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PAG LIN 1 1 Section 1. Section 13B.4, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6A. The state public defender shall 1 4 perform all of the following duties with respect to the 1 5 appointment of counsel for indigent persons in cases in which 1 6 a sentence of death may be or is to be imposed: 1 7 a. Provide or contract with attorneys for appointment as 1 8 lead counsel and co-counsel to provide legal services in cases 1 9 where a person is charged with murder in the first degree and 1 10 the state has given notice of intent to seek the death penalty 1 11 or in cases in which a sentence of death is to be imposed. 1 12 b. Conduct or sponsor specialized training programs for 1 13 attorneys representing persons who may be executed. 1 14 Sec. 2. Section 216A.133, Code 1999, is amended by adding 1 15 the following new subsection: 1 16 NEW SUBSECTION. 8. Review the effects of the 1 17 reinstatement of the death penalty on arrest, prosecution, 1 18 conviction, and incarceration rates; law enforcement duties 1 19 and ability to obtain evidence necessary for arrests; court 1 20 dockets and workload; prison space; recidivism rates of 1 21 persons charged with crimes of violence against persons; and 1 22 other aspects of the criminal justice system. Based on the 1 23 review and other factors deemed relevant, the council shall 1 24 make findings and develop recommendations resulting from those 1 25 findings. Commencing January 1, 2001, the council shall 1 26 report its findings and any related recommendations annually 1 27 to the governor and to the general assembly. 1 28 Sec. 3. NEW SECTION. 602.10111A QUALIFICATIONS OF 1 29 COUNSEL IN DEATH PENALTY CASES. 1 30 The supreme court shall prescribe rules which establish 1 31 minimum standards and procedures by which attorneys may become 1 32 qualified to provide legal services as lead counsel in cases 1 33 in which a sentence of death may be or is to be imposed. 1 34 Sec. 4. NEW SECTION. 812A.1 PROCEDURE TO DETERMINE 1 35 SANITY OF CONDEMNED INMATE. 2 1 1. At any time prior to execution of an inmate under 2 2 section 902.1, if the director of the department of 2 3 corrections or the counsel for a person who is under a 2 4 sentence of execution has cause to believe that the inmate is 2 5 suffering from such a diseased or deranged condition of the 2 6 mind as to prevent the defendant from knowing the nature and 2 7 quality of the act the defendant has been convicted of, or 2 8 from understanding that trial on the offense has taken place 2 9 and that execution proceedings are about to take place, or to 2 10 otherwise cause the defendant to lack the capacity to 2 11 understand the sentence which has been imposed and to 2 12 participate in any legal proceedings relating to the sentence, 2 13 the director or counsel may file a request with the court that 2 14 issued the warrant for execution for a determination of the 2 15 inmate's sanity. If the district court determines that there 2 16 is not sufficient reason to believe that the inmate is insane, 2 17 the court shall enter an order denying the request and shall 2 18 state the grounds for denying the request. If the court 2 19 believes that there is sufficient reason to believe that the 2 20 inmate is insane, the court shall suspend the execution and 2 21 conduct a hearing to determine the sanity of the inmate. 2 22 2. At the hearing, the court shall determine the issue of 2 23 the inmate's sanity. Prior to the hearing, the court shall 2 24 appoint two licensed physicians or licensed psychologists, or 2 25 one licensed physician and one licensed psychologist, who are 2 26 qualified by training and practice, for purposes of conducting 2 27 a psychiatric or psychological examination of the inmate. The 2 28 physicians or psychologists shall examine the inmate and 2 29 report any findings in writing to the court within ten days 2 30 after the order of examination is issued. The inmate shall 2 31 have the right to present evidence and cross-examine any 2 32 witnesses at the hearing. Any statement made by the inmate 2 33 during the course of any examination provided for in this 2 34 section, whether or not the inmate consents to the 2 35 examination, shall not be admitted into evidence against the 3 1 inmate in any criminal proceeding for purposes other than a 3 2 determination of the inmate's sanity. 3 3 3. If, at the conclusion of a hearing held pursuant to 3 4 this section, the court determines that the inmate is sane, 3 5 the court shall enter an order setting a date for the inmate's 3 6 execution, which shall be carried into effect in the same 3 7 manner as provided in the original sentence. A copy of the 3 8 order shall be sent to the director of the department of 3 9 corrections and the governor. 3 10 4. If, at the conclusion of a hearing held pursuant to 3 11 this section, the court determines that the inmate is insane, 3 12 the court shall suspend the execution until further order. At 3 13 any time after issuance of the order, if the court has 3 14 sufficient reason to believe that the inmate has become sane, 3 15 the court shall again determine the sanity of the inmate as 3 16 provided by this section. Proceedings pursuant to this 3 17 section may continue to be held at such times as the court 3 18 orders until it is either determined that the inmate is sane 3 19 or incurably insane. 3 20 Sec. 5. NEW SECTION. 814.28 REVIEW OF DEATH SENTENCE. 3 21 1. In a case in which a sentence of death is imposed, the 3 22 supreme court shall automatically review the judgment and 3 23 sentence. The court's review of the case shall be de novo. 3 24 The case shall not be transferred to the court of appeals. 3 25 2. A review by the supreme court of a judgment and 3 26 sentence imposing the punishment of death has priority over 3 27 all other criminal and other actions pending before the 3 28 supreme court. 3 29 3. The supreme court shall review the trial and judgment, 3 30 and shall separately review the sentencing proceeding. Upon 3 31 determining that errors did not occur at the trial requiring 3 32 reversal or modification of the judgment, the supreme court 3 33 shall proceed to determine if the sentence of death is 3 34 lawfully imposed. In its review of the sentencing proceeding 3 35 the supreme court shall determine all of the following: 4 1 a. Whether the sentence of death was imposed capriciously 4 2 or under the influence of prejudice or other arbitrary factor. 4 3 b. Whether the special verdicts returned under section 4 4 901.11 are supported by the evidence. 4 5 c. Whether the sentence of death is excessive or 4 6 disproportionate to the penalty imposed in similar cases, 4 7 considering both the crime and the defendant. 4 8 4. If the supreme court determines that the sentence of 4 9 death was not lawfully imposed, the court shall set aside the 4 10 sentence and shall remand the case to the trial court for 4 11 imposition of a sentence of life imprisonment. 4 12 5. If the supreme court affirms the judgment and sentence 4 13 of death, the clerk of the supreme court shall certify the 4 14 judgment of the supreme court under the seal of the court to 4 15 the clerk of the trial court. 4 16 Sec. 6. Section 815.10, Code 1999, is amended by adding 4 17 the following new subsection: 4 18 NEW SUBSECTION. 1A. If two attorneys have not already 4 19 been appointed pursuant to section 13B.4 or 13B.9, the court 4 20 shall appoint, for each indigent person who is charged with 4 21 murder in the first degree and in which a notice of intent to 4 22 seek the death penalty has been filed, two attorneys who are 4 23 qualified under section 602.10111A to represent the person in 4 24 the murder proceedings and in all state legal proceedings 4 25 which take place from the time the person is indicted or 4 26 arraigned until the person is sentenced on the charge. In 4 27 addition, if at any point in federal post-conviction 4 28 proceedings an indigent person is not afforded court-appointed 4 29 counsel, the state shall provide counsel to the person to 4 30 present any claims determined meritorious by the federal court 4 31 if the person is not otherwise represented by legal counsel. 4 32 Only private attorneys and public defenders who are qualified 4 33 to provide representation in cases in which the death penalty 4 34 may be imposed are eligible for appointment or assignment to a 4 35 case in which the death penalty may be imposed. 5 1 Sec. 7. NEW SECTION. 901.11 MURDER PROCEEDINGS – 5 2 REQUEST FOR DEATH PENALTY – PENALTY PROCEEDINGS. 5 3 1. If a notice of intent to seek the death penalty has 5 4 been filed, objections to the imposition of the death penalty 5 5 based upon allegations that a defendant was mentally retarded 5 6 or mentally ill at the time of the commission of the offense 5 7 shall be raised within the time provided for the filing of 5 8 pretrial motions under rule of criminal procedure 10, Iowa 5 9 court rules, third edition. The court may, for good cause 5 10 shown, allow late filing of the motion. Hearing on the motion 5 11 shall be held prior to trial and the burden of proof shall be 5 12 on the defendant to prove mental retardation or mental illness 5 13 by a preponderance of the evidence. However, a rebuttable 5 14 presumption of mental retardation arises if a defendant has an 5 15 intelligence quotient of seventy or below. If the court finds 5 16 that the defendant is mentally retarded, the defendant, if 5 17 convicted of murder in the first degree, shall not be 5 18 sentenced to death but shall be sentenced to life imprisonment 5 19 in the manner provided in section 902.1, subsection 1. A 5 20 finding by the court that the evidence presented by the 5 21 defendant at the hearing does not preclude the imposition of 5 22 the death penalty under this section and section 902.13 shall 5 23 not preclude the introduction of evidence of mental 5 24 retardation or mental illness during the penalty proceeding. 5 25 If the court finds that evidence of mental retardation or 5 26 mental illness does not preclude imposition of the death 5 27 penalty, evidence of mental retardation or mental illness may 5 28 be reviewed by the jury in the penalty proceeding and the jury 5 29 shall not be informed of the finding in the initial proceeding 5 30 at any time during the penalty proceeding. 5 31 2. If at the trial on a charge of murder in the first 5 32 degree, the state intends to request that the death penalty be 5 33 imposed under section 902.1, subsection 2, the prosecutor 5 34 shall file a notice of intent to seek the death penalty, 5 35 listing the factors enumerated under section 902.13 that the 6 1 state intends to establish in support of imposition of the 6 2 death penalty, at the time of and as part of the information 6 3 or indictment filed in the case. 6 4 3. If a notice of intent to seek the death penalty has 6 5 been filed, the trial shall be conducted in bifurcated 6 6 proceedings before the same trier of fact. During the initial 6 7 proceeding, the jury, or the court, if the defendant waives 6 8 the right to a jury trial, shall decide only whether the 6 9 defendant is guilty or not guilty of murder in the first 6 10 degree. 6 11 a. If, in the initial proceeding, the court or jury finds 6 12 the defendant guilty of, or the defendant pleads guilty to, an 6 13 offense other than murder in the first degree, the court shall 6 14 sentence the defendant in accordance with the sentencing 6 15 procedures set forth in rule of criminal procedure 22, Iowa 6 16 court rules, third edition, and chapters 901 through 909, 6 17 which are applicable to the offense. 6 18 b. If the court or jury finds the defendant guilty of, or 6 19 the defendant pleads guilty to, murder in the first degree, 6 20 but the prosecuting attorney waives the death penalty, the 6 21 court shall sentence the defendant to life imprisonment in 6 22 accordance with the sentencing procedures set forth in rule of 6 23 criminal procedure 22, Iowa court rules, third edition, and 6 24 chapters 901 through 909, which are applicable to convictions 6 25 of murder in the first degree. 6 26 c. If the court or jury finds the defendant guilty of 6 27 murder in the first degree, or a defendant enters a plea of 6 28 guilty in the initial proceeding, and the prosecuting attorney 6 29 does not waive imposition of the death penalty, a penalty 6 30 proceeding shall be held in the manner provided in subsections 6 31 4 through 12. 6 32 4. No sooner than twenty-four hours after a verdict of 6 33 guilty or a plea of guilty to the charge of murder in the 6 34 first degree is returned in the initial proceeding, a penalty 6 35 proceeding shall be held to determine whether the defendant 7 1 shall be sentenced to death or to life imprisonment. The 7 2 proceeding shall be conducted in the trial court before the 7 3 trial jury, or the court if the defendant has waived the right 7 4 to a jury trial. Both the state and the defendant shall have 7 5 the right to present opening statements at the commencement of 7 6 the penalty proceedings. In the proceeding, evidence relevant 7 7 to the existence of any aggravating or mitigating 7 8 circumstances may be presented as follows: 7 9 a. The state or the defendant may present evidence 7 10 relevant to any of the factors enumerated in section 902.13 7 11 and any aggravating circumstances other than juvenile 7 12 delinquency adjudications for offenses which carry penalties 7 13 equivalent to the penalties imposed for simple or serious 7 14 misdemeanors. The state may introduce evidence of the actual 7 15 harm caused by the commission of the murder including, but not 7 16 limited to, evidence relating to the life of the victim and 7 17 the impact of the loss of the victim to the victim's family 7 18 and society. The state shall be required to prove the 7 19 existence of one or more of the factors enumerated in section 7 20 902.13 beyond a reasonable doubt. 7 21 b. The defendant may present evidence that the defendant 7 22 was mentally retarded at the time of the commission of the 7 23 offense. The burden of proof shall be on the defendant to 7 24 prove mental retardation by a preponderance of the evidence. 7 25 However, a rebuttable presumption of mental retardation arises 7 26 if a defendant has an intelligence quotient of seventy or 7 27 below. 7 28 c. The state or the defendant may present evidence 7 29 relevant to any mitigating circumstances which may exist. 7 30 Mitigating circumstances may include the following 7 31 circumstances: 7 32 (1) The defendant was under the influence of an extreme 7 33 mental or emotional disturbance insufficient to constitute a 7 34 defense. 7 35 (2) The victim solicited, participated in, or consented to 8 1 the conduct which resulted in the victim's death. 8 2 (3) The age of the defendant at the time of the murder. 8 3 (4) The defendant's capacity to appreciate the 8 4 wrongfulness of the defendant's conduct and to conform that 8 5 conduct to the requirements of law was significantly impaired 8 6 as a result of a mental disease or defect or mental 8 7 retardation, but not to a degree sufficient to constitute a 8 8 defense. 8 9 (5) The defendant has no significant history of prior 8 10 adult criminal activity. 8 11 (6) The defendant acted under extreme duress or under the 8 12 substantial domination of another person. 8 13 (7) The defendant did not directly commit the murder and 8 14 the defendant did not intend to kill or anticipate that lethal 8 15 force would be used. 8 16 (8) Any other factor which is relevant to the defendant's 8 17 character or record or to the circumstances of the offense. 8 18 (9) The defendant rendered substantial assistance to the 8 19 state in the prosecution of another person for the crime of 8 20 murder. 8 21 (10) The evidence which establishes that the defendant 8 22 committed murder in the first degree does not include direct 8 23 evidence from at least two different sources. 8 24 d. The state and the defendant or the defendant's counsel 8 25 shall be permitted to present and cross-examine witnesses and 8 26 present arguments for or against a sentence of death. The 8 27 admission of evidence in support of the existence of a factor 8 28 enumerated in section 902.13 shall be governed by the rules 8 29 governing admissibility of evidence at a criminal trial. 8 30 Evidence regarding aggravating and mitigating circumstances 8 31 shall not be governed by the rules governing admissibility of 8 32 evidence, except that introduction of evidence secured in 8 33 violation of the Constitution of the United States or of the 8 34 Constitution of the State of Iowa shall not be permitted. 8 35 5. At the conclusion of presentation of evidence in the 9 1 penalty proceeding, the state and the defendant or the 9 2 defendant's counsel shall be permitted to make closing 9 3 arguments, including any rebuttal arguments, in the same 9 4 manner as in the initial proceeding and the following issues 9 5 shall be determined by the jury or the court, if there is no 9 6 jury: 9 7 a. Whether one or more of the factors enumerated in 9 8 section 902.13 have been established beyond a reasonable 9 9 doubt. 9 10 b. If one or more aggravating circumstances are 9 11 established, whether the aggravating circumstance or 9 12 circumstances outweigh any one or more mitigating 9 13 circumstances. 9 14 c. Whether the defendant shall be sentenced to death. 9 15 6. A recommendation for a sentence of death shall not be 9 16 permitted if the recommendation is based on the race, color, 9 17 religious beliefs, national origin, or sex of the defendant or 9 18 any victim. After submission of the issues, but prior to the 9 19 return of a finding in the penalty proceeding, if the matter 9 20 is tried before a jury, the court shall instruct the jury that 9 21 in considering whether a sentence of death is justified, it 9 22 shall not consider race, color, religious beliefs, national 9 23 origin, or sex of the defendant or of any victim. The court 9 24 shall further instruct the jury that it shall not return a 9 25 sentence of death unless it concludes that such a sentence 9 26 would be recommended no matter what the race, color, religious 9 27 beliefs, national origin, or sex of the defendant or any 9 28 victim may be. 9 29 7. After submission of the issues, but prior to the 9 30 commencement of the jury deliberations in the penalty 9 31 proceeding, the court shall instruct the jury that if the 9 32 defendant is not sentenced to death, the court is required by 9 33 law to impose a sentence of imprisonment until death without 9 34 parole. The court shall further instruct the jury that the 9 35 sentence of imprisonment until death without parole is 10 1 required by law if the jury fails to reach a unanimous verdict 10 2 recommending a sentence of death. 10 3 8. Concurrently with the return of the findings on the 10 4 issues submitted under subsection 5, the jury, or the court if 10 5 there is no jury, shall return special verdicts as follows: 10 6 a. Which factors, as enumerated in section 902.13, have 10 7 been unanimously found to have been established beyond a 10 8 reasonable doubt. 10 9 b. Which aggravating circumstances were established and 10 10 were considered in reaching the verdict returned on the issue 10 11 specified in subsection 5, paragraph "b". 10 12 c. Which mitigating circumstances were established and 10 13 were considered in reaching the verdict returned on the issue 10 14 specified in subsection 5, paragraph "b". 10 15 9. If the jury, or the court if there is no jury, returns 10 16 a unanimous affirmative finding on each of the issues 10 17 submitted under subsection 5, paragraphs "a", "b", and "c", 10 18 the court shall enter a judgment of conviction and shall 10 19 sentence the defendant to death as provided in section 902.1, 10 20 subsection 2. 10 21 10. However, if evidence that the defendant was not a 10 22 major participant in the commission of the murder and that the 10 23 defendant's conduct did not manifest a reckless indifference 10 24 to human life is presented to the jury, or the court, if there 10 25 is no jury, the jury or the court shall also return a special 10 26 verdict on the issue. If the jury unanimously determines, or 10 27 the court, if there is no jury, finds that a preponderance of 10 28 evidence exists that shows that the defendant was not a major 10 29 participant in the commission of the murder and that the 10 30 defendant's conduct did not manifest a reckless indifference 10 31 to human life, the court shall enter a judgment of conviction 10 32 and shall sentence the defendant to life imprisonment as 10 33 provided in section 902.1, subsection 1, even if the jury or 10 34 the court returns unanimous affirmative findings on each of 10 35 the issues submitted under subsection 5. 11 1 11. If the jury, or the court, if there is no jury, 11 2 returns a negative finding on any of the issues submitted 11 3 under subsection 5, paragraphs "a", "b", and "c", the court 11 4 shall enter a judgment of conviction and shall sentence the 11 5 defendant to life imprisonment as provided in section 902.1, 11 6 subsection 1. 11 7 12. After a verdict has been rendered it shall be recorded 11 8 on the jury verdict form and shall be read and recorded in 11 9 open court. The jurors shall be collectively asked by the 11 10 court whether the verdict returned is their true and correct 11 11 verdict. Even though no juror makes any declaration to the 11 12 contrary, the jury shall, if either party so requests, be 11 13 polled and each juror shall be separately asked whether the 11 14 verdict rendered by the jury foreperson is the juror's true 11 15 and correct verdict. If, upon either the collective or the 11 16 separate inquiry, any juror denies that the verdict is the 11 17 juror's verdict, the court shall refuse to accept the verdict. 11 18 The court may direct inquiry or permit inquiry by counsel to 11 19 ascertain whether any juror has been subjected to coercion or 11 20 has become confused during the jury deliberation process. The 11 21 court may, as appropriate, direct the jury to resume 11 22 deliberation in the case. If no disagreement on the verdict 11 23 is expressed by any of the jurors, the court shall discharge 11 24 the jury. 11 25 13. This section shall not apply to a defendant who was 11 26 under the age of eighteen at the time the offense was 11 27 committed. 11 28 Sec. 8. Section 902.1, Code 1999, is amended to read as 11 29 follows: 11 30 902.1 CLASS "A" FELONY. 11 31 1.UponExcept as otherwise provided in subsection 2, upon 11 32 a plea of guilty, a verdict of guilty, or a special verdict 11 33 upon which a judgment of conviction of a class "A" felony may 11 34 be rendered, the court shall enter a judgment of conviction 11 35 and shall commit the defendant into the custody of the 12 1 director of the Iowa department of corrections for the rest of 12 2 the defendant's life. Nothing in the Iowa corrections code 12 3 pertaining to deferred judgment, deferred sentence, suspended 12 4 sentence, or reconsideration of sentence applies to a sentence 12 5 of life imprisonment for a class "A" felony, and a person 12 6 convicted of a class "A" felony and sentenced to life 12 7 imprisonment shall not be released on parole unless the 12 8 governor commutes the sentence to a term of years. 12 9 2. Upon return of a plea or verdict of guilty to the 12 10 offense of murder in the first degree under section 707.2 and 12 11 a return of a verdict in favor of a sentence of death in a 12 12 penalty proceeding conducted as provided in section 901.11, 12 13 the court shall enter a judgment of conviction and shall 12 14 commit the defendant into the custody of the director of the 12 15 Iowa department of corrections. The sentence shall be carried 12 16 out by the administration of a lethal injection pursuant to 12 17 rules adopted by the board of corrections. If a defendant, 12 18 for whom a warrant of execution is issued, is pregnant, the 12 19 execution shall not take place until after the defendant is no 12 20 longer pregnant. If a defendant, for whom a warrant of 12 21 execution is issued, is suffering from such a diseased or 12 22 deranged condition of the mind as to prevent the defendant 12 23 from knowing the nature and quality of the act the defendant 12 24 has been convicted of, or from understanding that trial on the 12 25 offense has taken place and that execution proceedings are 12 26 about to take place, or otherwise causes the defendant to lack 12 27 the capacity to understand the sentence which has been imposed 12 28 and to participate in any legal proceedings relating to the 12 29 sentence, the execution shall not take place until after the 12 30 defendant's capacity is restored. If the director of the 12 31 department of corrections or the defendant's counsel files a 12 32 request with the court which issued the warrant of execution, 12 33 alleging that the defendant suffers from such a diseased or 12 34 deranged condition, a hearing on the matter shall be held in 12 35 the manner provided in section 812A.1. If a defendant was 13 1 under the age of eighteen at the time the offense was 13 2 committed, the defendant shall be sentenced as provided in 13 3 subsection 1. For the purposes of this section, "lethal 13 4 injection" means a continuous intravenous injection of a 13 5 lethal substance sufficient to cause death. 13 6 Sec. 9. NEW SECTION. 902.13 FIRST DEGREE MURDER – 13 7 ADDITIONAL FACTORS. 13 8 A person who commits murder in the first degree, who is not 13 9 mentally retarded or mentally ill, and who is age eighteen or 13 10 older at the time the offense is committed, shall be eligible 13 11 for a sentence of death under section 902.1, subsection 2, if 13 12 one or more of the following factors is established: 13 13 1. The person has been previously convicted of a class "A" 13 14 felony in this state or a criminal offense in any other state 13 15 which would constitute a class "A" felony under section 707.2, 13 16 709.2, or 710.2 if committed in this state. For purposes of 13 17 this section, a conviction which occurs prior to the filing of 13 18 an indictment or information for murder in the first degree 13 19 shall be considered to be a previous conviction. An 13 20 adjudication of delinquency does not constitute a conviction 13 21 for purposes of this subsection. 13 22 2. The person is convicted, during the course of the same 13 23 trial in which the defendant is convicted of murder in the 13 24 first degree, of committing another class "A" felony under 13 25 section 707.2, 709.2, or 710.2. 13 26 3. The victim was a witness to a crime and the murder is 13 27 for the purpose of preventing the victim from testifying in 13 28 any criminal proceeding and the murder was not committed 13 29 during the commission of the crime that the victim witnessed, 13 30 or the victim was a witness to a crime and the murder is in 13 31 retaliation for the victim's testimony in any criminal 13 32 proceeding. 13 33 4. The victim was a prosecutor or former prosecutor, as 13 34 defined in section 801.4, or was a prosecutor or former 13 35 prosecutor for any federal prosecutor's office, and the murder 14 1 is in retaliation for or to prevent the victim from carrying 14 2 out the victim's official duties. 14 3 5. The victim was a judicial officer as defined under 14 4 section 602.1101, or a former judicial officer of any court of 14 5 record in this state or any other state and the murder is in 14 6 retaliation for or to prevent the victim from carrying out the 14 7 victim's official duties. 14 8 6. The victim was an employee of an institution or 14 9 facility under the control of the department of corrections or 14 10 a judicial district department of correctional services or of 14 11 a city or county jail who was performing the victim's official 14 12 duties. 14 13 7. The victim was a peace officer, as defined under 14 14 section 801.4, or a former peace officer and the murder is in 14 15 retaliation for or to prevent the victim from carrying out the 14 16 victim's official duties. 14 17 8. The victim was under the age of twelve years and the 14 18 death results from exceptionally brutal or heinous behavior 14 19 indicative of wanton cruelty. 14 20 9. The murder was especially heinous, atrocious, cruel, or 14 21 manifesting exceptional depravity. For purposes of this 14 22 subsection, the phrase "especially heinous, atrocious, cruel, 14 23 or manifesting exceptional depravity" means a conscienceless 14 24 or pitiless crime which is unnecessarily torturous to the 14 25 victim. 14 26 For purposes of this section, "mentally retarded" means 14 27 significant subaverage general intellectual functioning 14 28 accompanied by significant deficits or impairments in adaptive 14 29 functioning manifested in the developmental period, but no 14 30 later than the age of eighteen years, and accompanied by 14 31 deficits in adaptive behavior. 14 32 For purposes of this section, "mentally ill" means the 14 33 condition of a person who is suffering from a chronic and 14 34 persistent serious mental disease or disorder and who, by 14 35 reason of that condition, lacks sufficient judgment to make 15 1 responsible decisions regarding treatment and is reasonably 15 2 likely to injure the person's self or others who may come into 15 3 contact with the person if the person is allowed to remain at 15 4 liberty without treatment. 15 5 Sec. 10. NEW SECTION. 902.14 DATA COLLECTION FOR DEATH 15 6 PENALTY. 15 7 1. The supreme court shall collect data on all murder 15 8 charges in which the death penalty is or was not waived, which 15 9 are filed and processed in the courts in this state. This 15 10 data may be used by the supreme court to determine whether 15 11 death sentences imposed are excessive or disproportionate, or 15 12 under the influence of prejudice as a result of racial 15 13 discrimination under section 814.28. The court shall make 15 14 this data available to litigants in death penalty cases. 15 15 2. Data collected by public officials concerning factors 15 16 relevant to the imposition of the death sentence shall be made 15 17 publicly available. 15 18 Sec. 11. NEW SECTION. 903C.1 EXECUTIONS – REFUSAL TO 15 19 PERFORM. 15 20 An employee of the state who may lawfully perform, assist, 15 21 or participate in the execution of a person pursuant to 15 22 section 902.1, and rules adopted by the department of 15 23 corrections, shall not be required to perform, assist, or 15 24 participate in the execution. State employees who refuse to 15 25 perform, assist, or participate in the execution of a person 15 26 shall not be discriminated against in any way, including, but 15 27 not limited to, employment, promotion, advancement, transfer, 15 28 licensing, education, training, or the granting of any 15 29 privileges or appointments because of the refusal to perform, 15 30 assist, or participate in the execution. 15 31 Sec. 12. Section 904.105, Code 1999, is amended by adding 15 32 the following new subsection: 15 33 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 15 34 pertaining to executions of persons convicted of murder in the 15 35 first degree. Rules adopted shall include, but are not 16 1 limited to, rules permitting the witnessing of executions by 16 2 members of the public. Invitations to witness an execution 16 3 shall at least be extended to the following representatives of 16 4 the news media: 16 5 a. A representative from a wire service serving Iowa. 16 6 b. A representative from a broadcasting network serving 16 7 Iowa. 16 8 c. A representative from a television station located in 16 9 Iowa. 16 10 d. A representative from a radio station located in Iowa. 16 11 e. A representative from a daily newspaper published in 16 12 Iowa. 16 13 f. A representative from a weekly newspaper published in 16 14 Iowa. 16 15 g. A representative from the news media from the community 16 16 in which the condemned person resided, if that community is 16 17 located in Iowa. 16 18 Sec. 13. Rules of criminal procedure, Iowa court rules, 16 19 third edition, are amended by adding sections 14 through 17 of 16 20 this Act. 16 21 Sec. 14. NEW RULE. MURDER IN THE FIRST DEGREE – 16 22 PROCEDURE. 16 23 1. If a notice of intent to seek the death penalty has 16 24 been filed, objections to the imposition of the death penalty 16 25 based upon allegations that a defendant was mentally retarded 16 26 at the time of the commission of the offense shall be raised 16 27 within the time provided for the filing of pretrial motions 16 28 under R.Cr.P. 10, Iowa court rules, third edition. The court 16 29 may, for good cause shown, allow late filing of the motion. 16 30 Hearing on the motion shall be held prior to trial and the 16 31 burden of proof shall be on the defendant to prove mental 16 32 retardation by a preponderance of the evidence. However, a 16 33 rebuttable presumption of mental retardation arises if a 16 34 defendant has an intelligence quotient of seventy or below. A 16 35 finding of the court that the evidence presented by the 17 1 defendant at the hearing does not preclude the imposition of 17 2 the death penalty under this section and section 902.13 shall 17 3 not preclude the introduction of evidence of mental 17 4 retardation during the penalty proceeding. If the court finds 17 5 that the evidence presented by the defendant does not preclude 17 6 the imposition of the death penalty, evidence of mental 17 7 retardation may be reviewed by the jury during the penalty 17 8 proceeding and the jury shall not be informed of the finding 17 9 in the initial proceeding at any time during the penalty 17 10 proceeding. 17 11 2. Upon a finding or plea that a defendant is guilty of 17 12 murder in the first degree in an initial proceeding, if a 17 13 notice of intent to seek the death penalty has been filed and 17 14 has not been waived, the court shall conduct a separate 17 15 penalty proceeding to determine whether the defendant shall be 17 16 sentenced to death or to life imprisonment. The penalty 17 17 proceeding shall be conducted in the trial court before the 17 18 trial jury, or the court, if there is no jury, no sooner than 17 19 twenty-four hours after the return of the verdict or plea in 17 20 the initial proceeding. In the penalty proceeding, additional 17 21 evidence may be presented as to any factor enumerated in Iowa 17 22 Code section 902.13 or any aggravating or mitigating 17 23 circumstance which may exist. Evidence presented which is 17 24 relevant to the existence of a factor enumerated in Iowa Code 17 25 section 902.13 shall be subject to the rules of evidence. 17 26 Presentation of evidence which is relevant to the existence of 17 27 an aggravating or mitigating circumstance shall not be bound 17 28 by the rules of evidence. This subsection does not authorize 17 29 the introduction of any evidence secured in violation of the 17 30 Constitution of the United States or of the Constitution of 17 31 the State of Iowa. The state and the defendant or the 17 32 defendant's counsel shall be permitted to cross-examine 17 33 witnesses and to present arguments for or against a sentence 17 34 of death. 17 35 3. On conclusion of the presentation of the evidence in 18 1 the penalty proceeding, the state and the defendant or the 18 2 defendant's counsel shall be permitted to make closing 18 3 arguments, including any rebuttal arguments, in the same 18 4 manner as in the initial proceeding and the court shall submit 18 5 each of the following issues to the jury: 18 6 a. Whether one or more of the factors enumerated in Iowa 18 7 Code section 902.13 have been established beyond a reasonable 18 8 doubt. 18 9 b. If one or more aggravating circumstances have been 18 10 established, whether one or more of those circumstances 18 11 outweigh any one or more mitigating circumstances. 18 12 c. Whether the defendant shall be sentenced to death. 18 13 If the case is not tried to a jury, the court shall 18 14 determine the issues. 18 15 4. The state must prove the issue in subsection 3, 18 16 paragraph "a" beyond a reasonable doubt, and the jury, or the 18 17 court if there is no jury, shall return a special verdict of 18 18 "yes" or "no" on each issue. 18 19 5. If the case is tried to a jury, the court shall charge 18 20 the jury that: 18 21 a. It shall answer any issue "yes" if it agrees 18 22 unanimously. 18 23 b. It shall answer any issue "no" if the jurors 18 24 unanimously agree that the answer is "no" or if the jurors do 18 25 not unanimously agree that the answer is "yes". 18 26 6. Concurrently with the return of the special verdicts 18 27 under subsection 4, the jury, or the court if there is no 18 28 jury, shall also return special verdicts as follows: 18 29 a. Which of the factor, or factors, enumerated in section 18 30 902.13, has been unanimously found to have been established 18 31 beyond a reasonable doubt. 18 32 b. Which aggravating circumstances were established and 18 33 were considered in reaching the verdict returned on the issue 18 34 specified in subsection 3, paragraph "b". 18 35 c. Which mitigating circumstances were established and 19 1 were considered in reaching the verdict returned on the issue 19 2 specified in subsection 3, paragraph "b". 19 3 7. If the jury, or the court, if there is no jury, returns 19 4 an affirmative finding on all applicable issues, the court 19 5 shall sentence the defendant to death. If the jury or the 19 6 court returns a negative finding on any applicable issue, the 19 7 court shall sentence the defendant to the custody of the 19 8 director of the department of corrections for confinement for 19 9 the rest of the defendant's life. 19 10 8. However, if evidence that the defendant was not a major 19 11 participant in the commission of the murder and that the 19 12 defendant's conduct did not manifest a reckless indifference 19 13 to human life is presented to the jury, or the court, if there 19 14 is no jury, the jury or the court shall also return a special 19 15 verdict on the issue. If the jury unanimously determines, or 19 16 the court, if there is no jury, finds that a preponderance of 19 17 evidence exists that shows that the defendant was not a major 19 18 participant in the commission of the murder and that the 19 19 defendant's conduct did not manifest a reckless indifference 19 20 to human life, the court shall enter a judgment of conviction 19 21 and shall sentence the defendant to life imprisonment as 19 22 provided in section 902.1, subsection 1, even if the jury or 19 23 the court returns unanimous affirmative findings on each of 19 24 the issues submitted under subsection 3. 19 25 9. After a verdict has been rendered it shall be recorded 19 26 on the jury verdict form and shall be read and recorded in 19 27 open court. The jurors shall be collectively asked by the 19 28 court whether the verdict returned is their true and correct 19 29 verdict. Even though no juror makes any declaration to the 19 30 contrary, the jury shall, if either party so requests, be 19 31 polled and each juror shall be separately asked whether the 19 32 verdict rendered by the jury foreperson is the juror's true 19 33 and correct verdict. If, upon either the collective or the 19 34 separate inquiry, any juror denies that the verdict is the 19 35 juror's verdict, the court shall refuse to accept the verdict. 20 1 The court may direct inquiry or permit inquiry by counsel to 20 2 ascertain whether any juror has been subjected to coercion or 20 3 has become confused during the jury deliberation process. The 20 4 court may, as appropriate, direct the jury to resume 20 5 deliberation in the case. If no disagreement on the verdict 20 6 is expressed by any of the jurors, the court shall discharge 20 7 the jury. 20 8 10. Provisions relating to deferred judgment, deferred 20 9 sentence, suspended sentence, reconsideration of sentence, 20 10 probation, parole, or work release contained in Iowa Code 20 11 chapters 901 through 909 do not apply to a conviction of 20 12 murder in the first degree if the defendant is sentenced to 20 13 death. 20 14 Sec. 15. NEW RULE. AUTOMATIC REVIEW – STAY OF EXECUTION 20 15 OF JUDGMENT. 20 16 1. A judgment of conviction and sentence of death shall be 20 17 reviewed automatically in the manner provided in Iowa Code 20 18 section 814.28, and the Iowa supreme court has exclusive 20 19 jurisdiction of the review. 20 20 2. Upon entry of judgment and sentence of death, the trial 20 21 court shall prepare a complete record and transcript of the 20 22 action in the manner provided in the rules of criminal 20 23 procedure and shall docket the record and transcript with the 20 24 clerk of the supreme court. 20 25 3. The execution of judgment of the trial court is stayed 20 26 as a matter of law from the time of its entry until the 20 27 judgment of the supreme court is certified to and entered by 20 28 the trial court. Upon entry of a judgment of the supreme 20 29 court which affirms the conviction and sentence, the stay of 20 30 execution of judgment terminates as a matter of law. 20 31 4. All court costs required due to the automatic 20 32 preparation of the record and transcript, docketing with the 20 33 supreme court, and stay of execution of judgment shall be 20 34 assessed to the state. 20 35 Sec. 16. NEW RULE. ISSUANCE OF WARRANT. 21 1 1. Upon entry by the trial court of the judgment of the 21 2 supreme court affirming a judgment and sentence of death, a 21 3 district judge shall within five days of the entry issue a 21 4 warrant under the seal of the court for the execution of the 21 5 sentence of death. The warrant shall specifically set forth 21 6 the offense and the fact of conviction, shall state the 21 7 judgment and sentence of the court, shall state that the 21 8 judgment and sentence were affirmed by the supreme court and 21 9 the date of entry of judgment of the supreme court in the 21 10 trial court, and shall, subject to the requirements of Iowa 21 11 Code section 902.1, subsection 2, specify the date fixed for 21 12 execution of the defendant which shall be not less than fifty 21 13 nor more than sixty days after the date of entry in the trial 21 14 court of the judgment of the supreme court affirming the 21 15 judgment and sentence of death. The warrant shall be directed 21 16 to the director of the department of corrections commanding 21 17 the director to cause the warrant to be executed on the date 21 18 specified. The trial court shall deliver the warrant to the 21 19 sheriff of the county in which judgment of conviction was 21 20 entered and the sheriff shall deliver the warrant to the 21 21 director of the department of corrections. The director of 21 22 the department of corrections shall acknowledge receipt of the 21 23 warrant and the defendant, and the sheriff shall return the 21 24 acknowledgment to the office of the clerk of the trial court 21 25 from which the warrant was issued. 21 26 2. Immediately after issuance of a warrant ordering a 21 27 sentence of death, the clerk of the trial court issuing the 21 28 warrant shall transmit by certified mail to the governor a 21 29 copy of the indictment, the plea, the verdict and special 21 30 findings, the affirmation of judgment and sentence by the 21 31 supreme court, and the complete transcript of the trial court. 21 32 3. Notwithstanding subsection 1, if a defendant, for whom 21 33 a warrant of execution is issued, is pregnant, the execution 21 34 shall not take place until after the defendant is no longer 21 35 pregnant. Notwithstanding subsection 1, if a defendant, for 22 1 whom a warrant of execution is issued, is suffering from such 22 2 a diseased or deranged condition of the mind as to prevent the 22 3 defendant from knowing the nature and quality of the act the 22 4 defendant has been convicted of, or from understanding that 22 5 trial on the offense has taken place and that execution 22 6 proceedings are about to take place, or to otherwise cause the 22 7 defendant to lack the capacity to understand the sentence 22 8 which has been imposed and to participate in any legal 22 9 proceedings relating to the sentence, the execution shall not 22 10 take place until after the defendant is no longer suffering 22 11 from the condition. 22 12 Sec. 17. NEW RULE. EVIDENCE AT PENALTY PROCEEDING WHERE 22 13 DEATH SENTENCE REQUESTED. 22 14 1. At a reasonable time before the commencement of initial 22 15 proceedings in a first degree murder trial in which a sentence 22 16 of death has been requested, each party shall file and serve 22 17 upon the other party the following: 22 18 a. A list of all aggravating or mitigating circumstances 22 19 which the party intends to prove during the sentencing 22 20 proceedings. 22 21 b. The names of all persons whom the party intends to call 22 22 as witnesses during the sentencing proceedings. 22 23 c. Notwithstanding R.Cr.P. 13, copies, or for inspection 22 24 purposes, the location, of all documents, including books, 22 25 papers, writings, drawings, graphs, charts, photographs, 22 26 telephone records, and other data compilations from which 22 27 information can be obtained, or other objects which the party 22 28 intends to offer into evidence during the sentencing 22 29 proceedings. If copies are not supplied to opposing counsel, 22 30 the party shall make the items available for inspection and 22 31 copying without order of the court. 22 32 2. In proceedings to determine whether the sentence shall 22 33 be death or life imprisonment, evidence may be presented as to 22 34 any matter which the trial court deems relevant to the 22 35 sentence, including but not limited to the nature, 23 1 circumstances, and manner of completion of the murder, and the 23 2 defendant's character, background, history, and mental and 23 3 physical condition. The trial court shall admit any relevant 23 4 admissible evidence respecting any aggravating or mitigating 23 5 circumstances, if the party has included the circumstance on a 23 6 list provided pursuant to this rule, or good cause is shown 23 7 for the failure to do so. 23 8 Sec. 18. EFFECTIVE DATE – SEVERABILITY – SENTENCES 23 9 COMMUTED TO LIFE IMPRISONMENT IF ACT UNCONSTITUTIONAL. 23 10 1. This Act takes effect October 1, 1999, and applies to 23 11 offenses committed on or after that date. 23 12 2. If any provision of this Act or the application thereof 23 13 to any person is invalid, the invalidity shall not affect the 23 14 provisions or application of this Act which can be given 23 15 effect without the invalid provisions or application and to 23 16 this end, the provisions of this Act are severable. 23 17 3. If the imposition of a sentence of death under this Act 23 18 is found to be unconstitutional, the sentence of any person 23 19 who has been sentenced to death under this Act shall 23 20 automatically be commuted to a term of life imprisonment. 23 21 EXPLANATION 23 22 This bill amends the Iowa criminal code to provide for 23 23 punishment by death for murder committed under specified 23 24 circumstances if the trial jury, or the judge if there is no 23 25 jury, makes specific affirmative findings respecting the act 23 26 of murder and whether the jury believes the defendant should 23 27 be put to death in a separate penalty proceeding held after 23 28 the close of the initial trial proceeding. Under the bill, a 23 29 death sentence could be imposed if the murder would constitute 23 30 murder in the first degree and the state pleads and proves the 23 31 existence of certain aggravating circumstances. Those 23 32 circumstances include the following: the murder was committed 23 33 by a person who has previously been convicted of a class "A" 23 34 felony; the person is convicted of another class "A" felony in 23 35 the course of the same trial as the trial for first degree 24 1 murder (Class "A" felonies for this purpose include murder in 24 2 the first degree, sexual abuse in the first degree, and 24 3 kidnapping in the first degree); the victim was a witness to a 24 4 crime other than the victim's own murder and the murder is for 24 5 the purpose of preventing the victim from testifying; the 24 6 murder was retaliatory and was committed against a prosecutor 24 7 or former prosecutor, a judicial officer or former judicial 24 8 officer, an employee or former employee of a corrections 24 9 institution, or a peace officer or former peace officer; the 24 10 victim was under age 12 and the death resulted from 24 11 exceptionally brutal or heinous behavior; or the murder was 24 12 especially heinous, atrocious, cruel, or manifesting 24 13 exceptional depravity. 24 14 If a person is indigent and is charged with capital murder, 24 15 payment of costs for two attorneys is authorized. The supreme 24 16 court is required to establish standards for the competency of 24 17 counsel in death penalty cases. The state public defender is 24 18 charged with establishing teams of qualified lead and co- 24 19 counsel for death penalty cases, as well as conducting or 24 20 sponsoring specialized training programs for attorneys 24 21 representing persons who may be executed. 24 22 If a murder case proceeds to trial and a notice of intent 24 23 to seek the death penalty has been filed, in addition to any 24 24 other defenses which may be presented to the charge, the 24 25 defendant may raise the issue of mental retardation during the 24 26 time of filing pretrial motions, and the defendant is entitled 24 27 to a rebuttable presumption of mental retardation if the 24 28 defendant establishes that the defendant has an intelligence 24 29 quotient of 70 or below. 24 30 Once the evidence is submitted to the jury, the court will 24 31 instruct the jury, at the defendant's request, that in 24 32 considering whether a sentence of death is justified, the 24 33 race, color, religious beliefs, national origin, or sex of the 24 34 defendant or of any victim is not to be considered. The 24 35 supreme court shall collect evidence relating to whether the 25 1 death sentences imposed are excessive, disproportionate, or 25 2 imposed under the influence of prejudice at trial which will 25 3 be available to litigants. 25 4 The sentence of death is imposed only if the death penalty 25 5 has not been previously waived and the trier of fact 25 6 unanimously answers three questions affirmatively: (1) 25 7 whether aggravating circumstances have been established beyond 25 8 a reasonable doubt; (2) whether the aggravating circumstances 25 9 outweigh any mitigating circumstances that may exist; and (3) 25 10 whether the defendant should be sentenced to death. 25 11 Mitigating factors the trier of fact may consider include the 25 12 following: the defendant was under the influence of an 25 13 extreme mental or emotional disturbance; the victim solicited 25 14 or participated in the conduct; the age of the defendant; the 25 15 defendant's ability to appreciate the wrongfulness of the 25 16 conduct due to mental disease but not to a degree to 25 17 constitute a defense; the defendant has no significant prior 25 18 criminal history; the defendant was under extreme duress; the 25 19 defendant did not directly commit the murder; the defendant's 25 20 character; the defendant gave substantial assistance to the 25 21 prosecution in the prosecution of another person for the crime 25 22 of murder; and the evidence which convicted the defendant does 25 23 not include direct evidence from two sources. The sentencing 25 24 proceeding is conducted separately from the finding of guilt 25 25 or innocence by the same trier of fact. 25 26 For the sentencing proceeding, the trier of fact is to 25 27 weigh any aggravating circumstances established beyond a 25 28 reasonable doubt by the state against any of the enumerated 25 29 mitigating circumstances which may be presented by the 25 30 defendant. Evidence of juvenile delinquency adjudications is 25 31 not admissible in any proceeding to determine the sentence. 25 32 If the jury fails to agree unanimously on the required 25 33 affirmative findings or if the supreme court determines that 25 34 error was committed in the sentencing proceeding, the penalty 25 35 would be life imprisonment. 26 1 The death penalty sentence would be reviewed automatically 26 2 by the supreme court. The bill requires the supreme court to 26 3 examine whether the sentence is excessive or disproportionate 26 4 to penalties in similar cases. If affirmed by the supreme 26 5 court, the penalty would be accomplished by lethal injection. 26 6 The bill requires the board of corrections to adopt rules 26 7 pertaining to executions, including rules pertaining to the 26 8 witnessing of executions. The criminal and juvenile justice 26 9 planning advisory council is required to review the effects of 26 10 the reinstatement of the death penalty, make findings and 26 11 develop recommendations, and report the findings annually 26 12 commencing January 1, 2001. 26 13 The bill further provides that in order to receive a 26 14 sentence of death, the defendant must be at least 18 years of 26 15 age at the time the offense is committed, must not be mentally 26 16 ill or mentally retarded, and must have been a major 26 17 participant in the commission of the murder or must have shown 26 18 a manifest indifference to human life. 26 19 A person who is sentenced to death, but who is pregnant 26 20 when the warrant of execution is issued, is not to be executed 26 21 until the person is no longer pregnant. A procedure is also 26 22 provided to stay execution of a condemned inmate who becomes 26 23 insane after conviction but before execution. 26 24 An employee of the state shall not be required to perform 26 25 or assist in any execution and shall not be discriminated 26 26 against for refusing to participate. 26 27 The bill contains severability provisions and takes effect 26 28 October 1, 1999, and applies only to offenses committed on or 26 29 after that date. 26 30 LSB 1351YH 78 26 31 jm/jw/5.1
Text: HF00025 Text: HF00027 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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