANATION 16 28 This bill amends the Iowa criminal code to provide for 16 29 punishment by death for murder committed under specified 16 30 circumstances if the trial jury, or the judge if there is no 16 31 jury, makes specific affirmative findings respecting the act 16 32 of murder and whether the jury believes the defendant should 16 33 be put to death in a separate sentencing proceeding held after 16 34 the close of the trial. Under the bill, the offense of 16 35 capital murder involves a murder which would constitute murder 17 1 in the first degree committed by a person who has previously 17 2 committed capital murder or a class "A" felony; or a situation 17 3 in which a person commits another class "A" felony in the 17 4 course of committing a first degree murder. Class "A" 17 5 felonies for this purpose include murder in the first degree, 17 6 sexual abuse in the first degree, and kidnapping in the first 17 7 degree. 17 8 If a person is indigent and is charged with capital murder, 17 9 payment of costs for two attorneys is authorized at the trial 17 10 court level. Both the state public defender and the supreme 17 11 court are required to establish standards for the competency 17 12 of counsel in death penalty cases. The state public defender 17 13 is also charged with establishing teams of qualified lead and 17 14 co-counsel for death penalty cases, as well as conducting 17 15 specialized training programs for attorneys representing 17 16 persons who may be executed. 17 17 If a capital murder case proceeds to trial, in addition to 17 18 any other defenses which may be presented to the charge, the 17 19 defendant may raise the issue of mental retardation during the 17 20 time of filing pretrial motions, and the defendant is entitled 17 21 to a rebuttable presumption of mental retardation if the 17 22 defendant establishes that the defendant has an intelligence 17 23 quotient of 70 or below. 17 24 If the death penalty is not waived, both parties are 17 25 entitled to conduct sequestered, counsel-conducted voir dire. 17 26 In considering whether a sentence of death is justified, the 17 27 race, color, religious beliefs, national origin, sexual 17 28 orientation, or sex of the defendant or of any victim is not 17 29 to be considered. Evidence relating to whether the death 17 30 sentences imposed are excessive, disproportionate, or imposed 17 31 under the influence of prejudice at trial will be collected 17 32 and available to litigants and members of the general public. 17 33 If a verdict of guilty is returned, but the evidence 17 34 admitted at trial did not include fingerprints, a videotape of 17 35 the offense, genetic test results, or an uncontested 18 1 confession, the defendant shall be sentenced to life 18 2 imprisonment. 18 3 The sentence of death is imposed only if the death penalty 18 4 has not been previously waived and the three-judge sentencing 18 5 panel unanimously answers two questions affirmatively: (1) 18 6 whether aggravating circumstances exist that are sufficient to 18 7 outweigh any mitigating circumstances that may exist; and (2) 18 8 whether the defendant should be sentenced to death. The 18 9 sentencing proceeding is conducted separately from the finding 18 10 of guilt or innocence before a three-judge panel consisting of 18 11 the trial judge and two additional district judges who are to 18 12 be appointed by the chief justice of the supreme court. 18 13 For the sentencing proceeding, the three-judge panel is to 18 14 weigh any aggravating circumstances established beyond a 18 15 reasonable doubt by the state against any of the enumerated 18 16 mitigating circumstances which may be presented by the 18 17 defendant. Evidence of juvenile delinquency adjudications is 18 18 not admissible in any proceeding to determine the sentence. 18 19 If the three-judge panel fails to agree unanimously on the 18 20 required affirmative findings or if the supreme court 18 21 determines that error was committed in the sentencing 18 22 proceeding, the penalty would be life imprisonment. 18 23 The death penalty sentence would be reviewed automatically 18 24 by the supreme court. The bill requires the supreme court to 18 25 examine whether the sentence is excessive or disproportionate 18 26 to penalties in similar cases. If affirmed by the supreme 18 27 court, the penalty would be accomplished by lethal injection. 18 28 The bill requires the board of corrections to adopt rules 18 29 pertaining to executions. 18 30 The bill further provides that in order to receive a 18 31 sentence of death, the defendant must be at least 18 years of 18 32 age at the time the offense is committed, must not be mentally 18 33 retarded, and must have directly committed the act which 18 34 constituted murder in the first degree. 18 35 A person who is sentenced to death, but who is pregnant 19 1 when the warrant of execution is issued is not to be executed 19 2 until the person is no longer pregnant. The bill also 19 3 provides that it takes effect upon enactment and applies only 19 4 to offenses committed on or after January 1, 1999. 19 5 LSB 3975XS 77 19 6 lh/sc/14
Text: SF02204 Text: SF02206 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 25 03:40:03 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02200/SF02205/980212.html
jhf