HF 555 (LSB 1324HV (2) 85)

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 in the first degree, providing penalties, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 901A.2, subsections 4 and 6, Code 2013, are amended to read as follows:
   4.  Except as otherwise provided in subsection 5, a person convicted of a sexually predatory offense which is a felony who has previously been sentenced under subsection 3 shall be sentenced to life in prison on the same terms as a class “A” felon under section 902.1,
 
subsection 1, notwithstanding any other provision of the Code to the contrary. In order for a person to be sentenced under this subsection, the prosecuting attorney shall allege and prove that this section is applicable to the person.
   6.  A person who has been placed in a transitional release program, released with or without supervision, or discharged pursuant to chapter 229A, and who is subsequently convicted of a sexually predatory offense or a sexually violent offense, shall be sentenced to life in prison on the same terms as a class “A” felon under section 902.1,
 
subsection 1, notwithstanding any other provision of the Code to the contrary. The terms and conditions applicable to sentences for class “A” felons under chapters 901 through 909 shall apply to persons sentenced under this subsection. However, if the person commits a sexually violent offense which is a misdemeanor offense under chapter 709, the person shall be sentenced to life in prison, with eligibility for parole as provided in chapter 906.
    Sec. 2.  Section 902.1, subsection 2, Code 2013, is amended by striking the subsection and inserting in lieu thereof the following:
   2.
  a.  Notwithstanding subsection 1, a person convicted of murder in the first degree in violation of section 707.2, and who was under the age of eighteen at the time the offense was committed shall receive either of the following sentences:
   (1)  Commitment to the director of the department of corrections for the rest of the defendant’s life with no possibility of parole unless the governor commutes the sentence to a term of years.
   (2)  Commitment to the custody of the director of the department of corrections for the rest of the defendant’s life with the possibility of parole after serving a minimum term of confinement of forty-five years. 
   b.
  (1)  The prosecuting attorney shall provide reasonable notice to the defendant, after conviction and prior to sentencing, of the state’s intention to seek a life sentence with no possibility of parole under paragraph “a”, subparagraph (1).
   (2)  In determining whether to impose a life sentence with no possibility of parole, the court shall consider all aggravating and mitigating circumstances including but not limited to the following:
   (a)  The impact of the offense on each victim, as defined in section 915.10, through the use of a victim impact statement, as defined in section 915.10, under any format permitted by section 915.13. The victim impact statement may include comment on the sentence of the defendant.
   (b)  The impact of the offense on the community.
   (c)  The threat to the safety of the public or any individual posed by the defendant.
   (d)  The degree of participation in the murder by the defendant.
   (e)  The nature of the offense.
   (f)  The severity of the offense, including any of the following:
   (i)  The murder’s commission while participating in another felony.
   (ii)  The number of victims.
   (iii)  The heinous, brutal, cruel manner of the murder, including whether the murder was the result of torture.
   (g)  The age-related characteristics of the defendant, including the following:
   (i)  The age of the defendant at the time of the commission of the offense.
   (ii)  The capacity of the defendant to appreciate the criminality of the conduct.
   (iii)  Whether the ability to conform the defendant’s conduct with the requirements of the law was substantially impaired.
   (iv)  The level of maturity of the defendant.
   (v)  The intellectual and mental capacity of the defendant.
   (vi)  The nature and extent of any prior juvenile or criminal history of the defendant, including the success or failure of previous attempts at rehabilitation.
   (vii)  The mental history of the defendant.
   (viii)  The family background and home environment of the defendant.
   (ix)  The level of compulsion, duress, or influence exerted upon the defendant, but not to such an extent as to constitute a defense.
   (x)  The likelihood that the defendant would benefit from rehabilitation in confinement.
   (xi)  The likelihood of the commission of further offenses by the defendant.
   (h)  Any other information considered relevant by the sentencing court. 
   (3)  The court may consider evidence presented at trial and additional evidence presented by the prosecution or defense at the sentencing hearing. The court shall specify on the record the aggravating or mitigating circumstances considered by the court and the reasons of the court supporting the sentence imposed.
   3.  Notwithstanding subsections 1 and 2, a person convicted of a class “A” felony, other than murder in the first degree in violation of section 707.2, and who was under the age of eighteen at the time the offense was committed shall be eligible for parole after serving a minimum term of confinement of twenty-five years.

   4.  If a person is paroled pursuant to subsection 2 or 3, the person shall be subject to the same set of procedures set out in chapters 901B, 905, 906, and 908, and rules adopted under those chapters for persons on parole. 
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  APPLICABILITY.  This Act applies to a person who was under the age of eighteen at the time murder in the first degree was committed, and who is convicted prior to, on, or after the effective date of this Act.
EXPLANATION
   This bill relates to the sentencing of a minor who commits murder in the first degree.
   Current law prohibits any person who commits murder in the first degree, including a minor, from being paroled unless the governor commutes the life sentence to a term of years.
   Under the bill, a person who commits murder in the first degree and who was under the age of 18 at the time the offense was committed may receive a life sentence with the possibility of parole after serving a minimum term of confinement of 45 years. 
   The bill also provides that a person who commits murder in the first degree and who was under the age of 18 at the time the offense was committed may also be sentenced to life in prison without the possibility of parole. The bill lists numerous aggravating and mitigating circumstances for the court to consider prior to sentencing a minor to life imprisonment with no possibility of parole. The bill requires the court to specify on the record the aggravating or mitigating circumstances considered by the court and the reasons for the sentence imposed.
   Current law and the bill provide that a person convicted of a class “A” felony, other than murder in the first degree, and who was under the age of 18 at the time the offense was committed shall be eligible for parole after serving a minimum term of confinement of 25 years.
   The bill takes effect upon enactment and applies to the conviction of a minor for first degree murder committed at any time.