S.F. _____ Section 1. Section 902.1, subsection 2, Code 2015, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 2. a. Notwithstanding subsection 1, a defendant convicted 4 of murder in the first degree in violation of section 707.2, 5 and who was under the age of eighteen at the time the offense 6 was committed shall receive one the following sentences: 7 (1) Commitment to the director of the department of 8 corrections for the rest of the defendant’s life with no 9 possibility of parole unless the governor commutes the sentence 10 to a term of years. 11 (2) Commitment to the custody of the director of the 12 department of corrections for the rest of the defendant’s life 13 with the possibility of parole after serving a minimum term of 14 confinement of thirty-five years. 15 (3) Commitment to the custody of the director of the 16 department of corrections for the rest of the defendant’s life 17 with the possibility of parole. 18 b. (1) The prosecuting attorney shall provide reasonable 19 notice to the defendant, after conviction and prior to 20 sentencing, of the state’s intention to seek a life sentence 21 with no possibility of parole under paragraph “a” , subparagraph 22 (1). 23 (2) In determining which sentence to impose, the court shall 24 consider all circumstances including but not limited to the 25 following: 26 (a) The impact of the offense on each victim, as defined in 27 section 915.10, through the use of a victim impact statement, 28 as defined in section 915.10, under any format permitted by 29 section 915.13. The victim impact statement may include 30 comment on the sentence of the defendant. 31 (b) The impact of the offense on the community. 32 (c) The threat to the safety of the public or any individual 33 posed by the defendant. 34 (d) The degree of participation in the murder by the 35 -1- LSB 2259XC (3) 86 jm/rj 1/ 7

S.F. _____ defendant. 1 (e) The nature of the offense. 2 (f) The defendant’s remorse. 3 (g) The defendant’s acceptance of responsibility. 4 (h) The severity of the offense, including any of the 5 following: 6 (i) The commission of the murder while participating in 7 another felony. 8 (ii) The number of victims. 9 (iii) The heinous, brutal, cruel manner of the murder, 10 including whether the murder was the result of torture. 11 (i) The capacity of the defendant to appreciate the 12 criminality of the conduct. 13 (j) Whether the ability to conform the defendant’s conduct 14 with the requirements of the law was substantially impaired. 15 (k) The level of maturity of the defendant. 16 (l) The intellectual and mental capacity of the defendant. 17 (m) The nature and extent of any prior juvenile delinquency 18 or criminal history of the defendant, including the success or 19 failure of previous attempts at rehabilitation. 20 (n) The mental health history of the defendant. 21 (o) The level of compulsion, duress, or influence exerted 22 upon the defendant, but not to such an extent as to constitute 23 a defense. 24 (p) The likelihood of the commission of further offenses by 25 the defendant. 26 (q) The chronological age of the defendant and the features 27 of youth, including immaturity, impetuosity, and failure to 28 appreciate risks and consequences. 29 (r) The family and home environment that surrounded the 30 defendant. 31 (s) The circumstances of the murder including the extent 32 of the defendant’s participation in the conduct and the way 33 familial and peer pressure may have affected the defendant. 34 (t) The competencies associated with youth, including but 35 -2- LSB 2259XC (3) 86 jm/rj 2/ 7

S.F. _____ not limited to the defendant’s inability to deal with peace 1 officers or the prosecution or the defendant’s incapacity to 2 assist the defendant’s attorney in the defendant’s defense. 3 (u) The possibility of rehabilitation. 4 (v) Any other information considered relevant by the 5 sentencing court. 6 Sec. 2. Section 902.1, Code 2015, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 3. a. Notwithstanding subsections 1 and 2, 9 a defendant convicted of a class “A” felony, other than murder 10 in the first degree in violation of section 707.2, and who was 11 under the age of eighteen at the time the offense was committed 12 shall receive one of the following sentences: 13 (1) Commitment to the director of the department of 14 corrections for the rest of the defendant’s life with 15 the possibility of parole after serving a minimum term of 16 confinement of twenty-five years. 17 (2) Commitment to the custody of the director of the 18 department of corrections for the rest of the defendant’s life 19 with the possibility of parole after serving a minimum term of 20 confinement as determined by the court. 21 (3) Commitment to the custody of the director of the 22 department of corrections for the rest of the defendant’s life 23 with the possibility of parole. 24 b. (1) The prosecuting attorney shall provide reasonable 25 notice to the defendant, after conviction and prior to 26 sentencing, of the state’s intention to seek a life sentence 27 with a mandatory minimum term of confinement of twenty-five 28 years under paragraph “a” , subparagraph (1). 29 (2) In determining which sentence to impose, the court shall 30 consider all circumstances including but not limited to the 31 following: 32 (a) The impact of the offense on each victim, as defined in 33 section 915.10, through the use of a victim impact statement, 34 as defined in section 915.10, under any format permitted by 35 -3- LSB 2259XC (3) 86 jm/rj 3/ 7

S.F. _____ section 915.13. The victim impact statement may include 1 comment on the sentence of the defendant. 2 (b) The impact of the offense on the community. 3 (c) The threat to the safety of the public or any individual 4 posed by the defendant. 5 (d) The degree of participation in the offense by the 6 defendant. 7 (e) The nature of the offense. 8 (f) The defendant’s remorse. 9 (g) The defendant’s acceptance of responsibility. 10 (h) The severity of the offense, including any of the 11 following: 12 (i) The commission of the offense while participating in 13 another felony. 14 (ii) The number of victims. 15 (iii) The heinous, brutal, cruel manner of the offense, 16 including whether the offense involved torture. 17 (i) The capacity of the defendant to appreciate the 18 criminality of the conduct. 19 (j) Whether the ability to conform the defendant’s conduct 20 with the requirements of the law was substantially impaired. 21 (k) The level of maturity of the defendant. 22 (l) The intellectual and mental capacity of the defendant. 23 (m) The nature and extent of any prior juvenile delinquency 24 or criminal history of the defendant, including the success or 25 failure of previous attempts at rehabilitation. 26 (n) The mental health history of the defendant. 27 (o) The level of compulsion, duress, or influence exerted 28 upon the defendant, but not to such an extent as to constitute 29 a defense. 30 (p) The likelihood of the commission of further offenses by 31 the defendant. 32 (q) The chronological age of the defendant and the features 33 of youth, including immaturity, impetuosity, and failure to 34 appreciate risks and consequences. 35 -4- LSB 2259XC (3) 86 jm/rj 4/ 7

S.F. _____ (r) The family and home environment that surrounded the 1 defendant. 2 (s) The circumstances of the offense including the extent of 3 the defendant’s participation in the conduct and the way the 4 familial and peer pressure may have affected the defendant. 5 (t) The competencies associated with youth, including but 6 not limited to the defendant’s inability to deal with peace 7 officers or the prosecution or the defendant’s incapacity to 8 assist the defendant’s attorney in the defendant’s defense. 9 (u) The possibility of rehabilitation. 10 (v) Any other information considered relevant by the 11 sentencing court. 12 NEW SUBSECTION . 4. If a defendant is paroled pursuant to 13 subsection 2 or 3, the defendant shall be subject to the same 14 set of procedures set out in chapters 901B, 905, 906, and 908, 15 and rules adopted under those chapters for persons on parole. 16 Sec. 3. Section 903A.2, subsection 5, Code 2015, is amended 17 to read as follows: 18 5. Earned time accrued by inmates serving life sentences 19 imposed under section 902.1 shall not reduce the life sentence, 20 but or any mandatory minimum sentence imposed under section 21 902.1, except that earned time accrued shall be credited 22 against the inmate’s life sentence if the life sentence is 23 commuted to a term of years under section 902.2 , but shall not 24 reduce any mandatory minimum sentence imposed under section 25 902.1 . 26 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 Sec. 5. APPLICABILITY. The sentencing provisions of this 29 Act shall apply to a person who was convicted of a class “A” 30 felony prior to, on, or after the effective date of this Act 31 and who was under the age of eighteen at the time the offense 32 was committed. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 2259XC (3) 86 jm/rj 5/ 7

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to the commission of a class “A” felony by 2 a person under 18 years of age, and provides penalties. 3 Current Iowa statutory law provides that a person under 4 18 years of age who commits a class “A” felony, other than 5 murder in the first degree, shall be eligible for parole after 6 serving a minimum term of confinement of 25 years. Also, under 7 current Iowa statutory law, a person under 18 years of age who 8 commits murder in the first degree must serve a life sentence 9 without the possibility of parole which equals the sentences 10 of other class “A” felons. However, the United States Supreme 11 Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), has ruled 12 that a mandatory life sentence without the possibility of 13 parole for a person under 18 years of age who commits murder 14 is unconstitutional. In addition, the Iowa Supreme Court in 15 State v. Lyle, 854 N.W.2d 378 (Iowa 2014), ruled that the Iowa 16 Constitution forbids a mandatory minimum sentencing schema for 17 juvenile offenders that deprives the district court of the 18 discretion to consider youth and its attendant circumstances 19 as mitigating factors. 20 The bill provides that a person who commits murder in the 21 first degree and who was under the age of 18 at the time the 22 offense was committed shall be sentenced to serve one of three 23 sentencing options. The first option provides that the court 24 sentence the person to confinement for the rest of the person’s 25 life with no possibility of parole unless the governor commutes 26 the sentence to a term of years. The second option provides 27 that the court sentence the person to confinement for the rest 28 of the person’s life with the possibility of parole after 29 serving a minimum term of confinement of 35 years. Under the 30 third option, the court sentences the person to confinement for 31 the rest of the person’s life with the possibility of parole. 32 The bill lists numerous circumstances for the court to 33 consider prior to sentencing a person who commits murder in the 34 first degree and who was under the age of 18 at the time the 35 -6- LSB 2259XC (3) 86 jm/rj 6/ 7

S.F. _____ offense was committed. 1 The bill provides that a person who commits a class “A” 2 felony, other than murder in the first degree, and who was 3 under the age of 18 at the time the offense was committed 4 shall be sentenced to serve one of three sentencing options. 5 The first option provides that the court sentence the 6 person to confinement for the rest of the person’s life with 7 the possibility of parole after serving a minimum term of 8 confinement of 25 years. The second option provides that the 9 court sentence the person to confinement for the rest of the 10 person’s life with the possibility of parole after serving a 11 minimum term of confinement as determined by the court. Under 12 the third option, the court sentences the person to confinement 13 for the rest of the person’s life with the possibility of 14 parole. 15 The bill lists numerous circumstances for the court to 16 consider prior to sentencing a person who commits a class “A” 17 felony, other than murder in the first degree, and who was 18 under the age of 18 at the time the offense was committed. This 19 list of circumstances is similar to the list of circumstances 20 the court must consider for a person under the age of 18 who 21 commits murder in the first degree. 22 A person paroled pursuant to the bill is subject to the same 23 set of procedures set out in Code chapters 901B, 905, 906, and 24 908, and rules adopted under those Code chapters for persons 25 on parole. 26 The bill prohibits earned time from reducing any mandatory 27 minimum sentence imposed under Code section 902.1. 28 The bill takes effect upon enactment and applies to a person 29 who was convicted of a class “A” felony prior to, on, or after 30 the effective date of the bill and who was under the age of 18 31 at the time the offense was committed. 32 -7- LSB 2259XC (3) 86 jm/rj 7/ 7