Senate File 534 H-1306 Amend Senate File 534, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION 1 4 IMMUNITY —— CERTAIN VEHICLE OPERATORS > 5 2. Page 1, before line 20 by inserting: 6 < DIVISION ___ 7 ASSAULTS —— HARASSMENT —— CRIMINAL MISCHIEF —— PUBLIC DISORDER > 8 3. Page 7, after line 23 by inserting: 9 < DIVISION ___ 10 CAPITAL PUNISHMENT 11 Sec. ___. Section 13.2, subsection 1, Code 2021, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0c. Prosecute and defend all actions and 14 proceedings involving capital murder as defined in section 15 902.15, when in the attorney general’s judgment, the interest 16 of the state requires the attorney general to intervene on 17 behalf of the county attorney, or upon request by the county 18 attorney. 19 Sec. ___. Section 13B.4, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 6A. The state public defender shall perform 22 all of the following duties with respect to the appointment of 23 counsel for indigent persons in cases in which a sentence of 24 death may be or is to be imposed: 25 a. Provide or contract with attorneys for appointment as 26 lead counsel and cocounsel to provide legal services in cases 27 where a person is charged with capital murder under section 28 902.15, and the state has given notice of intent to seek the 29 death penalty or in cases in which a sentence of death is to be 30 imposed. 31 b. Conduct or sponsor specialized training programs for 32 attorneys representing persons who may be executed. 33 Sec. ___. NEW SECTION . 602.10112 Qualifications of counsel 34 in capital murder cases. 35 -1- SF534.1622 (2) 89 as/rh 1/ 15 #1. #2. #3.

The supreme court shall prescribe rules which establish 1 minimum standards and procedures by which attorneys may become 2 qualified to provide legal services as lead counsel in cases in 3 which a sentence of death may be or is to be imposed. 4 Sec. ___. Section 707.2, subsection 1, paragraph d, Code 5 2021, is amended to read as follows: 6 d. The person intentionally kills a peace officer, 7 correctional officer, public employee, or hostage while the 8 person is imprisoned in a correctional institution under the 9 jurisdiction of the Iowa department of corrections, or in a 10 city or county jail. 11 Sec. ___. Section 707.2, subsection 1, Code 2021, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . g. The person intentionally kills a 14 peace officer, who is on duty, under any circumstances, with 15 knowledge that the person killed is a peace officer. 16 Sec. ___. NEW SECTION . 812A.1 Procedure to determine sanity 17 of condemned inmate. 18 1. At any time prior to execution of an inmate under section 19 902.1A, if the director of the department of corrections or 20 the counsel for a person who is under a sentence of execution 21 has cause to believe that the inmate is suffering from such 22 a diseased or deranged condition of the mind as to prevent 23 the defendant from knowing the nature and quality of the act 24 the defendant has been convicted of, or from understanding 25 that trial on the offense has taken place and that execution 26 proceedings are about to take place, or to otherwise cause the 27 defendant to lack the capacity to understand the sentence which 28 has been imposed and to participate in any legal proceedings 29 relating to the sentence, the director or counsel may file a 30 request with the court that issued the warrant for execution 31 for a determination of the inmate’s sanity. If the court 32 determines that there is not sufficient reason to believe 33 that the inmate is insane, the court shall enter an order 34 denying the request and shall state the grounds for denying the 35 -2- SF534.1622 (2) 89 as/rh 2/ 15

request. If the court believes that there is sufficient reason 1 to believe that the inmate is insane, the court shall suspend 2 the execution and conduct a hearing to determine the sanity of 3 the inmate. 4 2. At the hearing, the court shall determine the issue of 5 the inmate’s sanity. Prior to the hearing, the court shall 6 appoint two licensed physicians or licensed psychologists, or 7 one licensed physician and one licensed psychologist, who are 8 qualified by training and practice, for purposes of conducting 9 a psychiatric or psychological examination of the inmate. The 10 physicians or psychologists shall examine the inmate and report 11 any findings in writing to the court within ten days after 12 the order of examination is issued. The inmate shall have 13 the right to present evidence and cross-examine any witnesses 14 at the hearing. Any statement made by the inmate during the 15 course of any examination provided for in this section, whether 16 or not the inmate consents to the examination, shall not be 17 admitted into evidence against the inmate in any criminal 18 proceeding for purposes other than a determination of the 19 inmate’s sanity. 20 3. If, at the conclusion of a hearing held pursuant to 21 this section, the court determines that the inmate is sane, 22 the court shall enter an order setting a date for the inmate’s 23 execution, which shall be carried into effect in the same 24 manner as provided in the original sentence. A copy of the 25 order shall be sent to the director of the department of 26 corrections and the governor. 27 4. If, at the conclusion of a hearing held pursuant to this 28 section, the court determines that the inmate is insane, the 29 court shall suspend the execution until further order. At any 30 time after issuance of the order, if the court has sufficient 31 reason to believe that the inmate has become sane, the court 32 shall again determine the sanity of the inmate as provided 33 by this section. Proceedings pursuant to this section may 34 continue to be held at such times as the court orders until 35 -3- SF534.1622 (2) 89 as/rh 3/ 15

it is either determined that the inmate is sane or incurably 1 insane. 2 Sec. ___. NEW SECTION . 814.30 Review of capital murder 3 death sentence. 4 1. In a case in which a sentence of death is imposed, the 5 supreme court shall automatically review the judgment and 6 sentence. The court’s review of the case shall be de novo. The 7 case shall not be transferred to the court of appeals. 8 2. A review by the supreme court of a judgment and sentence 9 imposing the punishment of death has priority over all other 10 criminal and other actions pending before the supreme court. 11 3. The supreme court shall review the trial and judgment, 12 and shall separately review the sentencing proceeding. Upon 13 determining that errors did not occur at the trial requiring 14 reversal or modification of the judgment, the supreme court 15 shall proceed to determine if the sentence of death is lawfully 16 imposed. In its review of the sentencing proceeding the 17 supreme court shall determine all of the following: 18 a. Whether the sentence of death was imposed capriciously or 19 under the influence of prejudice or other arbitrary factor. 20 b. Whether the special verdicts returned under section 21 901E.1 are supported by the evidence. 22 c. Whether the sentence of death is excessive or 23 disproportionate to the penalty imposed in similar cases, 24 considering both the crime and the defendant. 25 4. If the supreme court determines that the sentence of 26 death was not lawfully imposed, the supreme court shall set 27 aside the sentence and shall remand the case to the trial 28 court for a second sentencing proceeding to determine if the 29 imposition of death is warranted. 30 5. If the supreme court affirms the judgment and sentence 31 of death, the clerk of the supreme court shall certify the 32 judgment of the supreme court under the seal of the supreme 33 court to the clerk of the trial court. 34 Sec. ___. Section 815.10, Code 2021, is amended by adding 35 -4- SF534.1622 (2) 89 as/rh 4/ 15

the following new subsection: 1 NEW SUBSECTION . 1A. If two attorneys have not already been 2 appointed pursuant to section 13B.4 or 13B.9, the court shall 3 appoint, for each indigent person who is charged with capital 4 murder under section 902.15, and in which a notice of intent 5 to seek the death penalty has been filed, two attorneys who 6 are qualified under section 602.10112 to represent the person 7 in the proceedings and in all state legal proceedings which 8 take place from the time the person is indicted or arraigned 9 until the person is sentenced on the charge. In addition, if 10 at any point in federal postconviction proceedings an indigent 11 person is not afforded court-appointed counsel, the state shall 12 provide counsel to the person to present any claims determined 13 meritorious by the federal court if the person is not otherwise 14 represented by legal counsel. Only private attorneys and 15 public defenders who are qualified to provide representation in 16 cases in which the death penalty may be imposed are eligible 17 for appointment or assignment to a case in which the death 18 penalty may be imposed. 19 Sec. ___. NEW SECTION . 901E.1 Capital murder proceedings —— 20 request for death penalty —— penalty proceedings. 21 1. As used in this section: 22 a. “Intellectually disabled” means the same as defined in 23 section 902.15. 24 b. “Mentally ill” or “mental illness” means the same as 25 defined in section 902.15. 26 2. If a notice of intent to seek the death penalty has 27 been filed, objections to the imposition of the death penalty 28 based upon allegations that a defendant was intellectually 29 disabled or mentally ill at the time of the commission of 30 the offense shall be raised within the time provided for the 31 filing of pretrial motions under rule of criminal procedure 32 2.11, Iowa court rules. The court may, for good cause shown, 33 allow late filing of the motion. Hearing on the motion shall 34 be held prior to trial and the burden of proof shall be on the 35 -5- SF534.1622 (2) 89 as/rh 5/ 15

defendant to prove intellectual disability or mental illness 1 by a preponderance of the evidence. If the court finds that 2 the defendant is intellectually disabled, the defendant, if 3 convicted of capital murder under section 902.15, shall not be 4 sentenced to death but shall be sentenced to life imprisonment 5 in the manner provided in section 902.1. A finding by the 6 court that the evidence presented by the defendant at the 7 hearing does not preclude the imposition of the death penalty 8 under this section and section 902.15 shall not preclude the 9 introduction of evidence of intellectual disability or mental 10 illness during the penalty proceeding. If the court finds 11 that evidence of intellectual disability or mental illness 12 does not preclude imposition of the death penalty, evidence of 13 intellectual disability or mental illness may be reviewed by 14 the jury in the penalty proceeding and the jury shall not be 15 informed of the finding in the initial proceeding at any time 16 during the penalty proceeding. 17 3. If at the trial on a charge of capital murder under 18 section 902.15, the state intends to request that the death 19 penalty be imposed under section 902.1A, the prosecutor shall 20 file a notice of intent to seek the death penalty, at the time 21 of and as part of the information or indictment filed in the 22 case. 23 4. If a notice of intent to seek the death penalty has been 24 filed, the trial shall be conducted in bifurcated proceedings 25 before the same trier of fact. During the initial proceeding, 26 the jury, or the court if the defendant waives the right to a 27 jury trial, shall decide only whether the defendant is guilty 28 or not guilty of capital murder under section 902.15. 29 a. If, in the initial proceeding, the court or jury finds 30 the defendant guilty of, or the defendant pleads guilty to, 31 an offense other than capital murder under section 902.15, 32 the court shall sentence the defendant in accordance with the 33 sentencing procedures set forth in rule of criminal procedure 34 2.23, Iowa court rules, and chapters 901 through 909, which are 35 -6- SF534.1622 (2) 89 as/rh 6/ 15

applicable to the offense. 1 b. If the court or jury finds the defendant guilty of, or 2 the defendant pleads guilty to, capital murder under section 3 902.15, but the prosecuting attorney waives the death penalty, 4 the court shall sentence the defendant to life imprisonment in 5 accordance with the sentencing procedures set forth in rule of 6 criminal procedure 2.23, Iowa court rules, and chapters 901 7 through 909, which are otherwise applicable to convictions of 8 murder in the first degree. 9 c. If the court or jury finds the defendant guilty of 10 capital murder under section 902.15, or a defendant enters a 11 plea of guilty in the initial proceeding, and the prosecuting 12 attorney does not waive imposition of the death penalty, a 13 penalty proceeding shall be held in the manner provided in 14 subsections 5 through 13. 15 5. No sooner than twenty-four hours after a verdict of 16 guilty or a plea of guilty to capital murder under section 17 902.15 is returned in the initial proceeding, a penalty 18 proceeding shall be held to determine whether the defendant 19 shall be sentenced to death or to life imprisonment. The 20 proceeding shall be conducted in the trial court before the 21 trial jury, or before the court if the defendant has waived 22 the right to a jury trial or has waived the right for the 23 proceeding to be before the trial jury. Both the state and the 24 defendant shall have the right to present opening statements 25 at the commencement of the proceeding. In the proceeding, 26 evidence relevant to the existence of any aggravating or 27 mitigating circumstances may be presented as follows: 28 a. The state or the defendant may present evidence relevant 29 to the conviction of capital murder under section 902.15 and 30 any aggravating circumstances other than juvenile delinquency 31 adjudications for offenses which carry penalties equivalent to 32 the penalties imposed for simple or serious misdemeanors. The 33 state may introduce evidence of the actual harm caused by the 34 commission of the capital murder offense under section 902.15, 35 -7- SF534.1622 (2) 89 as/rh 7/ 15

including but not limited to evidence relating to the life of 1 the victim and the impact of the loss of the victim to the 2 victim’s family and society. 3 b. The defendant may present evidence that the defendant 4 was intellectually disabled or mentally ill at the time of the 5 commission of the offense. The burden of proof shall be on the 6 defendant to prove intellectual disability or mental illness by 7 a preponderance of the evidence. 8 c. The state or the defendant may present evidence relevant 9 to any mitigating circumstances which may exist. Mitigating 10 circumstances may include the following circumstances: 11 (1) The defendant was under the influence of an extreme 12 mental or emotional disturbance insufficient to constitute a 13 defense. 14 (2) The age of the defendant at the time of the offense. 15 (3) The defendant’s capacity to appreciate the wrongfulness 16 of the defendant’s conduct and to conform that conduct to the 17 requirements of law was significantly impaired as a result of a 18 mental disease or defect or intellectual disability, but not to 19 a degree sufficient to constitute a defense. 20 (4) The defendant has no significant history of prior adult 21 criminal activity. 22 (5) The defendant acted under extreme duress or under the 23 substantial domination of another person. 24 (6) The defendant did not directly commit the capital murder 25 offense and the defendant did not intend to kill or anticipate 26 that lethal force would be used. 27 (7) Any other factor which is relevant to the defendant’s 28 character or record or to the circumstances of the offense. 29 d. The state and the defendant or the defendant’s counsel 30 shall be permitted to present and cross-examine witnesses and 31 present arguments for or against a sentence of death. Evidence 32 regarding aggravating and mitigating circumstances shall not 33 be governed by the rules governing admissibility of evidence, 34 except that introduction of evidence secured in violation of 35 -8- SF534.1622 (2) 89 as/rh 8/ 15

the Constitution of the United States or of the Constitution of 1 the State of Iowa shall not be permitted. 2 6. At the conclusion of presentation of evidence in 3 the penalty proceeding, the state and the defendant or the 4 defendant’s counsel shall be permitted to make closing 5 arguments, including any rebuttal arguments, in the same manner 6 as in the initial proceeding and the following issues shall be 7 determined by the jury or by the court if there is no jury: 8 a. Whether the aggravating circumstance or circumstances 9 have been established beyond a reasonable doubt and outweigh 10 any one or more mitigating circumstances. 11 b. Whether the defendant shall be sentenced to death. 12 7. A recommendation for a sentence of death shall not be 13 permitted if the recommendation is based on the race, color, 14 religious beliefs, national origin, or sex of the defendant 15 or of any victim, or based on any other protected class under 16 chapter 216. After submission of the issues, but prior to the 17 return of a finding in the penalty proceeding, if the matter 18 is tried before a jury, the court shall instruct the jury 19 that in considering whether a sentence of death is justified, 20 the jury shall not consider race, color, religious beliefs, 21 national origin, or sex of the defendant or of any victim, or 22 consider any other protected class under chapter 216. The 23 court shall further instruct the jury that the jury shall not 24 return a sentence of death unless the jury concludes that such 25 a sentence would be recommended no matter what the race, color, 26 religious beliefs, national origin, sex, or other protected 27 class of the defendant or of any victim may be. 28 8. After submission of the issues, but prior to the 29 commencement of the jury deliberations in the penalty 30 proceeding, the court shall instruct the jury that if the 31 defendant is not sentenced to death, the court is required by 32 law to impose a sentence of imprisonment until death without 33 parole. The court shall further instruct the jury that 34 the sentence of imprisonment until death without parole is 35 -9- SF534.1622 (2) 89 as/rh 9/ 15

required by law if the jury fails to reach a unanimous verdict 1 recommending a sentence of death. 2 9. Concurrently with the return of the findings on the 3 issues submitted under subsection 6, the jury, or the court if 4 there is no jury, shall return special verdicts as follows: 5 a. Which aggravating circumstances were established beyond a 6 reasonable doubt and were considered in reaching the verdict. 7 b. Which mitigating circumstances were established and 8 were considered in reaching the verdict returned on the issue 9 specified in subsection 6, paragraph “a” . 10 10. If the jury, or the court if there is no jury, returns 11 a unanimous affirmative finding on each of the issues submitted 12 under subsection 6, paragraphs “a” and “b” , the court shall 13 enter a judgment of conviction and shall sentence the defendant 14 to death as provided in section 902.1A. 15 11. However, if evidence that the defendant was not a 16 major participant in the commission of the capital murder 17 under section 902.15, and that the defendant’s conduct did not 18 manifest a reckless indifference to human life is presented 19 to the jury, or to the court if there is no jury, the jury or 20 the court shall also return a special verdict on the issue. 21 If the jury unanimously determines, or the court if there is 22 no jury, determines that a preponderance of evidence exists 23 that shows that the defendant was not a major participant in 24 the commission of the capital murder under section 902.15, 25 and that the defendant’s conduct did not manifest a reckless 26 indifference to human life, the court shall enter a judgment 27 of conviction and shall sentence the defendant to life 28 imprisonment as provided in section 902.1, even if the jury or 29 the court returns unanimous affirmative findings on each of the 30 issues submitted under subsection 6. 31 12. If the jury, or the court if there is no jury, returns 32 a negative finding on any of the issues submitted under 33 subsection 6, paragraph “a” or “b” , the court shall enter a 34 judgment of conviction and shall sentence the defendant to life 35 -10- SF534.1622 (2) 89 as/rh 10/ 15

imprisonment as provided in section 902.1. 1 13. After a verdict has been rendered it shall be recorded 2 on the jury verdict form and shall be read and recorded in open 3 court. The jurors shall be collectively asked by the court 4 whether the verdict returned is their true and correct verdict. 5 Even though no juror makes any declaration to the contrary, the 6 jury shall, if either party so requests, be polled and each 7 juror shall be separately asked whether the verdict rendered by 8 the jury foreperson is the juror’s true and correct verdict. 9 If, upon either the collective or the separate inquiry, any 10 juror denies that the verdict is the juror’s verdict, the court 11 shall refuse to accept the verdict. The court may direct 12 inquiry or permit inquiry by counsel to ascertain whether any 13 juror has been subjected to coercion or has become confused 14 during the jury deliberation process. The court may, as 15 appropriate, direct the jury to resume deliberation in the 16 case. If no disagreement on the verdict is expressed by any of 17 the jurors, the court shall discharge the jury. 18 Sec. ___. Section 902.1, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. Upon Except as provided in section 902.1A, a plea of 21 guilty, a verdict of guilty, or a special verdict upon which a 22 judgment of conviction of a class “A” felony may be rendered, 23 the court shall enter a judgment of conviction and shall commit 24 the defendant into the custody of the director of the Iowa 25 department of corrections for the rest of the defendant’s 26 life. Nothing in the Iowa corrections code pertaining to 27 deferred judgment, deferred sentence, suspended sentence, or 28 reconsideration of sentence applies to a class “A” felony, and 29 a person convicted of a class “A” felony shall not be released 30 on parole unless the governor commutes the sentence to a term 31 of years. 32 Sec. ___. NEW SECTION . 902.1A Capital murder —— death 33 penalty. 34 1. For the purposes of this section, “lethal injection” 35 -11- SF534.1622 (2) 89 as/rh 11/ 15

means a continuous intravenous injection of a lethal substance 1 sufficient to cause death. 2 2. Notwithstanding section 902.1, upon return of a plea 3 or verdict of guilty to capital murder under section 902.15, 4 and a return of a verdict in favor of a sentence of death in 5 a penalty proceeding conducted as provided in section 901E.1, 6 the court shall enter a judgment of conviction and shall commit 7 the defendant into the custody of the director of the Iowa 8 department of corrections. The sentence shall be carried out 9 by the administration of a lethal injection pursuant to rules 10 adopted by the board of corrections. If a defendant, for whom 11 a warrant of execution is issued, is pregnant, the execution 12 shall not take place until after the defendant is no longer 13 pregnant. If a defendant, for whom a warrant of execution is 14 issued, is suffering from such a diseased or deranged condition 15 of the mind as to prevent the defendant from knowing the nature 16 and quality of the act the defendant has been convicted of, 17 or from understanding that trial on the offense has taken 18 place and that execution proceedings are about to take place, 19 or to otherwise cause the defendant to lack the capacity 20 to understand the sentence which has been imposed and to 21 participate in any legal proceedings relating to the sentence, 22 the execution shall not take place until after the defendant’s 23 capacity is restored. If the director of the department of 24 corrections or the defendant’s counsel files a request with the 25 court which issued the warrant of execution, alleging that the 26 defendant suffers from such a diseased or deranged condition, a 27 hearing on the matter shall be held in the manner provided in 28 section 812A.1. 29 Sec. ___. NEW SECTION . 902.15 Capital murder. 30 1. As used in this section: 31 a. (1) “Capital murder” means any murder that makes a 32 person eligible for the death penalty. 33 (2) A person is eligible for the death penalty when a person 34 is convicted of murder in the first degree in violation of 35 -12- SF534.1622 (2) 89 as/rh 12/ 15

section 707.2. 1 b. “Intellectually disabled” means significant subaverage 2 general intellectual functioning accompanied by significant 3 deficits or impairments in adaptive functioning manifested in 4 the developmental period, but no later than the age of eighteen 5 years, and accompanied by deficits in adaptive behavior. 6 c. “Mentally ill” means the condition of a person who 7 is suffering from a chronic and persistent serious mental 8 disease or disorder and who, by reason of that condition, lacks 9 sufficient judgment to make responsible decisions regarding 10 treatment and is reasonably likely to injure the person’s self 11 or others who may come into contact with the person if the 12 person is allowed to remain at liberty without treatment. 13 2. A person who commits capital murder, who is not 14 intellectually disabled or mentally ill, and who is age 15 eighteen or older at the time of the murder in the first 16 degree, shall be eligible for a sentence of death under section 17 902.1A. 18 Sec. ___. NEW SECTION . 902.16 Data collection for capital 19 murder —— death penalty. 20 1. The supreme court shall collect data on all capital 21 murder charges in which the death penalty is or was not waived, 22 which are filed and processed in the courts in this state. 23 This data may be used by the supreme court to determine whether 24 death sentences imposed are excessive or disproportionate, or 25 under the influence of prejudice under section 814.28. The 26 court shall make this data available to litigants in death 27 penalty cases. 28 2. Data collected by public officials concerning factors 29 relevant to the imposition of the death sentence shall be made 30 publicly available. 31 Sec. ___. NEW SECTION . 903C.1 Executions —— refusal to 32 perform. 33 An employee of the state who may lawfully perform, assist, or 34 participate in the execution of a person pursuant to section 35 -13- SF534.1622 (2) 89 as/rh 13/ 15

902.1A, and rules adopted by the department of corrections, 1 shall not be required to perform, assist, or participate in 2 the execution. State employees who refuse to perform, assist, 3 or participate in the execution of a person shall not be 4 discriminated against in any way, including but not limited 5 to employment, promotion, advancement, transfer, licensing, 6 education, training, or the granting of any privileges or 7 appointments because of the refusal to perform, assist, or 8 participate in the execution. 9 Sec. ___. Section 904.105, Code 2021, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 9A. Adopt rules pursuant to chapter 17A 12 pertaining to executions of persons convicted of capital murder 13 under section 902.15. Rules adopted shall include but are not 14 limited to rules permitting the witnessing of executions by 15 members of the public and the victim’s family. Invitations 16 to witness an execution shall at least be extended to the 17 following representatives of the news media: 18 a. A representative from a wire service serving Iowa. 19 b. A representative from a broadcasting network serving 20 Iowa. 21 c. A representative from a television station located in 22 Iowa. 23 d. A representative from a radio station located in Iowa. 24 e. A representative from a daily newspaper published in 25 Iowa. 26 f. A representative from a weekly newspaper published in 27 Iowa. 28 g. A representative from the news media from the community 29 in which the condemned person resided, if that community is 30 located in Iowa. 31 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, subsection 32 3, shall not apply to this Act. 33 Sec. ___. SEVERABILITY. If any provision of this Act or the 34 application thereof to any person is invalid, the invalidity 35 -14- SF534.1622 (2) 89 as/rh 14/ 15

shall not affect the provisions or application of this Act 1 which can be given effect without the invalid provisions or 2 application and to this end, the provisions of this Act are 3 severable. 4 Sec. ___. EFFECTIVE DATE. This division of this Act takes 5 effect January 1, 2022. 6 Sec. ___. APPLICABILITY. This division of this Act applies 7 to offenses committed on or after the effective date of this 8 Act. > 9 4. Title page, by striking lines 1 and 2 and inserting < An 10 Act relating to law enforcement and certain criminal offenses, 11 creating a capital murder offense by establishing the penalty 12 of death for murder in the first degree, providing penalties, 13 and including effective date and applicability provisions. > 14 5. By renumbering as necessary. 15 ______________________________ JACOBSEN of Pottawattamie -15- SF534.1622 (2) 89 as/rh 15/ 15 #4. #5.