House File 612 - Introduced HOUSE FILE 612 BY HEARTSILL , SHAW , SALMON , SHEETS , FISHER , SCHULTZ , BRANDENBURG , ALONS , and WATTS (COMPANION TO SF 76 BY SORENSON) A BILL FOR An Act creating the penalty of death for the commission of 1 murder in the first degree, and the commission of either 2 kidnapping in the first degree or sexual abuse in the 3 first degree, or both, against the same minor who was 4 murdered, providing a penalty, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1415YH (3) 85 jm/rj

H.F. 612 Section 1. Section 13B.4, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6A. The state public defender shall perform 3 all of the following duties with respect to the appointment of 4 counsel for indigent persons in cases in which a sentence of 5 death may be or is to be imposed: 6 a. Provide or contract with attorneys for appointment as 7 lead counsel and cocounsel to provide legal services in cases 8 where a person is charged with murder in the first degree, and 9 with either kidnapping in the first degree or sexual abuse in 10 the first degree, or both, under section 902.15, and the state 11 has given notice of intent to seek the death penalty or in 12 cases in which a sentence of death is to be imposed. 13 b. Conduct or sponsor specialized training programs for 14 attorneys representing persons who may be executed. 15 Sec. 2. NEW SECTION . 602.10112 Qualifications of counsel 16 in death penalty cases. 17 The supreme court shall prescribe rules which establish 18 minimum standards and procedures by which attorneys may become 19 qualified to provide legal services as lead counsel in cases in 20 which a sentence of death may be or is to be imposed. 21 Sec. 3. NEW SECTION . 812A.1 Procedure to determine sanity 22 of condemned inmate. 23 1. At any time prior to execution of an inmate under section 24 902.1, if the director of the department of corrections or 25 the counsel for a person who is under a sentence of execution 26 has cause to believe that the inmate is suffering from such 27 a diseased or deranged condition of the mind as to prevent 28 the defendant from knowing the nature and quality of the act 29 the defendant has been convicted of, or from understanding 30 that trial on the offense has taken place and that execution 31 proceedings are about to take place, or to otherwise cause the 32 defendant to lack the capacity to understand the sentence which 33 has been imposed and to participate in any legal proceedings 34 relating to the sentence, the director or counsel may file a 35 -1- LSB 1415YH (3) 85 jm/rj 1/ 23

H.F. 612 request with the court that issued the warrant for execution 1 for a determination of the inmate’s sanity. If the district 2 court determines that there is not sufficient reason to believe 3 that the inmate is insane, the court shall enter an order 4 denying the request and shall state the grounds for denying the 5 request. If the court believes that there is sufficient reason 6 to believe that the inmate is insane, the court shall suspend 7 the execution and conduct a hearing to determine the sanity of 8 the inmate. 9 2. At the hearing, the court shall determine the issue of 10 the inmate’s sanity. Prior to the hearing, the court shall 11 appoint two licensed physicians or licensed psychologists, or 12 one licensed physician and one licensed psychologist, who are 13 qualified by training and practice, for purposes of conducting 14 a psychiatric or psychological examination of the inmate. The 15 physicians or psychologists shall examine the inmate and report 16 any findings in writing to the court within ten days after 17 the order of examination is issued. The inmate shall have 18 the right to present evidence and cross-examine any witnesses 19 at the hearing. Any statement made by the inmate during the 20 course of any examination provided for in this section, whether 21 or not the inmate consents to the examination, shall not be 22 admitted into evidence against the inmate in any criminal 23 proceeding for purposes other than a determination of the 24 inmate’s sanity. 25 3. If, at the conclusion of a hearing held pursuant to 26 this section, the court determines that the inmate is sane, 27 the court shall enter an order setting a date for the inmate’s 28 execution, which shall be carried into effect in the same 29 manner as provided in the original sentence. A copy of the 30 order shall be sent to the director of the department of 31 corrections and the governor. 32 4. If, at the conclusion of a hearing held pursuant to this 33 section, the court determines that the inmate is insane, the 34 court shall suspend the execution until further order. At any 35 -2- LSB 1415YH (3) 85 jm/rj 2/ 23

H.F. 612 time after issuance of the order, if the court has sufficient 1 reason to believe that the inmate has become sane, the court 2 shall again determine the sanity of the inmate as provided 3 by this section. Proceedings pursuant to this section may 4 continue to be held at such times as the court orders until 5 it is either determined that the inmate is sane or incurably 6 insane. 7 Sec. 4. NEW SECTION . 814.28 Review of death sentence. 8 1. In a case in which a sentence of death is imposed, the 9 supreme court shall automatically review the judgment and 10 sentence. The court’s review of the case shall be de novo. The 11 case shall not be transferred to the court of appeals. 12 2. A review by the supreme court of a judgment and sentence 13 imposing the punishment of death has priority over all other 14 criminal and other actions pending before the supreme court. 15 3. The supreme court shall review the trial and judgment, 16 and shall separately review the sentencing proceeding. Upon 17 determining that errors did not occur at the trial requiring 18 reversal or modification of the judgment, the supreme court 19 shall proceed to determine if the sentence of death is lawfully 20 imposed. In its review of the sentencing proceeding the 21 supreme court shall determine all of the following: 22 a. Whether the sentence of death was imposed capriciously or 23 under the influence of prejudice or other arbitrary factor. 24 b. Whether the special verdicts returned under section 25 901.11 are supported by the evidence. 26 c. Whether the sentence of death is excessive or 27 disproportionate to the penalty imposed in similar cases, 28 considering both the crime and the defendant. 29 4. If the supreme court determines that the sentence of 30 death was not lawfully imposed, the court shall set aside the 31 sentence and shall remand the case to the trial court for a 32 second sentencing proceeding to determine if the imposition of 33 death is warranted. 34 5. If the supreme court affirms the judgment and sentence 35 -3- LSB 1415YH (3) 85 jm/rj 3/ 23

H.F. 612 of death, the clerk of the supreme court shall certify the 1 judgment of the supreme court under the seal of the court to 2 the clerk of the trial court. 3 Sec. 5. Section 815.10, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 1A. If two attorneys have not already 6 been appointed pursuant to section 13B.4 or 13B.9, the court 7 shall appoint, for each indigent person who is charged with 8 murder, and with either kidnapping or sexual abuse, or both, 9 under section 902.15, and in which a notice of intent to 10 seek the death penalty has been filed, two attorneys who are 11 qualified under section 602.10112 to represent the person in 12 the proceedings and in all state legal proceedings which take 13 place from the time the person is indicted or arraigned until 14 the person is sentenced on the charge. In addition, if at 15 any point in federal postconviction proceedings an indigent 16 person is not afforded court-appointed counsel, the state shall 17 provide counsel to the person to present any claims determined 18 meritorious by the federal court if the person is not otherwise 19 represented by legal counsel. Only private attorneys and 20 public defenders who are qualified to provide representation in 21 cases in which the death penalty may be imposed are eligible 22 for appointment or assignment to a case in which the death 23 penalty may be imposed. 24 Sec. 6. NEW SECTION . 901.11 Murder proceedings —— request 25 for death penalty —— penalty proceedings. 26 1. 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 -4- LSB 1415YH (3) 85 jm/rj 4/ 23

H.F. 612 defendant to prove intellectual disability or mental illness 1 by a preponderance of the evidence. However, a rebuttable 2 presumption of intellectual disability arises if a defendant 3 has an intelligence quotient of seventy or below. If the 4 court finds that the defendant is intellectually disabled, the 5 defendant, if convicted of murder, and of either kidnapping 6 or sexual abuse, or both, under section 902.15, shall not be 7 sentenced to death but shall be sentenced to life imprisonment 8 in the manner provided in section 902.1, subsection 1. A 9 finding by the court that the evidence presented by the 10 defendant at the hearing does not preclude the imposition of 11 the death penalty under this section and section 902.15 shall 12 not preclude the introduction of evidence of intellectual 13 disability or mental illness during the penalty proceeding. 14 If the court finds that evidence of intellectual disability 15 or mental illness does not preclude imposition of the death 16 penalty, evidence of intellectual disability or mental illness 17 may be reviewed by the jury in the penalty proceeding and 18 the jury shall not be informed of the finding in the initial 19 proceeding at any time during the penalty proceeding. 20 2. If at the trial on a charge of murder, and of either 21 kidnapping or sexual abuse, or both, under section 902.15, the 22 state intends to request that the death penalty be imposed 23 under section 902.1, subsection 3, the prosecutor shall file a 24 notice of intent to seek the death penalty, at the time of and 25 as part of the information or indictment filed in the case. 26 3. If a notice of intent to seek the death penalty has been 27 filed, the trial shall be conducted in bifurcated proceedings 28 before the same trier of fact. During the initial proceeding, 29 the jury, or the court, if the defendant waives the right to a 30 jury trial, shall decide only whether the defendant is guilty 31 or not guilty of murder, and of either kidnapping or sexual 32 abuse, or both, under section 902.15. 33 a. If, in the initial proceeding, the court or jury finds 34 the defendant guilty of, or the defendant pleads guilty to, 35 -5- LSB 1415YH (3) 85 jm/rj 5/ 23

H.F. 612 an offense other than murder, and kidnapping or sexual abuse, 1 or both, under section 902.15, the court shall sentence the 2 defendant in accordance with the sentencing procedures set 3 forth in rule of criminal procedure 2.23, Iowa court rules, and 4 chapters 901 through 909, which are applicable to the offense. 5 b. If the court or jury finds the defendant guilty of, or 6 the defendant pleads guilty to, murder, and either kidnapping 7 or sexual abuse, or both, under section 902.15, but the 8 prosecuting attorney waives the death penalty, the court shall 9 sentence the defendant to life imprisonment in accordance 10 with the sentencing procedures set forth in rule of criminal 11 procedure 2.23, Iowa court rules, and chapters 901 through 909, 12 which are otherwise applicable to convictions of murder in the 13 first degree, kidnapping in the first degree, or sexual abuse 14 in the first degree. 15 c. If the court or jury finds the defendant guilty of 16 murder, and either kidnapping or sexual abuse, or both under 17 section 902.15, or a defendant enters a plea of guilty in the 18 initial proceeding, and the prosecuting attorney does not waive 19 imposition of the death penalty, a penalty proceeding shall be 20 held in the manner provided in subsections 4 through 12. 21 4. No sooner than twenty-four hours after a verdict of 22 guilty or a plea of guilty to the charge of murder, and either 23 kidnapping or sexual abuse, or both, under section 902.15 is 24 returned in the initial proceeding, a penalty proceeding shall 25 be held to determine whether the defendant shall be sentenced 26 to death or to life imprisonment. The proceeding shall be 27 conducted in the trial court before the trial jury, or before 28 the court if the defendant has waived the right to a jury trial 29 or has waived the right for the proceeding to be before the 30 trial jury. Both the state and the defendant shall have the 31 right to present opening statements at the commencement of 32 the proceeding. In the proceeding, evidence relevant to the 33 existence of any aggravating or mitigating circumstances may 34 be presented as follows: 35 -6- LSB 1415YH (3) 85 jm/rj 6/ 23

H.F. 612 a. The state or the defendant may present evidence relevant 1 to the conviction of the criminal offenses enumerated in 2 section 902.15 and any aggravating circumstances other than 3 juvenile delinquency adjudications for offenses which carry 4 penalties equivalent to the penalties imposed for simple or 5 serious misdemeanors. The state may introduce evidence of the 6 actual harm caused by the commission of the murder, and either 7 the kidnapping or sexual abuse, or both, under section 902.15, 8 including but not limited to evidence relating to the life of 9 the victim and the impact of the loss of the victim to the 10 victim’s family and society. 11 b. The defendant may present evidence that the defendant 12 was intellectually disabled at the time of the commission of 13 the offense. The burden of proof shall be on the defendant 14 to prove an intellectual disability by a preponderance of the 15 evidence. However, a rebuttable presumption of intellectual 16 disability arises if a defendant has an intelligence quotient 17 of seventy or below. 18 c. The state or the defendant may present evidence relevant 19 to any mitigating circumstances which may exist. Mitigating 20 circumstances may include the following circumstances: 21 (1) The defendant was under the influence of an extreme 22 mental or emotional disturbance insufficient to constitute a 23 defense. 24 (2) The age of the defendant at the time of the murder. 25 (3) The defendant’s capacity to appreciate the wrongfulness 26 of the defendant’s conduct and to conform that conduct to the 27 requirements of law was significantly impaired as a result of a 28 mental disease or defect or intellectual disability, but not to 29 a degree sufficient to constitute a defense. 30 (4) The defendant has no significant history of prior adult 31 criminal activity. 32 (5) The defendant acted under extreme duress or under the 33 substantial domination of another person. 34 (6) The defendant did not directly commit the murder, 35 -7- LSB 1415YH (3) 85 jm/rj 7/ 23

H.F. 612 and either the kidnapping or sexual abuse, or both, and the 1 defendant did not intend to kill or anticipate that lethal 2 force would be used. 3 (7) Any other factor which is relevant to the defendant’s 4 character or record or to the circumstances of the offense. 5 d. The state and the defendant or the defendant’s counsel 6 shall be permitted to present and cross-examine witnesses and 7 present arguments for or against a sentence of death. Evidence 8 regarding aggravating and mitigating circumstances shall not 9 be governed by the rules governing admissibility of evidence, 10 except that introduction of evidence secured in violation of 11 the Constitution of the United States or of the Constitution of 12 the State of Iowa shall not be permitted. 13 5. At the conclusion of presentation of evidence in 14 the penalty proceeding, the state and the defendant or the 15 defendant’s counsel shall be permitted to make closing 16 arguments, including any rebuttal arguments, in the same manner 17 as in the initial proceeding and the following issues shall be 18 determined by the jury or the court, if there is no jury: 19 a. Whether the aggravating circumstance or circumstances 20 have been established beyond a reasonable doubt and outweigh 21 any one or more mitigating circumstances. 22 b. Whether the defendant shall be sentenced to death. 23 6. A recommendation for a sentence of death shall not be 24 permitted if the recommendation is based on the race, color, 25 religious beliefs, national origin, or sex of the defendant 26 or of any victim. After submission of the issues, but prior 27 to the return of a finding in the penalty proceeding, if 28 the matter is tried before a jury, the court shall instruct 29 the jury that in considering whether a sentence of death 30 is justified, it shall not consider race, color, religious 31 beliefs, national origin, or sex of the defendant or of any 32 victim. The court shall further instruct the jury that it 33 shall not return a sentence of death unless it concludes 34 that such a sentence would be recommended no matter what the 35 -8- LSB 1415YH (3) 85 jm/rj 8/ 23

H.F. 612 race, color, religious beliefs, national origin, or sex of the 1 defendant or of any victim may be. 2 7. After submission of the issues, but prior to the 3 commencement of the jury deliberations in the penalty 4 proceeding, the court shall instruct the jury that if the 5 defendant is not sentenced to death, the court is required by 6 law to impose a sentence of imprisonment until death without 7 parole. The court shall further instruct the jury that 8 the sentence of imprisonment until death without parole is 9 required by law if the jury fails to reach a unanimous verdict 10 recommending a sentence of death. 11 8. Concurrently with the return of the findings on the 12 issues submitted under subsection 5, the jury, or the court if 13 there is no jury, shall return special verdicts as follows: 14 a. Which aggravating circumstances were established beyond a 15 reasonable doubt and were considered in reaching the verdict. 16 b. Which mitigating circumstances were established and 17 were considered in reaching the verdict returned on the issue 18 specified in subsection 5, paragraph “a” . 19 9. If the jury, or the court if there is no jury, returns a 20 unanimous affirmative finding on each of the issues submitted 21 under subsection 5, paragraphs “a” and “b” , the court shall 22 enter a judgment of conviction and shall sentence the defendant 23 to death as provided in section 902.1, subsection 3. 24 10. However, if evidence that the defendant was not a major 25 participant in the commission of the murder, and either the 26 kidnapping or sexual abuse, or both, under section 902.15, 27 and that the defendant’s conduct did not manifest a reckless 28 indifference to human life is presented to the jury, or the 29 court if there is no jury, the jury or the court shall also 30 return a special verdict on the issue. If the jury unanimously 31 determines, or the court, if there is no jury, finds that a 32 preponderance of evidence exists that shows that the defendant 33 was not a major participant in the commission of the murder, 34 and either the kidnapping or sexual abuse, or both, under 35 -9- LSB 1415YH (3) 85 jm/rj 9/ 23

H.F. 612 section 902.15, and that the defendant’s conduct did not 1 manifest a reckless indifference to human life, the court shall 2 enter a judgment of conviction and shall sentence the defendant 3 to life imprisonment as provided in section 902.1, subsection 4 1, even if the jury or the court returns unanimous affirmative 5 findings on each of the issues submitted under subsection 5. 6 11. If the jury, or the court if there is no jury, returns 7 a negative finding on any of the issues submitted under 8 subsection 5, paragraphs “a” or “b” , the court shall enter a 9 judgment of conviction and shall sentence the defendant to life 10 imprisonment as provided in section 902.1, subsection 1. 11 12. After a verdict has been rendered it shall be recorded 12 on the jury verdict form and shall be read and recorded in open 13 court. The jurors shall be collectively asked by the court 14 whether the verdict returned is their true and correct verdict. 15 Even though no juror makes any declaration to the contrary, the 16 jury shall, if either party so requests, be polled and each 17 juror shall be separately asked whether the verdict rendered by 18 the jury foreperson is the juror’s true and correct verdict. 19 If, upon either the collective or the separate inquiry, any 20 juror denies that the verdict is the juror’s verdict, the court 21 shall refuse to accept the verdict. The court may direct 22 inquiry or permit inquiry by counsel to ascertain whether any 23 juror has been subjected to coercion or has become confused 24 during the jury deliberation process. The court may, as 25 appropriate, direct the jury to resume deliberation in the 26 case. If no disagreement on the verdict is expressed by any of 27 the jurors, the court shall discharge the jury. 28 13. This section shall not apply to a defendant who 29 was under the age of eighteen at the time the offense was 30 committed. 31 Sec. 7. Section 902.1, subsection 1, Code 2013, is amended 32 to read as follows: 33 1. Upon Except as otherwise provided in subsection 2 or 34 3, upon a plea of guilty, a verdict of guilty, or a special 35 -10- LSB 1415YH (3) 85 jm/rj 10/ 23

H.F. 612 verdict upon which a judgment of conviction of a class “A” 1 felony may be rendered, the court shall enter a judgment of 2 conviction and shall commit the defendant into the custody of 3 the director of the Iowa department of corrections for the 4 rest of the defendant’s life. Nothing in the Iowa corrections 5 code pertaining to deferred judgment, deferred sentence, 6 suspended sentence, or reconsideration of sentence applies 7 to a sentence of life imprisonment for a class “A” felony, 8 and a person convicted of a class “A” felony and sentenced to 9 life imprisonment shall not be released on parole unless the 10 governor commutes the sentence to a term of years. 11 Sec. 8. Section 902.1, Code 2013, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3. Notwithstanding subsection 1, upon 14 return of a plea or verdict of guilty to the offense of murder 15 in the first degree, and either kidnapping in the first degree 16 or sexual abuse in the first degree, or both, under section 17 902.15, and a return of a verdict in favor of a sentence of 18 death in a penalty proceeding conducted as provided in section 19 901.11, the court shall enter a judgment of conviction and 20 shall commit the defendant into the custody of the director 21 of the Iowa department of corrections. The sentence shall 22 be carried out by the administration of a lethal injection 23 pursuant to rules adopted by the board of corrections. If 24 a defendant, for whom a warrant of execution is issued, is 25 pregnant, the execution shall not take place until after the 26 defendant is no longer pregnant. If a defendant, for whom 27 a warrant of execution is issued, is suffering from such a 28 diseased or deranged condition of the mind as to prevent the 29 defendant from knowing the nature and quality of the act 30 the defendant has been convicted of, or from understanding 31 that trial on the offense has taken place and that execution 32 proceedings are about to take place, or otherwise causes the 33 defendant to lack the capacity to understand the sentence which 34 has been imposed and to participate in any legal proceedings 35 -11- LSB 1415YH (3) 85 jm/rj 11/ 23

H.F. 612 relating to the sentence, the execution shall not take place 1 until after the defendant’s capacity is restored. If the 2 director of the department of corrections or the defendant’s 3 counsel files a request with the court which issued the warrant 4 of execution, alleging that the defendant suffers from such 5 a diseased or deranged condition, a hearing on the matter 6 shall be held in the manner provided in section 812A.1. If a 7 defendant was under the age of eighteen at the time the offense 8 was committed, the defendant shall be sentenced as provided 9 in subsection 1. For the purposes of this section, “lethal 10 injection” means a continuous intravenous injection of a lethal 11 substance sufficient to cause death. 12 Sec. 9. NEW SECTION . 902.15 Commission of first degree 13 murder, and first degree kidnapping or first degree sexual abuse. 14 A person who commits murder in the first degree in violation 15 of section 707.2, and either kidnapping in the first degree in 16 violation of section 710.2 or sexual abuse in the first degree 17 in violation of section 709.2, or both, with respect to the 18 same victim, who is not intellectually disabled or mentally 19 ill, and who is age eighteen or older at the time the offense 20 is committed, shall be eligible for a sentence of death under 21 section 902.1, subsection 3, if the victim was a minor. 22 For purposes of this section, “intellectually disabled” 23 means significant subaverage general intellectual functioning 24 accompanied by significant deficits or impairments in adaptive 25 functioning manifested in the developmental period, but no 26 later than the age of eighteen years, and accompanied by 27 deficits in adaptive behavior. 28 For purposes of this section, “mentally ill” means the 29 condition of a person who is suffering from a chronic and 30 persistent serious mental disease or disorder and who, by 31 reason of that condition, lacks sufficient judgment to make 32 responsible decisions regarding treatment and is reasonably 33 likely to injure the person’s self or others who may come into 34 contact with the person if the person is allowed to remain at 35 -12- LSB 1415YH (3) 85 jm/rj 12/ 23

H.F. 612 liberty without treatment. 1 Sec. 10. NEW SECTION . 902.16 Data collection for death 2 penalty. 3 1. The supreme court shall collect data on all murder 4 charges accompanied by either kidnapping or sexual abuse 5 charges in which the death penalty is or was not waived, which 6 are filed and processed in the courts in this state. This data 7 may be used by the supreme court to determine whether death 8 sentences imposed are excessive or disproportionate, or under 9 the influence of prejudice as a result of racial discrimination 10 under section 814.28. The court shall make this data available 11 to litigants in death penalty cases. 12 2. Data collected by public officials concerning factors 13 relevant to the imposition of the death sentence shall be made 14 publicly available. 15 Sec. 11. NEW SECTION . 903C.1 Executions —— refusal to 16 perform. 17 An employee of the state who may lawfully perform, assist, or 18 participate in the execution of a person pursuant to section 19 902.1, and rules adopted by the department of corrections, 20 shall not be required to perform, assist, or participate in 21 the execution. State employees who refuse to perform, assist, 22 or participate in the execution of a person shall not be 23 discriminated against in any way, including but not limited 24 to employment, promotion, advancement, transfer, licensing, 25 education, training, or the granting of any privileges or 26 appointments because of the refusal to perform, assist, or 27 participate in the execution. 28 Sec. 12. Section 904.105, Code 2013, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 9A. Adopt rules pursuant to chapter 17A 31 pertaining to executions of persons convicted of murder, and 32 kidnapping or sexual abuse, or both, under section 902.15. 33 Rules adopted shall include but are not limited to rules 34 permitting the witnessing of executions by members of the 35 -13- LSB 1415YH (3) 85 jm/rj 13/ 23

H.F. 612 public and the victim’s family. Invitations to witness 1 an execution shall at least be extended to the following 2 representatives of the news media: 3 a. A representative from a wire service serving Iowa. 4 b. A representative from a broadcasting network serving 5 Iowa. 6 c. A representative from a television station located in 7 Iowa. 8 d. A representative from a radio station located in Iowa. 9 e. A representative from a daily newspaper published in 10 Iowa. 11 f. A representative from a weekly newspaper published in 12 Iowa. 13 g. A representative from the news media from the community 14 in which the condemned person resided, if that community is 15 located in Iowa. 16 Sec. 13. RULES OF CRIMINAL PROCEDURE AMENDED. Rules of 17 criminal procedure, Iowa court rules, are amended by adding the 18 following four sections of this Act. 19 Sec. 14. Rule 2.___ Death penalty —— procedure. 20 2.___(1) If a notice of intent to seek the death penalty has 21 been filed, objections to the imposition of the death penalty 22 based upon allegations that a defendant was intellectually 23 disabled at the time of the commission of the offense shall 24 be raised within the time provided for the filing of pretrial 25 motions under R.Cr.P. 2.11, Iowa court rules. The court 26 may, for good cause shown, allow late filing of the motion. 27 Hearing on the motion shall be held prior to trial and the 28 burden of proof shall be on the defendant to prove intellectual 29 disability by a preponderance of the evidence. However, a 30 rebuttable presumption of intellectual disability arises if a 31 defendant has an intelligence quotient of seventy or below. 32 A finding of the court that the evidence presented by the 33 defendant at the hearing does not preclude the imposition of 34 the death penalty under this rule and Iowa Code section 902.15 35 -14- LSB 1415YH (3) 85 jm/rj 14/ 23

H.F. 612 shall not preclude the introduction of evidence of intellectual 1 disability during the penalty proceeding. If the court finds 2 that the evidence presented by the defendant does not preclude 3 the imposition of the death penalty, evidence of intellectual 4 disability may be reviewed by the jury during the penalty 5 proceeding and the jury shall not be informed of the finding 6 in the initial proceeding at any time during the penalty 7 proceeding. 8 2.___(2) Upon a finding or plea that a defendant is guilty 9 of murder, and either kidnapping or sexual abuse, or both, 10 under Iowa Code section 902.15, in an initial proceeding, if 11 a notice of intent to seek the death penalty has been filed 12 and has not been waived, the court shall conduct a separate 13 penalty proceeding to determine whether the defendant shall 14 be sentenced to death or to life imprisonment. The penalty 15 proceeding shall be conducted in the trial court before the 16 trial jury, or the court, if there is no jury, no sooner than 17 twenty-four hours after the return of the verdict or plea in 18 the initial proceeding. In the penalty proceeding, additional 19 evidence may be presented as to the conviction for murder, 20 and either kidnapping or sexual abuse, or both, under section 21 902.15, or any aggravating or mitigating circumstance which 22 may exist. Presentation of evidence which is relevant to the 23 existence of an aggravating or mitigating circumstance shall 24 not be bound by the rules of evidence. This subsection does 25 not authorize the introduction of any evidence secured in 26 violation of the Constitution of the United States or of the 27 Constitution of the State of Iowa. The state and the defendant 28 or the defendant’s counsel shall be permitted to cross-examine 29 witnesses and to present arguments for or against a sentence of 30 death. 31 2.___(3) On conclusion of the presentation of the evidence 32 in the penalty proceeding, the state and the defendant or 33 the defendant’s counsel shall be permitted to make closing 34 arguments, including any rebuttal arguments, in the same manner 35 -15- LSB 1415YH (3) 85 jm/rj 15/ 23

H.F. 612 as in the initial proceeding and the court shall submit each of 1 the following issues to the jury: 2 a. Whether one or more aggravating circumstances outweigh 3 any one or more mitigating circumstances. 4 b. Whether the defendant shall be sentenced to death. 5 If the case is not tried to a jury, the court shall determine 6 the issues. 7 2.___(4) The state must prove the issue in rule 2.___(3)(a) 8 beyond a reasonable doubt, and the jury, or the court if there 9 is no jury, shall return a special verdict of “yes” or “no” on 10 each issue. 11 2.___(5) If the case is tried to a jury, the court shall 12 charge the jury that: 13 a. It shall answer any issue “yes” if it agrees unanimously. 14 b. It shall answer any issue “no” if the jurors unanimously 15 agree that the answer is “no” or if the jurors do not 16 unanimously agree that the answer is “yes”. 17 2.___(6) Concurrently with the return of the special 18 verdicts under rule 2.___(3), the jury, or the court if there 19 is no jury, shall also return special verdicts as follows: 20 a. Which aggravating circumstances were established beyond 21 a reasonable doubt and were considered in reaching the verdict 22 returned on the issue specified in rule 2.___(3)(a). 23 b. Which mitigating circumstances were established and 24 were considered in reaching the verdict returned on the issue 25 specified in rule 2.___(3)(a). 26 2.___(7) If the jury, or the court if there is no jury, 27 returns an affirmative finding on all applicable issues, the 28 court shall sentence the defendant to death. If the jury or 29 the court returns a negative finding on any applicable issue, 30 the court shall sentence the defendant to the custody of the 31 director of the department of corrections for confinement for 32 the rest of the defendant’s life. 33 2.___(8) After a verdict has been rendered it shall be 34 recorded on the jury verdict form and shall be read and 35 -16- LSB 1415YH (3) 85 jm/rj 16/ 23

H.F. 612 recorded in open court. The jurors shall be collectively asked 1 by the court whether the verdict returned is their true and 2 correct verdict. Even though no juror makes any declaration 3 to the contrary, the jury shall, if either party so requests, 4 be polled and each juror shall be separately asked whether the 5 verdict rendered by the jury foreperson is the juror’s true 6 and correct verdict. If, upon either the collective or the 7 separate inquiry, any juror denies that the verdict is the 8 juror’s verdict, the court shall refuse to accept the verdict. 9 The court may direct inquiry or permit inquiry by counsel to 10 ascertain whether any juror has been subjected to coercion 11 or has become confused during the jury deliberation process. 12 The court may, as appropriate, direct the jury to resume 13 deliberation in the case. If no disagreement on the verdict 14 is expressed by any of the jurors, the court shall discharge 15 the jury. 16 2.___(9) Provisions relating to deferred judgment, deferred 17 sentence, suspended sentence, reconsideration of sentence, 18 probation, parole, or work release contained in Iowa Code 19 chapters 901 through 909 do not apply to a conviction of 20 murder, and either kidnapping or sexual abuse, or both, under 21 Iowa Code section 902.15 if the defendant is sentenced to 22 death. 23 Sec. 15. Rule 2.___ Automatic review —— stay of execution 24 of judgment. 25 2.___(1) A judgment of conviction and sentence of death 26 shall be reviewed automatically in the manner provided in Iowa 27 Code section 814.28, and the Iowa supreme court has exclusive 28 jurisdiction of the review. 29 2.___(2) Upon entry of judgment and sentence of death, the 30 trial court shall prepare a complete record and transcript of 31 the action in the manner provided in the rules of criminal 32 procedure and shall docket the record and transcript with the 33 clerk of the supreme court. 34 2.___(3) The execution of judgment of the trial court is 35 -17- LSB 1415YH (3) 85 jm/rj 17/ 23

H.F. 612 stayed as a matter of law from the time of its entry until 1 the judgment of the supreme court is certified to and entered 2 by the trial court. Upon entry of a judgment of the supreme 3 court which affirms the conviction and sentence, the stay of 4 execution of judgment terminates as a matter of law. 5 2.___(4) All court costs required due to the automatic 6 preparation of the record and transcript, docketing with the 7 supreme court, and stay of execution of judgment shall be 8 assessed to the state. 9 Sec. 16. Rule 2.___ Issuance of warrant. 10 2.___(1) Upon entry by the trial court of the judgment of 11 the supreme court affirming a judgment and sentence of death, 12 a district judge shall within five days of the entry issue 13 a warrant under the seal of the court for the execution of 14 the sentence of death. The warrant shall specifically set 15 forth the offense and the fact of conviction, shall state 16 the judgment and sentence of the court, shall state that the 17 judgment and sentence were affirmed by the supreme court and 18 the date of entry of judgment of the supreme court in the 19 trial court, and shall, subject to the requirements of Iowa 20 Code section 902.1, subsection 3, specify a range of five days 21 for execution of the defendant which shall be not less than 22 fifty nor more than sixty days after the date of entry in the 23 trial court of the judgment of the supreme court affirming the 24 judgment and sentence of death. The warrant shall be directed 25 to the director of the department of corrections commanding 26 the director to cause the warrant to be executed within the 27 dates specified. The trial court shall deliver the warrant 28 to the sheriff of the county in which judgment of conviction 29 was entered and the sheriff shall deliver the warrant to the 30 director of the department of corrections. The director of 31 the department of corrections shall acknowledge receipt of the 32 warrant and the defendant, and the sheriff shall return the 33 acknowledgment to the office of the clerk of the trial court 34 from which the warrant was issued. 35 -18- LSB 1415YH (3) 85 jm/rj 18/ 23