House Study Bill 105 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) 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 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1324YC (5) 85 jm/rj

H.F. _____ Section 1. Section 902.1, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. a. Notwithstanding subsection 1, a person convicted 3 of a class “A” felony, other than murder in the first degree 4 in violation of section 707.2, and who was under the age 5 of eighteen at the time the offense was committed shall be 6 eligible for parole after serving a minimum term of confinement 7 of twenty-five years. 8 b. If a person is paroled pursuant to this subsection the 9 person shall be subject to the same set of procedures set out 10 in chapters 901B , 905 , 906 , and chapter 908 , and rules adopted 11 under those chapters for persons on parole. 12 c. A person convicted of murder in the first degree in 13 violation of section 707.2 shall not be eligible for parole 14 pursuant to this subsection. 15 Sec. 2. Section 902.1, Code 2013, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 3. a. Notwithstanding subsections 1 and 2, 18 a person convicted of murder in the first degree in violation 19 of section 707.2, and who was under the age of eighteen at the 20 time the offense was committed shall receive either of the 21 following sentences: 22 (1) Commitment to the director of the department of 23 corrections for the rest of the defendant’s life with no 24 possibility of parole unless the governor commutes the sentence 25 to a term of years. 26 (2) Commitment to the custody of the director of the 27 department of corrections for the rest of the defendant’s life 28 with the possibility of parole after serving a minimum term of 29 confinement of fifty years. 30 b. At the time of sentencing, evidence concerning the 31 victim and impact that the death of the victim had on the 32 victim’s family is admissible. Additionally, evidence may be 33 presented as to any other matter that the court deems relevant 34 and admissible on the question of the type of sentence to be 35 -1- LSB 1324YC (5) 85 jm/rj 1/ 6

H.F. _____ imposed at the sentencing hearing. Evidence shall include 1 matters relating to any of the aggravating or mitigating 2 circumstances specified in this paragraph “b” . The court shall 3 weigh the aggravating and mitigating circumstances in each case 4 when sentencing a person under this subsection. 5 (1) The aggravating circumstances shall include but are not 6 limited to the following: 7 (a) The victim was a peace officer as defined in section 8 801.4, corrections officer, or fire fighter, whether paid or 9 volunteer, who was performing official duties at the time the 10 act resulting in the death occurred and the act resulting in 11 the death was done with the knowledge that the person against 12 whom the act was committed was a peace officer, corrections 13 officer, or fire fighter. 14 (b) At the time of the murder, the person was serving 15 a term of confinement at a state institution, escaped or 16 was attempting to escape from lawful custody, or was on 17 unauthorized leave in or from a state institution or program 18 for the incarceration or treatment of a person adjudicated 19 delinquent or convicted of a crime. 20 (c) At the time of the murder, the person was in custody 21 in a county or municipal holding facility as a consequence of 22 having been adjudicated for an act which if committed by an 23 adult would be a felony or convicted of a felony. 24 (d) The person committed murder in exchange for money or 25 anything of value. 26 (e) The person solicited another person to commit murder and 27 paid or agreed to pay money or anything of value in exchange 28 for the other person to commit murder. 29 (f) The victim was a judicial officer as defined in section 30 602.1101, a grand or petit or prospective grand or petit juror, 31 a witness in a court proceeding, a county attorney or any other 32 prosecuting attorney including an assistant county attorney, a 33 defense attorney, a juvenile court officer, or a probation or 34 parole officer, and the murder was related to the exercise of 35 -2- LSB 1324YC (5) 85 jm/rj 2/ 6

H.F. _____ the official duties performed or to be performed by the victim. 1 (g) There was more than one victim and the murders were part 2 of a common scheme or plan or the result of a single act of the 3 person. 4 (h) The murder was committed in the course of, in the 5 furtherance of, or in immediate flight from one of the 6 following crimes: 7 (i) Kidnapping in the first degree in violation of section 8 710.2. 9 (ii) Robbery in the first degree in violation of section 10 711.2. 11 (iii) Arson in the first degree in violation of section 12 712.2. 13 (iv) Burglary in the first degree in violation section 14 713.3. 15 (v) Burglary in the second degree in violation of section 16 713.5. 17 (vi) Sexual assault as defined in section 915.40. 18 (i) A no contact or protective order was in force in 19 this state or another state at the time of the murder that 20 prohibited the person from contacting the victim, and the 21 person had knowledge of the existence of the order. 22 (j) The victim was being held for ransom or reward by the 23 person, or was being used as a shield or hostage. 24 (k) The victim was a prosecutorial witness to murder or 25 another felony committed by the person, and was murdered for 26 the purpose of preventing testimony against the person in a 27 grand jury or criminal proceeding involving the murder or other 28 felony. 29 (l) The person committed murder while participating in 30 another felony. 31 (m) The person has a juvenile or criminal record involving 32 the use or threat of violence. 33 (n) The victim was under twelve years of age. 34 (o) The victim was especially vulnerable due to age or 35 -3- LSB 1324YC (5) 85 jm/rj 3/ 6

H.F. _____ mental or physical infirmity. 1 (p) The murder was committed in an especially heinous, 2 brutal, cruel, or depraved manner, or was the result of 3 torture. 4 (q) The murder was random, predatory, or arbitrary in 5 nature. 6 (r) The murder involved multiple victims. 7 (s) The murder was the result of a drive-by shooting or 8 random shooting. 9 (t) The murder was committed for the purpose of avoiding or 10 preventing a lawful arrest or effecting an escape from lawful 11 custody. 12 (u) The murder was committed by a person in, or who has 13 escaped from, the lawful custody of a peace officer or a place 14 of lawful confinement. 15 (2) The mitigating circumstances shall include but are not 16 limited to the following: 17 (a) The person has no significant juvenile or criminal 18 record. 19 (b) The murder was committed while the defendant was under 20 the influence of extreme mental or emotional disturbance. 21 (c) The victim participated in or consented to the conduct 22 of the person. 23 (d) The person was an accomplice to the murder committed 24 by another person and the participation of the person was 25 relatively minor. 26 (e) The person acted under extreme duress or under the 27 substantial domination of another person. 28 (f) The capacity of the person to appreciate the criminality 29 of the conduct or to conform the person’s conduct to the 30 requirements of the law was substantially impaired. 31 NEW SUBSECTION . 4. If a person is paroled pursuant to 32 subsection 2 or 3, the person shall be subject to the same set 33 of procedures set out in chapters 901B, 905, 906, and 908, and 34 rules adopted under those chapters for persons on parole. 35 -4- LSB 1324YC (5) 85 jm/rj 4/ 6

H.F. _____ Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 EXPLANATION 3 This bill relates to the sentencing of a minor who commits 4 murder in the first degree. 5 The bill modifies the sentencing options for a minor who 6 commits murder in the first degree. 7 Under the bill, a person who commits murder in the first 8 degree and who was under the age of 18 at the time the offense 9 was committed may receive a life sentence with the possibility 10 of parole after serving a minimum term of confinement of 50 11 years. The bill also provides that a person who commits murder 12 in the first degree and who was under the age of 18 at the 13 time the offense was committed may also be sentenced to life 14 in prison without the possibility of parole. Current law 15 prohibits any person who commits murder in the first degree 16 from being paroled unless the governor commutes the life 17 sentence to a term of years. 18 The bill specifies that at the time of sentencing, evidence 19 is admissible concerning the victim and the impact that the 20 death of the victim had on the victim’s family. Additionally 21 under the bill, evidence may be presented as to any other 22 matter that the court deems relevant and admissible on the 23 question of the type of sentence to impose at the sentencing 24 hearing. 25 The bill lists numerous aggravating and mitigating 26 circumstances for the court to consider prior to sentencing. 27 The bill requires the court to weigh the aggravating and 28 mitigating circumstances in each case when sentencing a person 29 who was under the age of 18 at the time the murder in the first 30 degree was committed. 31 Current law provides that a person convicted of a class 32 “A” felony, other than murder in the first degree, and who 33 was under the age of 18 at the time the offense was committed 34 shall be eligible for parole after serving a minimum term of 35 -5- LSB 1324YC (5) 85 jm/rj 5/ 6

H.F. _____ confinement of 25 years. 1 The bill takes effect upon enactment. 2 -6- LSB 1324YC (5) 85 jm/rj 6/ 6