Text: SF00337 Text: SF00339 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, Code 2003, 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 cocounsel 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 2003, 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, 2005, 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 2003, 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 postconviction 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 2.11, Iowa 5 9 court rules. The court may, for good cause shown, allow late 5 10 filing of the motion. Hearing on the motion shall be held 5 11 prior to trial and the burden of proof shall be on the 5 12 defendant to prove mental retardation or mental illness by a 5 13 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 902.14 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 902.14 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 2.23, Iowa 6 16 court rules, and chapters 901 through 909, which are 6 17 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 2.23, Iowa court rules, and chapters 901 6 24 through 909, which are applicable to convictions of murder in 6 25 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 or has waived the right for the proceeding to 7 5 be before the trial jury. Both the state and the defendant 7 6 shall have the right to present opening statements at the 7 7 commencement of the penalty proceedings. In the proceeding, 7 8 evidence relevant to the existence of any aggravating or 7 9 mitigating circumstances may be presented as follows: 7 10 a. The state or the defendant may present evidence 7 11 relevant to any of the factors enumerated in section 902.14 7 12 and any aggravating circumstances other than juvenile 7 13 delinquency adjudications for offenses which carry penalties 7 14 equivalent to the penalties imposed for simple or serious 7 15 misdemeanors. The state may introduce evidence of the actual 7 16 harm caused by the commission of the murder including, but not 7 17 limited to, evidence relating to the life of the victim and 7 18 the impact of the loss of the victim to the victim's family 7 19 and society. The state shall be required to prove the 7 20 existence of one or more of the factors enumerated in section 7 21 902.14 beyond a reasonable doubt. 7 22 b. The defendant may present evidence that the defendant 7 23 was mentally retarded at the time of the commission of the 7 24 offense. The burden of proof shall be on the defendant to 7 25 prove mental retardation by a preponderance of the evidence. 7 26 However, a rebuttable presumption of mental retardation arises 7 27 if a defendant has an intelligence quotient of seventy or 7 28 below. 7 29 c. The state or the defendant may present evidence 7 30 relevant to any mitigating circumstances which may exist. 7 31 Mitigating circumstances may include the following 7 32 circumstances: 7 33 (1) The defendant was under the influence of an extreme 7 34 mental or emotional disturbance insufficient to constitute a 7 35 defense. 8 1 (2) The victim solicited, participated in, or consented to 8 2 the conduct which resulted in the victim's death. 8 3 (3) The age of the defendant at the time of the murder. 8 4 (4) The defendant's capacity to appreciate the 8 5 wrongfulness of the defendant's conduct and to conform that 8 6 conduct to the requirements of law was significantly impaired 8 7 as a result of a mental disease or defect or mental 8 8 retardation, but not to a degree sufficient to constitute a 8 9 defense. 8 10 (5) The defendant has no significant history of prior 8 11 adult criminal activity. 8 12 (6) The defendant acted under extreme duress or under the 8 13 substantial domination of another person. 8 14 (7) The defendant did not directly commit the murder and 8 15 the defendant did not intend to kill or anticipate that lethal 8 16 force would be used. 8 17 (8) Any other factor which is relevant to the defendant's 8 18 character or record or to the circumstances of the offense. 8 19 (9) The defendant rendered substantial assistance to the 8 20 state in the prosecution of another person for the crime of 8 21 murder. 8 22 (10) The evidence which establishes that the defendant 8 23 committed murder in the first degree does not include direct 8 24 evidence from at least two different sources. 8 25 d. The state and the defendant or the defendant's counsel 8 26 shall be permitted to present and cross-examine witnesses and 8 27 present arguments for or against a sentence of death. The 8 28 admission of evidence in support of the existence of a factor 8 29 enumerated in section 902.14 shall be governed by the rules 8 30 governing admissibility of evidence at a criminal trial. 8 31 Evidence regarding aggravating and mitigating circumstances 8 32 shall not be governed by the rules governing admissibility of 8 33 evidence, except that introduction of evidence secured in 8 34 violation of the Constitution of the United States or of the 8 35 Constitution of the State of Iowa shall not be permitted. 9 1 5. At the conclusion of presentation of evidence in the 9 2 penalty proceeding, the state and the defendant or the 9 3 defendant's counsel shall be permitted to make closing 9 4 arguments, including any rebuttal arguments, in the same 9 5 manner as in the initial proceeding and the following issues 9 6 shall be determined by the jury or the court, if there is no 9 7 jury: 9 8 a. Whether one or more of the factors enumerated in 9 9 section 902.14 have been established beyond a reasonable 9 10 doubt. 9 11 b. If one or more aggravating circumstances are 9 12 established, whether the aggravating circumstance or 9 13 circumstances outweigh any one or more mitigating 9 14 circumstances. 9 15 c. Whether the defendant shall be sentenced to death. 9 16 6. A recommendation for a sentence of death shall not be 9 17 permitted if the recommendation is based on the race, color, 9 18 religious beliefs, national origin, or sex of the defendant or 9 19 any victim. After submission of the issues, but prior to the 9 20 return of a finding in the penalty proceeding, if the matter 9 21 is tried before a jury, the court shall instruct the jury that 9 22 in considering whether a sentence of death is justified, it 9 23 shall not consider race, color, religious beliefs, national 9 24 origin, or sex of the defendant or of any victim. The court 9 25 shall further instruct the jury that it shall not return a 9 26 sentence of death unless it concludes that such a sentence 9 27 would be recommended no matter what the race, color, religious 9 28 beliefs, national origin, or sex of the defendant or any 9 29 victim may be. 9 30 7. After submission of the issues, but prior to the 9 31 commencement of the jury deliberations in the penalty 9 32 proceeding, the court shall instruct the jury that if the 9 33 defendant is not sentenced to death, the court is required by 9 34 law to impose a sentence of imprisonment until death without 9 35 parole. The court shall further instruct the jury that the 10 1 sentence of imprisonment until death without parole is 10 2 required by law if the jury fails to reach a unanimous verdict 10 3 recommending a sentence of death. 10 4 8. Concurrently with the return of the findings on the 10 5 issues submitted under subsection 5, the jury, or the court if 10 6 there is no jury, shall return special verdicts as follows: 10 7 a. Which factors, as enumerated in section 902.14, have 10 8 been unanimously found to have been established beyond a 10 9 reasonable doubt. 10 10 b. Which aggravating circumstances were established and 10 11 were considered in reaching the verdict returned on the issue 10 12 specified in subsection 5, paragraph "b". 10 13 c. Which mitigating circumstances were established and 10 14 were considered in reaching the verdict returned on the issue 10 15 specified in subsection 5, paragraph "b". 10 16 9. If the jury, or the court if there is no jury, returns 10 17 a unanimous affirmative finding on each of the issues 10 18 submitted under subsection 5, paragraphs "a", "b", and "c", 10 19 the court shall enter a judgment of conviction and shall 10 20 sentence the defendant to death as provided in section 902.1, 10 21 subsection 2. 10 22 10. However, if evidence that the defendant was not a 10 23 major participant in the commission of the murder and that the 10 24 defendant's conduct did not manifest a reckless indifference 10 25 to human life is presented to the jury, or the court, if there 10 26 is no jury, the jury or the court shall also return a special 10 27 verdict on the issue. If the jury unanimously determines, or 10 28 the court, if there is no jury, finds that a preponderance of 10 29 evidence exists that shows that the defendant was not a major 10 30 participant in the commission of the murder and that the 10 31 defendant's conduct did not manifest a reckless indifference 10 32 to human life, the court shall enter a judgment of conviction 10 33 and shall sentence the defendant to life imprisonment as 10 34 provided in section 902.1, subsection 1, even if the jury or 10 35 the court returns unanimous affirmative findings on each of 11 1 the issues submitted under subsection 5. 11 2 11. If the jury, or the court, if there is no jury, 11 3 returns a negative finding on any of the issues submitted 11 4 under subsection 5, paragraphs "a", "b", and "c", the court 11 5 shall enter a judgment of conviction and shall sentence the 11 6 defendant to life imprisonment as provided in section 902.1, 11 7 subsection 1. 11 8 12. After a verdict has been rendered it shall be recorded 11 9 on the jury verdict form and shall be read and recorded in 11 10 open court. The jurors shall be collectively asked by the 11 11 court whether the verdict returned is their true and correct 11 12 verdict. Even though no juror makes any declaration to the 11 13 contrary, the jury shall, if either party so requests, be 11 14 polled and each juror shall be separately asked whether the 11 15 verdict rendered by the jury foreperson is the juror's true 11 16 and correct verdict. If, upon either the collective or the 11 17 separate inquiry, any juror denies that the verdict is the 11 18 juror's verdict, the court shall refuse to accept the verdict. 11 19 The court may direct inquiry or permit inquiry by counsel to 11 20 ascertain whether any juror has been subjected to coercion or 11 21 has become confused during the jury deliberation process. The 11 22 court may, as appropriate, direct the jury to resume 11 23 deliberation in the case. If no disagreement on the verdict 11 24 is expressed by any of the jurors, the court shall discharge 11 25 the jury. 11 26 13. This section shall not apply to a defendant who was 11 27 under the age of eighteen at the time the offense was 11 28 committed. 11 29 Sec. 8. Section 902.1, Code 2003, is amended to read as 11 30 follows: 11 31 902.1 CLASS "A" FELONY. 11 32 1.UponExcept as otherwise provided in subsection 2, upon 11 33 a plea of guilty, a verdict of guilty, or a special verdict 11 34 upon which a judgment of conviction of a class "A" felony may 11 35 be rendered, the court shall enter a judgment of conviction 12 1 and shall commit the defendant into the custody of the 12 2 director of the Iowa department of corrections for the rest of 12 3 the defendant's life. Nothing in the Iowa corrections code 12 4 pertaining to deferred judgment, deferred sentence, suspended 12 5 sentence, or reconsideration of sentence applies to a sentence 12 6 of life imprisonment for a class "A" felony, and a person 12 7 convicted of a class "A" felony and sentenced to life 12 8 imprisonment shall not be released on parole unless the 12 9 governor commutes the sentence to a term of years. 12 10 2. Upon return of a plea or verdict of guilty to the 12 11 offense of murder in the first degree under section 707.2 and 12 12 a return of a verdict in favor of a sentence of death in a 12 13 penalty proceeding conducted as provided in section 901.11, 12 14 the court shall enter a judgment of conviction and shall 12 15 commit the defendant into the custody of the director of the 12 16 Iowa department of corrections. The sentence shall be carried 12 17 out by the administration of a lethal injection pursuant to 12 18 rules adopted by the board of corrections. If a defendant, 12 19 for whom a warrant of execution is issued, is pregnant, the 12 20 execution shall not take place until after the defendant is no 12 21 longer pregnant. If a defendant, for whom a warrant of 12 22 execution is issued, is suffering from such a diseased or 12 23 deranged condition of the mind as to prevent the defendant 12 24 from knowing the nature and quality of the act the defendant 12 25 has been convicted of, or from understanding that trial on the 12 26 offense has taken place and that execution proceedings are 12 27 about to take place, or otherwise causes the defendant to lack 12 28 the capacity to understand the sentence which has been imposed 12 29 and to participate in any legal proceedings relating to the 12 30 sentence, the execution shall not take place until after the 12 31 defendant's capacity is restored. If the director of the 12 32 department of corrections or the defendant's counsel files a 12 33 request with the court which issued the warrant of execution, 12 34 alleging that the defendant suffers from such a diseased or 12 35 deranged condition, a hearing on the matter shall be held in 13 1 the manner provided in section 812A.1. If a defendant was 13 2 under the age of eighteen at the time the offense was 13 3 committed, the defendant shall be sentenced as provided in 13 4 subsection 1. For the purposes of this section, "lethal 13 5 injection" means a continuous intravenous injection of a 13 6 lethal substance sufficient to cause death. 13 7 Sec. 9. NEW SECTION. 902.14 FIRST DEGREE MURDER – 13 8 ADDITIONAL FACTORS. 13 9 A person who commits murder in the first degree, who is not 13 10 mentally retarded or mentally ill, and who is age eighteen or 13 11 older at the time the offense is committed, shall be eligible 13 12 for a sentence of death under section 902.1, subsection 2, if 13 13 one or more of the following factors is established: 13 14 1. The person has been previously convicted of a class "A" 13 15 felony in this state or a criminal offense in any other state 13 16 which would constitute a class "A" felony under section 707.2, 13 17 709.2, or 710.2 if committed in this state. For purposes of 13 18 this section, a conviction which occurs prior to the filing of 13 19 an indictment or information for murder in the first degree 13 20 shall be considered to be a previous conviction. An 13 21 adjudication of delinquency does not constitute a conviction 13 22 for purposes of this subsection. 13 23 2. The person is convicted of murder in the first degree 13 24 in violation of section 707.2, subsection 6. 13 25 For purposes of this section, "mentally retarded" means 13 26 significant subaverage general intellectual functioning 13 27 accompanied by significant deficits or impairments in adaptive 13 28 functioning manifested in the developmental period, but no 13 29 later than the age of eighteen years, and accompanied by 13 30 deficits in adaptive behavior. 13 31 For purposes of this section, "mentally ill" means the 13 32 condition of a person who is suffering from a chronic and 13 33 persistent serious mental disease or disorder and who, by 13 34 reason of that condition, lacks sufficient judgment to make 13 35 responsible decisions regarding treatment and is reasonably 14 1 likely to injure the person's self or others who may come into 14 2 contact with the person if the person is allowed to remain at 14 3 liberty without treatment. 14 4 Sec. 10. NEW SECTION. 902.15 DATA COLLECTION FOR DEATH 14 5 PENALTY. 14 6 1. The supreme court shall collect data on all murder 14 7 charges in which the death penalty is or was not waived, which 14 8 are filed and processed in the courts in this state. This 14 9 data may be used by the supreme court to determine whether 14 10 death sentences imposed are excessive or disproportionate, or 14 11 under the influence of prejudice as a result of racial 14 12 discrimination under section 814.28. The court shall make 14 13 this data available to litigants in death penalty cases. 14 14 2. Data collected by public officials concerning factors 14 15 relevant to the imposition of the death sentence shall be made 14 16 publicly available. 14 17 Sec. 11. NEW SECTION. 903C.1 EXECUTIONS – REFUSAL TO 14 18 PERFORM. 14 19 An employee of the state who may lawfully perform, assist, 14 20 or participate in the execution of a person pursuant to 14 21 section 902.1, and rules adopted by the department of 14 22 corrections, shall not be required to perform, assist, or 14 23 participate in the execution. State employees who refuse to 14 24 perform, assist, or participate in the execution of a person 14 25 shall not be discriminated against in any way, including, but 14 26 not limited to, employment, promotion, advancement, transfer, 14 27 licensing, education, training, or the granting of any 14 28 privileges or appointments because of the refusal to perform, 14 29 assist, or participate in the execution. 14 30 Sec. 12. Section 904.105, Code 2003, is amended by adding 14 31 the following new subsection: 14 32 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A 14 33 pertaining to executions of persons convicted of murder in the 14 34 first degree. Rules adopted shall include, but are not 14 35 limited to, rules permitting the witnessing of executions by 15 1 members of the public. Invitations to witness an execution 15 2 shall at least be extended to the following representatives of 15 3 the news media: 15 4 a. A representative from a wire service serving Iowa. 15 5 b. A representative from a broadcasting network serving 15 6 Iowa. 15 7 c. A representative from a television station located in 15 8 Iowa. 15 9 d. A representative from a radio station located in Iowa. 15 10 e. A representative from a daily newspaper published in 15 11 Iowa. 15 12 f. A representative from a weekly newspaper published in 15 13 Iowa. 15 14 g. A representative from the news media from the community 15 15 in which the condemned person resided, if that community is 15 16 located in Iowa. 15 17 Sec. 13. Rules of criminal procedure, Iowa court rules, 15 18 are amended by adding sections 14 through 17 of this Act. 15 19 Sec. 14. NEW RULE. 2. MURDER IN THE FIRST DEGREE – 15 20 PROCEDURE. 15 21 2.___(1) If a notice of intent to seek the death penalty 15 22 has been filed, objections to the imposition of the death 15 23 penalty based upon allegations that a defendant was mentally 15 24 retarded at the time of the commission of the offense shall be 15 25 raised within the time provided for the filing of pretrial 15 26 motions under R.Cr.P. 2.11, Iowa court rules. The court may, 15 27 for good cause shown, allow late filing of the motion. 15 28 Hearing on the motion shall be held prior to trial and the 15 29 burden of proof shall be on the defendant to prove mental 15 30 retardation by a preponderance of the evidence. However, a 15 31 rebuttable presumption of mental retardation arises if a 15 32 defendant has an intelligence quotient of seventy or below. A 15 33 finding of the court that the evidence presented by the 15 34 defendant at the hearing does not preclude the imposition of 15 35 the death penalty under this rule and Iowa Code section 902.14 16 1 shall not preclude the introduction of evidence of mental 16 2 retardation during the penalty proceeding. If the court finds 16 3 that the evidence presented by the defendant does not preclude 16 4 the imposition of the death penalty, evidence of mental 16 5 retardation may be reviewed by the jury during the penalty 16 6 proceeding and the jury shall not be informed of the finding 16 7 in the initial proceeding at any time during the penalty 16 8 proceeding. 16 9 2.___(2) Upon a finding or plea that a defendant is guilty 16 10 of murder in the first degree in an initial proceeding, if a 16 11 notice of intent to seek the death penalty has been filed and 16 12 has not been waived, the court shall conduct a separate 16 13 penalty proceeding to determine whether the defendant shall be 16 14 sentenced to death or to life imprisonment. The penalty 16 15 proceeding shall be conducted in the trial court before the 16 16 trial jury, or the court, if there is no jury, no sooner than 16 17 twenty-four hours after the return of the verdict or plea in 16 18 the initial proceeding. In the penalty proceeding, additional 16 19 evidence may be presented as to any factor enumerated in Iowa 16 20 Code section 902.14 or any aggravating or mitigating 16 21 circumstance which may exist. Evidence presented which is 16 22 relevant to the existence of a factor enumerated in Iowa Code 16 23 section 902.14 shall be subject to the rules of evidence. 16 24 Presentation of evidence which is relevant to the existence of 16 25 an aggravating or mitigating circumstance shall not be bound 16 26 by the rules of evidence. This subsection does not authorize 16 27 the introduction of any evidence secured in violation of the 16 28 Constitution of the United States or of the Constitution of 16 29 the State of Iowa. The state and the defendant or the 16 30 defendant's counsel shall be permitted to cross-examine 16 31 witnesses and to present arguments for or against a sentence 16 32 of death. 16 33 2.___(3) On conclusion of the presentation of the evidence 16 34 in the penalty proceeding, the state and the defendant or the 16 35 defendant's counsel shall be permitted to make closing 17 1 arguments, including any rebuttal arguments, in the same 17 2 manner as in the initial proceeding and the court shall submit 17 3 each of the following issues to the jury: 17 4 a. Whether one or more of the factors enumerated in Iowa 17 5 Code section 902.14 have been established beyond a reasonable 17 6 doubt. 17 7 b. If one or more aggravating circumstances have been 17 8 established, whether one or more of those circumstances 17 9 outweigh any one or more mitigating circumstances. 17 10 c. Whether the defendant shall be sentenced to death. 17 11 If the case is not tried to a jury, the court shall 17 12 determine the issues. 17 13 2.___(4) The state must prove the issue in rule 2. 17 14 ___(3)(a) beyond a reasonable doubt, and the jury, or the 17 15 court if there is no jury, shall return a special verdict of 17 16 "yes" or "no" on each issue. 17 17 2.___(5) If the case is tried to a jury, the court shall 17 18 charge the jury that: 17 19 a. It shall answer any issue "yes" if it agrees 17 20 unanimously. 17 21 b. It shall answer any issue "no" if the jurors 17 22 unanimously agree that the answer is "no" or if the jurors do 17 23 not unanimously agree that the answer is "yes". 17 24 2.___(6) Concurrently with the return of the special 17 25 verdicts under rule 2.___(4), the jury, or the court if there 17 26 is no jury, shall also return special verdicts as follows: 17 27 a. Which of the factor, or factors, enumerated in Iowa 17 28 Code section 902.14, has been unanimously found to have been 17 29 established beyond a reasonable doubt. 17 30 b. Which aggravating circumstances were established and 17 31 were considered in reaching the verdict returned on the issue 17 32 specified in rule 2.___(3)(b). 17 33 c. Which mitigating circumstances were established and 17 34 were considered in reaching the verdict returned on the issue 17 35 specified in rule 2.___(3)(b). 18 1 2.___(7) If the jury, or the court, if there is no jury, 18 2 returns an affirmative finding on all applicable issues, the 18 3 court shall sentence the defendant to death. If the jury or 18 4 the court returns a negative finding on any applicable issue, 18 5 the court shall sentence the defendant to the custody of the 18 6 director of the department of corrections for confinement for 18 7 the rest of the defendant's life. 18 8 2.___(8) However, if evidence that the defendant was not a 18 9 major participant in the commission of the murder and that the 18 10 defendant's conduct did not manifest a reckless indifference 18 11 to human life is presented to the jury, or the court, if there 18 12 is no jury, the jury or the court shall also return a special 18 13 verdict on the issue. If the jury unanimously determines, or 18 14 the court, if there is no jury, finds that a preponderance of 18 15 evidence exists that shows that the defendant was not a major 18 16 participant in the commission of the murder and that the 18 17 defendant's conduct did not manifest a reckless indifference 18 18 to human life, the court shall enter a judgment of conviction 18 19 and shall sentence the defendant to life imprisonment as 18 20 provided in Iowa Code section 902.1, subsection 1, even if the 18 21 jury or the court returns unanimous affirmative findings on 18 22 each of the issues submitted under rule 2.___(3). 18 23 2.___(9) After a verdict has been rendered it shall be 18 24 recorded on the jury verdict form and shall be read and 18 25 recorded in open court. The jurors shall be collectively 18 26 asked by the court whether the verdict returned is their true 18 27 and correct verdict. Even though no juror makes any 18 28 declaration to the contrary, the jury shall, if either party 18 29 so requests, be polled and each juror shall be separately 18 30 asked whether the verdict rendered by the jury foreperson is 18 31 the juror's true and correct verdict. If, upon either the 18 32 collective or the separate inquiry, any juror denies that the 18 33 verdict is the juror's verdict, the court shall refuse to 18 34 accept the verdict. The court may direct inquiry or permit 18 35 inquiry by counsel to ascertain whether any juror has been 19 1 subjected to coercion or has become confused during the jury 19 2 deliberation process. The court may, as appropriate, direct 19 3 the jury to resume deliberation in the case. If no 19 4 disagreement on the verdict is expressed by any of the jurors, 19 5 the court shall discharge the jury. 19 6 2.___(10) Provisions relating to deferred judgment, 19 7 deferred sentence, suspended sentence, reconsideration of 19 8 sentence, probation, parole, or work release contained in Iowa 19 9 Code chapters 901 through 909 do not apply to a conviction of 19 10 murder in the first degree if the defendant is sentenced to 19 11 death. 19 12 Sec. 15. NEW RULE. 2.___ AUTOMATIC REVIEW – STAY OF 19 13 EXECUTION OF JUDGMENT. 19 14 2.___(1) A judgment of conviction and sentence of death 19 15 shall be reviewed automatically in the manner provided in Iowa 19 16 Code section 814.28, and the Iowa supreme court has exclusive 19 17 jurisdiction of the review. 19 18 2.___(2) Upon entry of judgment and sentence of death, the 19 19 trial court shall prepare a complete record and transcript of 19 20 the action in the manner provided in the rules of criminal 19 21 procedure and shall docket the record and transcript with the 19 22 clerk of the supreme court. 19 23 2.___(3) The execution of judgment of the trial court is 19 24 stayed as a matter of law from the time of its entry until the 19 25 judgment of the supreme court is certified to and entered by 19 26 the trial court. Upon entry of a judgment of the supreme 19 27 court which affirms the conviction and sentence, the stay of 19 28 execution of judgment terminates as a matter of law. 19 29 2.___(4) All court costs required due to the automatic 19 30 preparation of the record and transcript, docketing with the 19 31 supreme court, and stay of execution of judgment shall be 19 32 assessed to the state. 19 33 Sec. 16. NEW RULE. 2.___ ISSUANCE OF WARRANT. 19 34 2.___(1) Upon entry by the trial court of the judgment of 19 35 the supreme court affirming a judgment and sentence of death, 20 1 a district judge shall within five days of the entry issue a 20 2 warrant under the seal of the court for the execution of the 20 3 sentence of death. The warrant shall specifically set forth 20 4 the offense and the fact of conviction, shall state the 20 5 judgment and sentence of the court, shall state that the 20 6 judgment and sentence were affirmed by the supreme court and 20 7 the date of entry of judgment of the supreme court in the 20 8 trial court, and shall, subject to the requirements of Iowa 20 9 Code section 902.1, subsection 2, specify the date fixed for 20 10 execution of the defendant which shall be not less than fifty 20 11 nor more than sixty days after the date of entry in the trial 20 12 court of the judgment of the supreme court affirming the 20 13 judgment and sentence of death. The warrant shall be directed 20 14 to the director of the department of corrections commanding 20 15 the director to cause the warrant to be executed on the date 20 16 specified. The trial court shall deliver the warrant to the 20 17 sheriff of the county in which judgment of conviction was 20 18 entered and the sheriff shall deliver the warrant to the 20 19 director of the department of corrections. The director of 20 20 the department of corrections shall acknowledge receipt of the 20 21 warrant and the defendant, and the sheriff shall return the 20 22 acknowledgment to the office of the clerk of the trial court 20 23 from which the warrant was issued. 20 24 2.___(2) Immediately after issuance of a warrant ordering 20 25 a sentence of death, the clerk of the trial court issuing the 20 26 warrant shall transmit by certified mail to the governor a 20 27 copy of the indictment, the plea, the verdict and special 20 28 findings, the affirmation of judgment and sentence by the 20 29 supreme court, and the complete transcript of the trial court. 20 30 2.___(3) Notwithstanding rule 2.___(1), if a defendant, 20 31 for whom a warrant of execution is issued, is pregnant, the 20 32 execution shall not take place until after the defendant is no 20 33 longer pregnant. Notwithstanding rule 2.___(1), if a 20 34 defendant, for whom a warrant of execution is issued, is 20 35 suffering from such a diseased or deranged condition of the 21 1 mind as to prevent the defendant from knowing the nature and 21 2 quality of the act the defendant has been convicted of, or 21 3 from understanding that trial on the offense has taken place 21 4 and that execution proceedings are about to take place, or to 21 5 otherwise cause the defendant to lack the capacity to 21 6 understand the sentence which has been imposed and to 21 7 participate in any legal proceedings relating to the sentence, 21 8 the execution shall not take place until after the defendant 21 9 is no longer suffering from the condition. 21 10 Sec. 17. NEW RULE. 2.___ EVIDENCE AT PENALTY PROCEEDING 21 11 WHERE DEATH SENTENCE REQUESTED. 21 12 2.___(1) At a reasonable time before the commencement of 21 13 initial proceedings in a first degree murder trial in which a 21 14 sentence of death has been requested, each party shall file 21 15 and serve upon the other party the following: 21 16 a. A list of all aggravating or mitigating circumstances 21 17 which the party intends to prove during the sentencing 21 18 proceedings. 21 19 b. The names of all persons whom the party intends to call 21 20 as witnesses during the sentencing proceedings. 21 21 c. Notwithstanding rule 2.14, copies, or for inspection 21 22 purposes, the location, of all documents, including books, 21 23 papers, writings, drawings, graphs, charts, photographs, 21 24 telephone records, and other data compilations from which 21 25 information can be obtained, or other objects which the party 21 26 intends to offer into evidence during the sentencing 21 27 proceedings. If copies are not supplied to opposing counsel, 21 28 the party shall make the items available for inspection and 21 29 copying without order of the court. 21 30 2.___(2) In proceedings to determine whether the sentence 21 31 shall be death or life imprisonment, evidence may be presented 21 32 as to any matter which the trial court deems relevant to the 21 33 sentence, including but not limited to the nature, 21 34 circumstances, and manner of completion of the murder, and the 21 35 defendant's character, background, history, and mental and 22 1 physical condition. The trial court shall admit any relevant 22 2 admissible evidence respecting any aggravating or mitigating 22 3 circumstances, if the party has included the circumstance on a 22 4 list provided pursuant to this rule, or good cause is shown 22 5 for the failure to do so. 22 6 Sec. 18. EFFECTIVE DATE – SEVERABILITY – SENTENCES 22 7 COMMUTED TO LIFE IMPRISONMENT IF ACT UNCONSTITUTIONAL. 22 8 1. This Act takes effect January 1, 2004, and applies to 22 9 offenses committed on or after that date. 22 10 2. If any provision of this Act or the application thereof 22 11 to any person is invalid, the invalidity shall not affect the 22 12 provisions or application of this Act which can be given 22 13 effect without the invalid provisions or application and to 22 14 this end, the provisions of this Act are severable. 22 15 3. If the imposition of a sentence of death under this Act 22 16 is found to be unconstitutional, the sentence of any person 22 17 who has been sentenced to death under this Act shall 22 18 automatically be commuted to a term of life imprisonment. 22 19 EXPLANATION 22 20 This bill amends the Iowa criminal code to provide for 22 21 punishment by death for murder committed under specified 22 22 circumstances if the trial jury, or the judge if there is no 22 23 jury, makes specific affirmative findings respecting the act 22 24 of murder and whether the jury believes the defendant should 22 25 be put to death in a separate penalty proceeding held after 22 26 the close of the initial trial proceeding. Under the bill, a 22 27 death sentence could be imposed if the murder would constitute 22 28 murder in the first degree and the state pleads and proves the 22 29 existence of certain aggravating circumstances. Those 22 30 circumstances include the following: the murder was committed 22 31 by a person who has previously been convicted of a class "A" 22 32 felony; or the person was convicted of murder in the first 22 33 degree while participating in an act of terrorism. 22 34 If a person is indigent and is charged with capital murder, 22 35 payment of costs for two attorneys is authorized. The supreme 23 1 court is required to establish standards for the competency of 23 2 counsel in death penalty cases. The state public defender is 23 3 charged with establishing teams of qualified lead and co- 23 4 counsel for death penalty cases, as well as conducting or 23 5 sponsoring specialized training programs for attorneys 23 6 representing persons who may be executed. 23 7 If a murder case proceeds to trial and a notice of intent 23 8 to seek the death penalty has been filed, in addition to any 23 9 other defenses which may be presented to the charge, the 23 10 defendant may raise the issue of mental retardation during the 23 11 time of filing pretrial motions, and the defendant is entitled 23 12 to a rebuttable presumption of mental retardation if the 23 13 defendant establishes that the defendant has an intelligence 23 14 quotient of 70 or below. 23 15 Once the evidence is submitted to the jury, the court will 23 16 instruct the jury, at the defendant's request, that in 23 17 considering whether a sentence of death is justified, the 23 18 race, color, religious beliefs, national origin, or sex of the 23 19 defendant or of any victim is not to be considered. The 23 20 supreme court shall collect evidence relating to whether the 23 21 death sentences imposed are excessive, disproportionate, or 23 22 imposed under the influence of prejudice at trial which will 23 23 be available to litigants. 23 24 The sentence of death is imposed only when the trier of 23 25 fact (the jury or the court if the defendant has waived the 23 26 right to a jury trial) unanimously answers three questions 23 27 affirmatively: (1) whether aggravating circumstances have 23 28 been established beyond a reasonable doubt; (2) whether the 23 29 aggravating circumstances outweigh any mitigating 23 30 circumstances that may exist; and (3) whether the defendant 23 31 should be sentenced to death. Mitigating factors the trier of 23 32 fact may consider include the following: the defendant was 23 33 under the influence of an extreme mental or emotional 23 34 disturbance; the victim solicited or participated in the 23 35 conduct; the age of the defendant; the defendant's ability to 24 1 appreciate the wrongfulness of the conduct due to mental 24 2 disease but not to a degree to constitute a defense; the 24 3 defendant has no significant prior criminal history; the 24 4 defendant was under extreme duress; the defendant did not 24 5 directly commit the murder; the defendant's character; the 24 6 defendant gave substantial assistance to the prosecution in 24 7 the prosecution of another person for the crime of murder; and 24 8 the evidence which convicted the defendant does not include 24 9 direct evidence from two sources. The sentencing proceeding 24 10 is conducted separately from the finding of guilt or innocence 24 11 by the same trier of fact. 24 12 For the sentencing proceeding, the trier of fact (the jury 24 13 or the court if the defendant has waived the right to have the 24 14 jury hear the proceedings) is to weigh any aggravating 24 15 circumstances established beyond a reasonable doubt by the 24 16 state against any of the enumerated mitigating circumstances 24 17 which may be presented by the defendant. Evidence of juvenile 24 18 delinquency adjudications is not admissible in any proceeding 24 19 to determine the sentence. If the jury fails to agree 24 20 unanimously on the required affirmative findings or if the 24 21 supreme court determines that error was committed in the 24 22 sentencing proceeding, the penalty would be life imprisonment. 24 23 The death penalty sentence would be reviewed automatically 24 24 by the supreme court. The bill requires the supreme court to 24 25 examine whether the sentence is excessive or disproportionate 24 26 to penalties in similar cases. If affirmed by the supreme 24 27 court, the penalty would be accomplished by lethal injection. 24 28 The bill requires the board of corrections to adopt rules 24 29 pertaining to executions, including rules pertaining to the 24 30 witnessing of executions. The criminal and juvenile justice 24 31 planning advisory council is required to review the effects of 24 32 the reinstatement of the death penalty, make findings and 24 33 develop recommendations, and report the findings annually 24 34 commencing January 1, 2005. 24 35 The bill further provides that in order to receive a 25 1 sentence of death, the defendant must be at least 18 years of 25 2 age at the time the offense is committed, must not be mentally 25 3 ill or mentally retarded, and must have been a major 25 4 participant in the commission of the murder or must have shown 25 5 a manifest indifference to human life. 25 6 A person who is sentenced to death, but who is pregnant 25 7 when the warrant of execution is issued, is not to be executed 25 8 until the person is no longer pregnant. A procedure is also 25 9 provided to stay execution of a condemned inmate who becomes 25 10 insane after conviction but before execution. 25 11 An employee of the state shall not be required to perform 25 12 or assist in any execution and shall not be discriminated 25 13 against for refusing to participate. 25 14 The bill contains severability provisions and takes effect 25 15 January 1, 2004, and applies only to offenses committed on or 25 16 after that date. 25 17 LSB 2659SS 80 25 18 jm/pj/5.1
Text: SF00337 Text: SF00339 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Fri Mar 28 02:30:00 CST 2003
URL: /DOCS/GA/80GA/Legislation/SF/00300/SF00338/030311.html
jhf