House File 555 - Introduced HOUSE FILE 555 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 105) A BILL FOR An Act relating to the sentencing of a minor who commits murder 1 in the first degree, providing penalties, and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1324HV (2) 85 jm/rj

H.F. 555 Section 1. Section 901A.2, subsections 4 and 6, Code 2013, 1 are amended to read as follows: 2 4. Except as otherwise provided in subsection 5 , a person 3 convicted of a sexually predatory offense which is a felony 4 who has previously been sentenced under subsection 3 shall be 5 sentenced to life in prison on the same terms as a class “A” 6 felon under section 902.1 , subsection 1, notwithstanding any 7 other provision of the Code to the contrary. In order for a 8 person to be sentenced under this subsection , the prosecuting 9 attorney shall allege and prove that this section is applicable 10 to the person. 11 6. A person who has been placed in a transitional release 12 program, released with or without supervision, or discharged 13 pursuant to chapter 229A , and who is subsequently convicted 14 of a sexually predatory offense or a sexually violent 15 offense, shall be sentenced to life in prison on the same 16 terms as a class “A” felon under section 902.1 , subsection 17 1, notwithstanding any other provision of the Code to the 18 contrary. The terms and conditions applicable to sentences 19 for class “A” felons under chapters 901 through 909 shall 20 apply to persons sentenced under this subsection . However, 21 if the person commits a sexually violent offense which is a 22 misdemeanor offense under chapter 709 , the person shall be 23 sentenced to life in prison, with eligibility for parole as 24 provided in chapter 906 . 25 Sec. 2. Section 902.1, subsection 2, Code 2013, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 2. a. Notwithstanding subsection 1, a person convicted of 29 murder in the first degree in violation of section 707.2, and 30 who was under the age of eighteen at the time the offense was 31 committed shall receive either of the following sentences: 32 (1) Commitment to the director of the department of 33 corrections for the rest of the defendant’s life with no 34 possibility of parole unless the governor commutes the sentence 35 -1- LSB 1324HV (2) 85 jm/rj 1/ 5

H.F. 555 to a term of years. 1 (2) Commitment to the custody of the director of the 2 department of corrections for the rest of the defendant’s life 3 with the possibility of parole after serving a minimum term of 4 confinement of forty-five years. 5 b. (1) The prosecuting attorney shall provide reasonable 6 notice to the defendant, after conviction and prior to 7 sentencing, of the state’s intention to seek a life sentence 8 with no possibility of parole under paragraph “a” , subparagraph 9 (1). 10 (2) In determining whether to impose a life sentence with no 11 possibility of parole, the court shall consider all aggravating 12 and mitigating circumstances including but not limited to the 13 following: 14 (a) The impact of the offense on each victim, as defined in 15 section 915.10, through the use of a victim impact statement, 16 as defined in section 915.10, under any format permitted by 17 section 915.13. The victim impact statement may include 18 comment on the sentence of the defendant. 19 (b) The impact of the offense on the community. 20 (c) The threat to the safety of the public or any individual 21 posed by the defendant. 22 (d) The degree of participation in the murder by the 23 defendant. 24 (e) The nature of the offense. 25 (f) The severity of the offense, including any of the 26 following: 27 (i) The murder’s commission while participating in another 28 felony. 29 (ii) The number of victims. 30 (iii) The heinous, brutal, cruel manner of the murder, 31 including whether the murder was the result of torture. 32 (g) The age-related characteristics of the defendant, 33 including the following: 34 (i) The age of the defendant at the time of the commission 35 -2- LSB 1324HV (2) 85 jm/rj 2/ 5

H.F. 555 of the offense. 1 (ii) The capacity of the defendant to appreciate the 2 criminality of the conduct. 3 (iii) Whether the ability to conform the defendant’s 4 conduct with the requirements of the law was substantially 5 impaired. 6 (iv) The level of maturity of the defendant. 7 (v) The intellectual and mental capacity of the defendant. 8 (vi) The nature and extent of any prior juvenile or criminal 9 history of the defendant, including the success or failure of 10 previous attempts at rehabilitation. 11 (vii) The mental history of the defendant. 12 (viii) The family background and home environment of the 13 defendant. 14 (ix) The level of compulsion, duress, or influence exerted 15 upon the defendant, but not to such an extent as to constitute 16 a defense. 17 (x) The likelihood that the defendant would benefit from 18 rehabilitation in confinement. 19 (xi) The likelihood of the commission of further offenses 20 by the defendant. 21 (h) Any other information considered relevant by the 22 sentencing court. 23 (3) The court may consider evidence presented at trial and 24 additional evidence presented by the prosecution or defense at 25 the sentencing hearing. The court shall specify on the record 26 the aggravating or mitigating circumstances considered by the 27 court and the reasons of the court supporting the sentence 28 imposed. 29 3. Notwithstanding subsections 1 and 2, a person convicted 30 of a class “A” felony, other than murder in the first degree 31 in violation of section 707.2, and who was under the age 32 of eighteen at the time the offense was committed shall be 33 eligible for parole after serving a minimum term of confinement 34 of twenty-five years. 35 -3- LSB 1324HV (2) 85 jm/rj 3/ 5

H.F. 555 4. If a person is paroled pursuant to subsection 2 or 3, the 1 person shall be subject to the same set of procedures set out 2 in chapters 901B, 905, 906, and 908, and rules adopted under 3 those chapters for persons on parole. 4 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 5 immediate importance, takes effect upon enactment. 6 Sec. 4. APPLICABILITY. This Act applies to a person who 7 was under the age of eighteen at the time murder in the first 8 degree was committed, and who is convicted prior to, on, or 9 after the effective date of this Act. 10 EXPLANATION 11 This bill relates to the sentencing of a minor who commits 12 murder in the first degree. 13 Current law prohibits any person who commits murder in the 14 first degree, including a minor, from being paroled unless the 15 governor commutes the life sentence to a term of years. 16 Under the bill, a person who commits murder in the first 17 degree and who was under the age of 18 at the time the offense 18 was committed may receive a life sentence with the possibility 19 of parole after serving a minimum term of confinement of 45 20 years. 21 The bill also provides that a person who commits murder 22 in the first degree and who was under the age of 18 at the 23 time the offense was committed may also be sentenced to life 24 in prison without the possibility of parole. The bill lists 25 numerous aggravating and mitigating circumstances for the court 26 to consider prior to sentencing a minor to life imprisonment 27 with no possibility of parole. The bill requires the court 28 to specify on the record the aggravating or mitigating 29 circumstances considered by the court and the reasons for the 30 sentence imposed. 31 Current law and the bill provide that a person convicted 32 of a class “A” felony, other than murder in the first degree, 33 and who was under the age of 18 at the time the offense was 34 committed shall be eligible for parole after serving a minimum 35 -4- LSB 1324HV (2) 85 jm/rj 4/ 5

H.F. 555 term of confinement of 25 years. 1 The bill takes effect upon enactment and applies to the 2 conviction of a minor for first degree murder committed at any 3 time. 4 -5- LSB 1324HV (2) 85 jm/rj 5/ 5