House Study Bill 33 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the sentencing of minors convicted of 1 murder in the first degree and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1115YC (9) 85 jm/rj

H.F. _____ Section 1. Section 902.1, Code 2013, is amended to read as 1 follows: 2 902.1 Class “A” felony. 3 1. Upon a plea of guilty, a verdict of guilty, or a special 4 verdict upon which a judgment of conviction of a class “A” 5 felony may be rendered, the court shall enter a judgment of 6 conviction and shall commit the defendant into the custody of 7 the director of the Iowa department of corrections for the rest 8 of the defendant’s life. Nothing in the Iowa corrections code 9 pertaining to deferred judgment, deferred sentence, suspended 10 sentence, or reconsideration of sentence applies to a class “A” 11 felony, and a person convicted of a class “A” felony shall not 12 be released on parole unless the governor commutes the sentence 13 to a term of years. 14 2. a. Notwithstanding subsection 1, a person convicted of 15 a class “A” felony, and who was under the age of eighteen at 16 the time the offense was committed shall be eligible for parole 17 after serving a minimum term of confinement of twenty-five 18 years. 19 b. If a person is paroled pursuant to this subsection the 20 person shall be subject to the same set of procedures set out 21 in chapters 901B , 905 , 906 , and chapter 908 , and rules adopted 22 under those chapters for persons on parole. 23 c. b. A person convicted of murder in the first degree in 24 violation of section 707.2 shall not be eligible for parole 25 pursuant to this subsection. 26 3. a. Notwithstanding subsections 1 and 2, a person 27 convicted of murder in the first degree in violation of section 28 707.2 who was under the age of eighteen at the time the offense 29 was committed shall be eligible for parole after serving a 30 minimum term of confinement of sixty years, unless at the 31 time of sentencing the court finds substantial and compelling 32 reasons to impose a life sentence without the possibility of 33 parole. 34 b. If the court at the time of sentencing imposes a sentence 35 -1- LSB 1115YC (9) 85 jm/rj 1/ 3

H.F. _____ of life without the possibility of parole, the judge shall 1 state on the record at the time of sentencing the substantial 2 and compelling reasons justifying a life sentence without the 3 possibility of parole. In determining whether to impose a 4 sentence of life without the possibility of parole, the court 5 shall consider all mitigating and aggravating factors including 6 but not limited to the following: 7 (1) The age of the person and the level of maturity at the 8 time of the offense. 9 (2) The degree of participation in the offense by the 10 person. 11 (3) The nature of the offense. 12 (4) The severity of the offense. 13 (5) The prior juvenile or criminal record of the person. 14 (6) The likelihood of the person to commit further juvenile 15 or criminal offenses. 16 (7) Any other information considered relevant by the court. 17 4. If a person is paroled pursuant to subsection 2 or 3, the 18 person shall be subject to the same set of procedures set out 19 in chapters 901B, 905, 906, and 908, and rules adopted under 20 those chapters for persons on parole. 21 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 22 immediate importance, takes effect upon enactment. 23 Sec. 3. APPLICABILITY. This Act applies to a person who 24 was under the age of eighteen at the time the murder in the 25 first degree was committed and who is convicted prior to, on, 26 or after the effective date of this Act. 27 EXPLANATION 28 This bill relates to the sentencing of class “A” felons 29 convicted of murder in the first degree. 30 Under current law, a class “A” felon who was under the age of 31 18 at the time the offense was committed shall be eligible for 32 parole after serving a minimum term of confinement of 25 years 33 if the person committed a class “A” felony other than murder in 34 the first degree in violation of Code section 707.2. 35 -2- LSB 1115YC (9) 85 jm/rj 2/ 3

H.F. _____ Under the bill, a person convicted of murder in the first 1 degree in violation of Code section 707.2 who was under the age 2 of 18 at the time the offense was committed shall be eligible 3 for parole after serving a minimum term of confinement of 4 60 years, unless at the time of sentencing the court finds 5 “substantial and compelling reasons” to impose a life sentence 6 without the possibility of parole. The changes in the bill 7 are in response to the U.S. Supreme Court case of Miller v. 8 Alabama, 132 S.Ct. 2455 (2012). 9 Under the bill, the “substantial and compelling reasons” 10 to be considered by the court at the sentencing include the 11 following: the age of the person and the level of maturity at 12 the time of the offense; the degree of participation in the 13 offense by the person; the nature of the offense; the severity 14 of the offense; the prior juvenile or criminal record of the 15 person; the likelihood of the person to commit further juvenile 16 or criminal offenses; and any other information considered 17 relevant by the court. 18 The bill also takes effect upon enactment. 19 The bill applies to a person who commits murder in the first 20 degree while under the age of 18 and who is convicted prior to, 21 on, or after the effective date of the bill. 22 -3- LSB 1115YC (9) 85 jm/rj 3/ 3