Text: SSB00057 Text: SSB00059 Text: SSB00000 - SSB00099 Text: SSB 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, while 1 21 the person is incarcerated for a conviction for murder in the 1 22 second degree in violation of section 707.3, sexual abuse in 1 23 the second degree in violation of section 709.3, kidnapping in 1 24 the second degree in violation of section 710.3, or robbery in 1 25 the first or second degree in violation of section 711.2 or 1 26 711.3. 1 27 c. A person commits capital murder if the person commits 1 28 murder in the first degree pursuant to section 707.2, and the 1 29 person, in the course of that murder, commits another class 1 30 "A" felony pursuant to section 707.2, 709.2, or 710.2. 1 31 2. Capital murder is a felony punishable either by death 1 32 or by life imprisonment, as determined pursuant to sections 15 1 33 through 18 of this Act. However, if a person is convicted of 1 34 capital murder who was under the age of sixteen years at the 1 35 time the offense was committed, the person shall be sentenced 2 1 to life imprisonment. 2 2 3. If a defendant is sentenced to death pursuant to 2 3 sections 15 through 18 of this Act, the sentence shall be 2 4 executed by the administration of a lethal injection pursuant 2 5 to rules adopted by the board of corrections. For the 2 6 purposes of this section, "lethal injection" means a 2 7 continuous intravenous injection of a lethal quantity of 2 8 sodium thiopental or other equally or more effective substance 2 9 sufficient to cause death. 2 10 Sec. 3. Section 707.2, unnumbered paragraph 1, Code 1997, 2 11 is amended to read as follows: 2 12 A person commits murder in the first degree when the person 2 13 commits murder which is not capital murder and which is 2 14 committed under any of the following circumstances: 2 15 Sec. 4. Section 707.3, unnumbered paragraph 1, Code 1997, 2 16 is amended to read as follows: 2 17 A person commits murder in the second degree when the 2 18 person commits murder which is not capital murder or murder in 2 19 the first degree. 2 20 Sec. 5. Section 707.4, unnumbered paragraph 2, Code 1997, 2 21 is amended to read as follows: 2 22 Voluntary manslaughter is an included offense under an 2 23 indictment for capital murder or murder in the first or second 2 24 degree. 2 25 Sec. 6. Section 707.5, unnumbered paragraph 1, Code 1997, 2 26 is amended to read as follows: 2 27 Involuntary manslaughter as defined in this section is an 2 28 included offense under an indictment for capital murder or 2 29 murder in the first or second degree or voluntary 2 30 manslaughter. 2 31 Sec. 7. Section 802.1, Code 1997, is amended to read as 2 32 follows: 2 33 802.1 MURDER. 2 34 A prosecution for capital murder or murder in the first or 2 35 second degree may be commenced at any time after the death of 3 1 the victim. 3 2 Sec. 8. Section 811.1, subsections 1 and 2, Code 1997, are 3 3 amended to read as follows: 3 4 1. A defendant awaiting judgment of conviction and 3 5 sentencing following either a plea or verdict of guilty of a 3 6 class "A" felony, capital murder, murder, felonious assault, 3 7 felonious child endangerment, sexual abuse in the second 3 8 degree, sexual abuse in the third degree, kidnapping, robbery 3 9 in the first degree, arson in the first degree, or burglary in 3 10 the first degree, or any felony included in section 124.401, 3 11 subsection 1, paragraph "a". 3 12 2. A defendant appealing a conviction of a class "A" 3 13 felony, capital murder, murder, felonious assault, felonious 3 14 child endangerment, sexual abuse in the second degree, sexual 3 15 abuse in the third degree, kidnapping, robbery in the first 3 16 degree, arson in the first degree, or burglary in the first 3 17 degree, or any felony included in section 124.401, subsection 3 18 1, paragraph "a". 3 19 Sec. 9. Section 811.1, Code 1997, is amended by adding the 3 20 following new subsection: 3 21 NEW SUBSECTION. 4. A defendant charged with capital 3 22 murder, if upon hearing held under the conditions required by 3 23 section 812.2, the prosecuting attorney establishes by clear 3 24 and convincing evidence that the release of the defendant from 3 25 custody is likely to pose a danger of physical harm to another 3 26 person. The court shall consider all lawfully obtained 3 27 evidence relevant to the required determination, whether or 3 28 not the evidence would be admissible at trial, but testimony 3 29 of the person charged is not admissible at a subsequent trial 3 30 on the issue of guilt of the offense charged or of any other 3 31 offense. 3 32 Sec. 10. NEW SECTION. 814.28 REVIEW OF DEATH SENTENCE. 3 33 1. In a case in which a sentence of death is imposed, the 3 34 supreme court shall automatically review the judgment and 3 35 sentence. The case shall not be transferred to the court of 4 1 appeals. 4 2 2. A review by the supreme court of a judgment and 4 3 sentence imposing the punishment of death has priority over 4 4 all other criminal and other actions pending before the 4 5 supreme court. 4 6 3. The supreme court shall review the trial and judgment, 4 7 and separately shall review the sentencing proceeding. Upon 4 8 determining that errors did not occur at the trial requiring 4 9 reversal or modification of the judgment, the supreme court 4 10 shall proceed to determine if the sentence of death is 4 11 lawfully imposed. In its review of the sentencing proceeding 4 12 the supreme court shall determine all of the following: 4 13 a. Whether the sentence of death was imposed capriciously 4 14 or under the influence of prejudice or other arbitrary factor. 4 15 b. Whether the special verdicts returned under section 15, 4 16 subsection 2, of this Act, are supported by the evidence. 4 17 c. Whether the sentence of death is excessive or 4 18 disproportionate to the penalty imposed in similar cases, 4 19 considering both the crime and the defendant. 4 20 4. If the supreme court determines that the sentence of 4 21 death was not lawfully imposed, the court shall set aside the 4 22 sentence and shall remand the case to the trial court for 4 23 imposition of a sentence of life imprisonment. 4 24 5. If the supreme court affirms the judgment and sentence 4 25 of death, the clerk of the supreme court shall certify the 4 26 judgment of the supreme court under the seal of the court to 4 27 the clerk of the trial court. 4 28 Sec. 11. NEW SECTION. 901.11 CAPITAL MURDER PROCEEDINGS. 4 29 1. If a charge of capital murder is submitted to the jury 4 30 or court, but the prosecuting attorney waives the death 4 31 penalty, upon a verdict of guilty, the court shall sentence 4 32 the defendant to life imprisonment. If the prosecuting 4 33 attorney waives the death penalty, the court shall follow the 4 34 sentencing procedures set forth in rule of criminal procedure 4 35 22, Iowa court rules, third edition, and need not follow the 5 1 special sentencing procedures provided for capital murder 5 2 cases. 5 3 2. If capital murder is charged, but the charge is not 5 4 submitted to the court or jury, or the court or jury finds the 5 5 defendant guilty of another offense, upon conviction of the 5 6 other charge, the court shall follow the sentencing procedures 5 7 set forth in rule of criminal procedure 22, Iowa court rules, 5 8 third edition, concerning sentencing for the offense, rather 5 9 than the sentencing procedures provided for capital murder 5 10 cases. 5 11 3. Capital murder proceedings shall be conducted in 5 12 bifurcated proceedings before the same trier of fact. During 5 13 the initial proceeding, the jury, or the court, if the 5 14 defendant waives the right to a jury trial, shall decide only 5 15 whether the defendant is guilty or not guilty of any submitted 5 16 offense. The issue of punishment shall not be submitted 5 17 during the initial proceeding. 5 18 Upon a verdict of guilty to a capital murder charge, a 5 19 separate sentencing proceeding shall be conducted as provided 5 20 in sections 15 through 18 of this Act. If a defendant enters 5 21 a plea of guilty to a capital murder charge, the court shall 5 22 conduct a separate sentencing proceeding as provided in 5 23 sections 15 through 18 of this Act. 5 24 Sec. 12. NEW SECTION. 902.13 CAPITAL MURDER. 5 25 If a person is to be sentenced to life imprisonment under 5 26 section 15, subsection 5, of this Act, nothing in chapters 901 5 27 through 909, pertaining to deferred judgment, deferred 5 28 sentence, suspended sentence, or reconsideration of sentence, 5 29 applies, and the person shall not be released on parole unless 5 30 the governor commutes the person's sentence to a term of years 5 31 and shall not otherwise be released from confinement unless 5 32 the governor pardons the person. 5 33 Sec. 13. Section 904.105, Code 1997, is amended by adding 5 34 the following new subsection: 5 35 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 6 1 pertaining to executions of persons convicted of capital 6 2 murder. 6 3 Sec. 14. Rules of criminal procedure, Iowa court rules, 6 4 third edition, are amended by adding sections 15 through 18 of 6 5 this Act. 6 6 Sec. 15. NEW RULE. CAPITAL MURDER – PROCEDURE. 6 7 1. Upon a finding or plea that a defendant is guilty of 6 8 capital murder, the court shall conduct a separate sentencing 6 9 proceeding to determine whether the defendant shall be 6 10 sentenced to death or to life imprisonment. The proceeding 6 11 shall be conducted in the trial court before the trial jury, 6 12 or the court if there is no jury, as soon as practicable. In 6 13 the proceeding, additional evidence may be presented as to any 6 14 matter which is relevant to the sentence. The court shall 6 15 receive when offered any evidence that is required by the 6 16 rules of criminal procedure. This subsection does not 6 17 authorize the introduction of any evidence secured in 6 18 violation of the Constitution of the United States or of the 6 19 Constitution of the State of Iowa. The state and the 6 20 defendant or the defendant's counsel shall be permitted to 6 21 cross-examine witnesses and to present arguments for or 6 22 against a sentence of death. 6 23 2. On conclusion of the presentation of the evidence, the 6 24 court shall submit each of the following issues to the jury: 6 25 a. Whether the conduct of the defendant that caused the 6 26 death of the deceased was committed willfully, deliberately, 6 27 and with the reasonable expectation that the death of the 6 28 deceased or another would result. 6 29 b. Whether a probability exists that in the future the 6 30 defendant would commit criminal acts of violence that would 6 31 constitute a continuing threat to society. 6 32 c. Whether aggravating circumstances exist that are 6 33 sufficient to outweigh any mitigating circumstances that may 6 34 exist. 6 35 If the case is not tried to a jury, the court shall 7 1 determine the issues. 7 2 3. The state must prove each issue in subsection 2 beyond 7 3 a reasonable doubt, and the jury, or the court if there is no 7 4 jury, shall return a special verdict of "yes" or "no" on each 7 5 issue. 7 6 4. If the case is tried to a jury, the court shall charge 7 7 the jury that: 7 8 a. It shall answer any issue "yes" if it agrees 7 9 unanimously. 7 10 b. It shall answer any issue "no" if the jurors 7 11 unanimously agree that the answer is "no" or if the jurors do 7 12 not unanimously agree that the answer is "yes". 7 13 5. If the jury, or the court if there is no jury, returns 7 14 an affirmative finding on all applicable issues, the court 7 15 shall sentence the defendant to death. If the jury or the 7 16 court returns a negative finding on any applicable issue, the 7 17 court shall sentence the defendant to the custody of the 7 18 director of the department of corrections for confinement for 7 19 the rest of the defendant's life. 7 20 6. Iowa Code chapters 901 through 909 do not apply to a 7 21 conviction of capital murder if the defendant is sentenced to 7 22 death. 7 23 Sec. 16. NEW RULE. AUTOMATIC REVIEW – STAY OF JUDGMENT. 7 24 1. A judgment of conviction and sentence of death shall be 7 25 reviewed automatically in the manner provided in Iowa Code 7 26 section 814.28, and the Iowa supreme court has exclusive 7 27 jurisdiction of the review. 7 28 2. Upon entry of judgment and sentence of death, the trial 7 29 court shall prepare a complete record and transcript of the 7 30 action in the manner provided in the rules of criminal 7 31 procedure and shall docket the record and transcript with the 7 32 clerk of the supreme court. 7 33 3. The judgment and sentence of the trial court is stayed 7 34 as a matter of law from the time of its entry until the 7 35 judgment of the supreme court is certified to and entered by 8 1 the trial court. Upon entry of a judgment of the supreme 8 2 court which affirms the conviction and sentence, the stay of 8 3 the judgment and sentence terminates as a matter of law. 8 4 4. All court costs required due to the automatic 8 5 preparation of the record and transcript, docketing with the 8 6 supreme court, and stay of judgment and sentence shall be 8 7 assessed to the state. 8 8 Sec. 17. NEW RULE. ISSUANCE OF WARRANT. 8 9 1. Upon entry by the trial court of the judgment of the 8 10 supreme court affirming a judgment and sentence of death, a 8 11 district judge shall within five days of the entry issue a 8 12 warrant under the seal of the court for the execution of the 8 13 sentence of death. The warrant shall specifically set forth 8 14 the offense and the fact of conviction, shall state the 8 15 judgment and sentence of the court, shall state that the 8 16 judgment and sentence were affirmed by the supreme court and 8 17 the date of entry of judgment of the supreme court in the 8 18 trial court, and shall specify the date fixed for execution of 8 19 the defendant which shall be not less than fifty nor more than 8 20 sixty days after the date of entry in the trial court of the 8 21 judgment of the supreme court affirming the judgment and 8 22 sentence of death. The warrant shall be directed to the 8 23 director of the department of corrections commanding the 8 24 director to cause the warrant to be executed on the date 8 25 specified. The trial court shall deliver the warrant to the 8 26 sheriff of the county in which judgment of conviction was 8 27 entered and the sheriff shall deliver the warrant and the 8 28 defendant to the custody of the department of corrections for 8 29 confinement in the state penitentiary. The director of the 8 30 department of corrections shall acknowledge receipt of the 8 31 warrant and the defendant, and the sheriff shall return the 8 32 acknowledgment to the office of the clerk of the trial court 8 33 from which the warrant was issued. 8 34 2. Immediately after issuance of a warrant ordering a 8 35 sentence of death, the clerk of the trial court issuing the 9 1 warrant shall transmit by mail to the governor a copy of the 9 2 indictment, the plea, the verdict and special findings, the 9 3 affirmation of judgment and sentence by the supreme court, and 9 4 the complete transcript of the trial court. 9 5 Sec. 18. NEW RULE. EVIDENCE AT SENTENCING IN CAPITAL 9 6 MURDER CASES – REQUIRED INFORMATION. 9 7 1. At a reasonable time before the commencement of 9 8 sentencing proceedings in a capital murder case, each party 9 9 shall file and serve upon the other party the following: 9 10 a. A list of all aggravating or mitigating circumstances 9 11 which the party intends to prove during the sentencing 9 12 proceedings. 9 13 b. The names of all persons whom the party intends to call 9 14 as witnesses during the sentencing proceedings. 9 15 c. Notwithstanding rule 13, copies, or for inspection 9 16 purposes, the location, of all documents, including books, 9 17 papers, writings, drawings, graphs, charts, photographs, 9 18 phonorecords, and other data compilations from which 9 19 information can be obtained, or other objects which the party 9 20 intends to offer into evidence during the sentencing 9 21 proceedings. If copies are not supplied to opposing counsel, 9 22 the party shall make the items available for inspection and 9 23 copying without order of the court. 9 24 2. In proceedings to determine whether the sentence shall 9 25 be death or life imprisonment, evidence may be presented as to 9 26 any matter which the trial court deems relevant to the 9 27 sentence, including but not limited to the nature, 9 28 circumstances, and manner of completion of the murder, and the 9 29 defendant's character, background, history, and mental and 9 30 physical condition. The trial court shall admit any relevant 9 31 evidence respecting any aggravating or mitigating 9 32 circumstances, if the party has included the circumstance on a 9 33 list provided pursuant to this rule, or good cause is shown 9 34 for the failure to do so. 9 35 Sec. 19. APPLICABILITY. This Act applies to offenses 10 1 committed on or after the effective date of this Act. 10 2 EXPLANATION 10 3 This bill amends the Iowa criminal code to provide for 10 4 punishment by death for murder committed under specified 10 5 circumstances if the trial jury, or the judge if there is no 10 6 jury, makes specific affirmative findings respecting the 10 7 nature of the act of murder and the characteristics of the 10 8 defendant in a separate sentencing proceeding held after the 10 9 close of the trial. Under the bill, the offense of capital 10 10 murder involves a murder which would constitute murder in the 10 11 first degree committed by a person who has previously 10 12 committed capital murder or a class "A" felony; a person who 10 13 has been previously convicted of and is incarcerated for 10 14 murder in the second degree, sexual abuse in the second 10 15 degree, kidnapping in the second degree, or robbery in the 10 16 first or second degree; or a person who commits another class 10 17 "A" felony in the course of a first degree murder. Class "A" 10 18 felonies for this purpose include murder in the first degree, 10 19 sexual abuse in the first degree, and kidnapping in the first 10 20 degree. With respect to previously committed crimes, murder 10 21 in the second degree, sexual abuse in the second degree, 10 22 kidnapping in the second degree, and robbery in the first 10 23 degree are class "B" felonies. Robbery in the second degree 10 24 is a class "C" felony. Murder in the second degree, sexual 10 25 abuse in the second degree, kidnapping in the second degree, 10 26 and robbery in the first and second degrees are all forcible 10 27 felonies for which a convicted person must serve 100 percent 10 28 of the sentence, subject to a possible reduction of up to 15 10 29 percent of the sentence for good behavior. 10 30 The sentence of death is imposed only if the trier of fact 10 31 unanimously answers three questions affirmatively: (1) 10 32 whether the conduct of the defendant that caused the death of 10 33 the deceased was committed willfully, deliberately, and with 10 34 reasonable expectation that the death of the deceased or 10 35 another would result; (2) whether a probability exists that in 11 1 the future the defendant would commit criminal acts of 11 2 violence that would constitute a continuing threat to society; 11 3 and (3) whether aggravating circumstances exist that are 11 4 sufficient to outweigh any mitigating circumstances that may 11 5 exist. The sentencing proceeding is conducted separately from 11 6 the finding of guilt or innocence by the same trier of fact. 11 7 If the jury fails to agree unanimously on the required 11 8 affirmative findings or if the supreme court determines that 11 9 error was committed in the sentencing proceeding, the penalty 11 10 would be life imprisonment. 11 11 The death penalty sentence would be reviewed automatically 11 12 by the supreme court. The bill requires the supreme court to 11 13 examine whether the sentence is excessive or disproportionate 11 14 to penalties in similar cases. If affirmed by the supreme 11 15 court, the penalty would be accomplished by lethal injection. 11 16 The bill requires the board of corrections to adopt rules 11 17 pertaining to executions. 11 18 The bill further provides that in order to receive a 11 19 sentence of death, the defendant must be at least 16 years of 11 20 age at the time the offense is committed. The bill also 11 21 provides that it applies only to offenses committed on or 11 22 after the bill's effective date. 11 23 LSB 1376XL 77 11 24 lh/sc/14.1
Text: SSB00057 Text: SSB00059 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Jan 30 03:40:42 CST 1997
URL: /DOCS/GA/77GA/Legislation/SSB/00000/SSB00058/970129.html
jhf