SSB 1185 (LSB 2259XC (3) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS)

A BILL FOR

An Act relating to the commission of a class “A” felony by a person under 18 years of age, providing penalties, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.1, subsection 2, Code 2015, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  a.  Notwithstanding subsection 1, a defendant 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 one 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 thirty-five years.
   (3)  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.
   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 which sentence to impose, the court shall consider all 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 defendant’s remorse.
   (g)  The defendant’s acceptance of responsibility.
   (h)  The severity of the offense, including any of the following:
   (i)  The commission of the murder 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.
   (i)  The capacity of the defendant to appreciate the criminality of the conduct.
   (j)  Whether the ability to conform the defendant’s conduct with the requirements of the law was substantially impaired.
   (k)  The level of maturity of the defendant.
   (l)  The intellectual and mental capacity of the defendant.
   (m)  The nature and extent of any prior juvenile delinquency or criminal history of the defendant, including the success or failure of previous attempts at rehabilitation.
   (n)  The mental health history of the defendant.
   (o)  The level of compulsion, duress, or influence exerted upon the defendant, but not to such an extent as to constitute a defense.
   (p)  The likelihood of the commission of further offenses by the defendant.
   (q)  The chronological age of the defendant and the features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences.
   (r)  The family and home environment that surrounded the defendant.
   (s)  The circumstances of the murder including the extent of the defendant’s participation in the conduct and the way familial and peer pressure may have affected the defendant.
   (t)  The competencies associated with youth, including but not limited to the defendant’s inability to deal with peace officers or the prosecution or the defendant’s incapacity to assist the defendant’s attorney in the defendant’s defense.
   (u)  The possibility of rehabilitation.
   (v)  Any other information considered relevant by the sentencing court.
    Sec. 2.  Section 902.1, Code 2015, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  a.  Notwithstanding subsections 1 and 2, a defendant 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 receive one of the following sentences:
   (1)  Commitment to 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 twenty-five 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 as determined by the court.
   (3)  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.
   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 a mandatory minimum term of confinement of twenty-five years under paragraph “a”, subparagraph (1).
   (2)  In determining which sentence to impose, the court shall consider all 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 offense by the defendant.
   (e)  The nature of the offense.
   (f)  The defendant’s remorse.
   (g)  The defendant’s acceptance of responsibility.
   (h)  The severity of the offense, including any of the following:
   (i)  The commission of the offense while participating in another felony.
   (ii)  The number of victims.
   (iii)  The heinous, brutal, cruel manner of the offense, including whether the offense involved torture.
   (i)  The capacity of the defendant to appreciate the criminality of the conduct.
   (j)  Whether the ability to conform the defendant’s conduct with the requirements of the law was substantially impaired.
   (k)  The level of maturity of the defendant.
   (l)  The intellectual and mental capacity of the defendant.
   (m)  The nature and extent of any prior juvenile delinquency or criminal history of the defendant, including the success or failure of previous attempts at rehabilitation.
   (n)  The mental health history of the defendant.
   (o)  The level of compulsion, duress, or influence exerted upon the defendant, but not to such an extent as to constitute a defense.
   (p)  The likelihood of the commission of further offenses by the defendant.
   (q)  The chronological age of the defendant and the features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences.
   (r)  The family and home environment that surrounded the defendant.
   (s)  The circumstances of the offense including the extent of the defendant’s participation in the conduct and the way the familial and peer pressure may have affected the defendant.
   (t)  The competencies associated with youth, including but not limited to the defendant’s inability to deal with peace officers or the prosecution or the defendant’s incapacity to assist the defendant’s attorney in the defendant’s defense.
   (u)  The possibility of rehabilitation.
   (v)  Any other information considered relevant by the sentencing court.
   NEW SUBSECTION.  4.  If a defendant is paroled pursuant to subsection 2 or 3, the defendant 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.  Section 903A.2, subsection 5, Code 2015, is amended to read as follows:
   5.  Earned time accrued by inmates serving life sentences imposed under section 902.1 shall not reduce the life sentence, but or any mandatory minimum sentence imposed under section 902.1, except that earned time accrued shall be credited against the inmate’s life sentence if the life sentence is commuted to a term of years under section 902.2, but shall not reduce any mandatory minimum sentence imposed under section 902.1.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  The sentencing provisions of this Act shall apply to a person who was convicted of a class “A” felony prior to, on, or after the effective date of this Act and who was under the age of eighteen at the time the offense was committed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the commission of a class “A” felony by a person under 18 years of age, and provides penalties.
   Current Iowa statutory law provides that a person under 18 years of age who commits a class “A” felony, other than murder in the first degree, shall be eligible for parole after serving a minimum term of confinement of 25 years. Also, under current Iowa statutory law, a person under 18 years of age who commits murder in the first degree must serve a life sentence without the possibility of parole which equals the sentences of other class “A” felons. However, the United States Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), has ruled that a mandatory life sentence without the possibility of parole for a person under 18 years of age who commits murder is unconstitutional. In addition, the Iowa Supreme Court in State v. Lyle, 854 N.W.2d 378 (Iowa 2014), ruled that the Iowa Constitution forbids a mandatory minimum sentencing schema for juvenile offenders that deprives the district court of the discretion to consider youth and its attendant circumstances as mitigating factors.
   The bill 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 shall be sentenced to serve one of three sentencing options. The first option provides that the court sentence the person to confinement for the rest of the person’s life with no possibility of parole unless the governor commutes the sentence to a term of years. The second option provides that the court sentence the person to confinement for the rest of the person’s life with the possibility of parole after serving a minimum term of confinement of 35 years. Under the third option, the court sentences the person to confinement for the rest of the person’s life with the possibility of parole.
   The bill lists numerous circumstances for the court to consider prior to sentencing a person who commits murder in the first degree and who was under the age of 18 at the time the offense was committed.
   The bill provides that a person who commits 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 sentenced to serve one of three sentencing options. The first option provides that the court sentence the person to confinement for the rest of the person’s life with the possibility of parole after serving a minimum term of confinement of 25 years. The second option provides that the court sentence the person to confinement for the rest of the person’s life with the possibility of parole after serving a minimum term of confinement as determined by the court. Under the third option, the court sentences the person to confinement for the rest of the person’s life with the possibility of parole.
   The bill lists numerous circumstances for the court to consider prior to sentencing a person who commits 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. This list of circumstances is similar to the list of circumstances the court must consider for a person under the age of 18 who commits murder in the first degree.
   A person paroled pursuant to the bill is subject to the same set of procedures set out in Code chapters 901B, 905, 906, and 908, and rules adopted under those Code chapters for persons on parole.
   The bill prohibits earned time from reducing any mandatory minimum sentence imposed under Code section 902.1.
   The bill takes effect upon enactment and applies to a person who was convicted of a class “A” felony prior to, on, or after the effective date of the bill and who was under the age of 18 at the time the offense was committed.