Senate
File
336
-
Introduced
SENATE
FILE
336
BY
BERTRAND
A
BILL
FOR
An
Act
creating
the
penalty
of
death
for
the
commission
of
the
1
multiple
offense
of
murder
in
the
first
degree
and
sexual
2
abuse
against
the
same
person,
providing
penalties,
and
3
including
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
13B.4,
Code
2017,
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
the
multiple
offense
of
murder
9
in
the
first
degree
and
sexual
abuse
under
section
902.15,
and
10
the
state
has
given
notice
of
intent
to
seek
the
death
penalty
11
or
in
cases
in
which
a
sentence
of
death
is
to
be
imposed.
12
b.
Conduct
or
sponsor
specialized
training
programs
for
13
attorneys
representing
persons
who
may
be
executed.
14
Sec.
2.
NEW
SECTION
.
602.10112
Qualifications
of
counsel
15
in
death
penalty
cases.
16
The
supreme
court
shall
prescribe
rules
which
establish
17
minimum
standards
and
procedures
by
which
attorneys
may
become
18
qualified
to
provide
legal
services
as
lead
counsel
in
cases
in
19
which
a
sentence
of
death
may
be
or
is
to
be
imposed.
20
Sec.
3.
NEW
SECTION
.
812A.1
Procedure
to
determine
sanity
21
of
condemned
inmate.
22
1.
At
any
time
prior
to
execution
of
an
inmate
under
section
23
902.1B,
if
the
director
of
the
department
of
corrections
or
24
the
counsel
for
a
person
who
is
under
a
sentence
of
execution
25
has
cause
to
believe
that
the
inmate
is
suffering
from
such
26
a
diseased
or
deranged
condition
of
the
mind
as
to
prevent
27
the
defendant
from
knowing
the
nature
and
quality
of
the
act
28
the
defendant
has
been
convicted
of,
or
from
understanding
29
that
trial
on
the
offense
has
taken
place
and
that
execution
30
proceedings
are
about
to
take
place,
or
to
otherwise
cause
the
31
defendant
to
lack
the
capacity
to
understand
the
sentence
which
32
has
been
imposed
and
to
participate
in
any
legal
proceedings
33
relating
to
the
sentence,
the
director
or
counsel
may
file
a
34
request
with
the
court
that
issued
the
warrant
for
execution
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for
a
determination
of
the
inmate’s
sanity.
If
the
court
1
determines
that
there
is
not
sufficient
reason
to
believe
2
that
the
inmate
is
insane,
the
court
shall
enter
an
order
3
denying
the
request
and
shall
state
the
grounds
for
denying
the
4
request.
If
the
court
believes
that
there
is
sufficient
reason
5
to
believe
that
the
inmate
is
insane,
the
court
shall
suspend
6
the
execution
and
conduct
a
hearing
to
determine
the
sanity
of
7
the
inmate.
8
2.
At
the
hearing,
the
court
shall
determine
the
issue
of
9
the
inmate’s
sanity.
Prior
to
the
hearing,
the
court
shall
10
appoint
two
licensed
physicians
or
licensed
psychologists,
or
11
one
licensed
physician
and
one
licensed
psychologist,
who
are
12
qualified
by
training
and
practice,
for
purposes
of
conducting
13
a
psychiatric
or
psychological
examination
of
the
inmate.
The
14
physicians
or
psychologists
shall
examine
the
inmate
and
report
15
any
findings
in
writing
to
the
court
within
ten
days
after
16
the
order
of
examination
is
issued.
The
inmate
shall
have
17
the
right
to
present
evidence
and
cross-examine
any
witnesses
18
at
the
hearing.
Any
statement
made
by
the
inmate
during
the
19
course
of
any
examination
provided
for
in
this
section,
whether
20
or
not
the
inmate
consents
to
the
examination,
shall
not
be
21
admitted
into
evidence
against
the
inmate
in
any
criminal
22
proceeding
for
purposes
other
than
a
determination
of
the
23
inmate’s
sanity.
24
3.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
25
this
section,
the
court
determines
that
the
inmate
is
sane,
26
the
court
shall
enter
an
order
setting
a
date
for
the
inmate’s
27
execution,
which
shall
be
carried
into
effect
in
the
same
28
manner
as
provided
in
the
original
sentence.
A
copy
of
the
29
order
shall
be
sent
to
the
director
of
the
department
of
30
corrections
and
the
governor.
31
4.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
32
section,
the
court
determines
that
the
inmate
is
insane,
the
33
court
shall
suspend
the
execution
until
further
order.
At
any
34
time
after
issuance
of
the
order,
if
the
court
has
sufficient
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reason
to
believe
that
the
inmate
has
become
sane,
the
court
1
shall
again
determine
the
sanity
of
the
inmate
as
provided
2
by
this
section.
Proceedings
pursuant
to
this
section
may
3
continue
to
be
held
at
such
times
as
the
court
orders
until
4
it
is
either
determined
that
the
inmate
is
sane
or
incurably
5
insane.
6
Sec.
4.
NEW
SECTION
.
814.28
Review
of
death
sentence.
7
1.
In
a
case
in
which
a
sentence
of
death
is
imposed,
the
8
supreme
court
shall
automatically
review
the
judgment
and
9
sentence.
The
court’s
review
of
the
case
shall
be
de
novo.
The
10
case
shall
not
be
transferred
to
the
court
of
appeals.
11
2.
A
review
by
the
supreme
court
of
a
judgment
and
sentence
12
imposing
the
punishment
of
death
has
priority
over
all
other
13
criminal
and
other
actions
pending
before
the
supreme
court.
14
3.
The
supreme
court
shall
review
the
trial
and
judgment,
15
and
shall
separately
review
the
sentencing
proceeding.
Upon
16
determining
that
errors
did
not
occur
at
the
trial
requiring
17
reversal
or
modification
of
the
judgment,
the
supreme
court
18
shall
proceed
to
determine
if
the
sentence
of
death
is
lawfully
19
imposed.
In
its
review
of
the
sentencing
proceeding
the
20
supreme
court
shall
determine
all
of
the
following:
21
a.
Whether
the
sentence
of
death
was
imposed
capriciously
or
22
under
the
influence
of
prejudice
or
other
arbitrary
factor.
23
b.
Whether
the
special
verdicts
returned
under
section
24
901D.1
are
supported
by
the
evidence.
25
c.
Whether
the
sentence
of
death
is
excessive
or
26
disproportionate
to
the
penalty
imposed
in
similar
cases,
27
considering
both
the
crime
and
the
defendant.
28
4.
If
the
supreme
court
determines
that
the
sentence
of
29
death
was
not
lawfully
imposed,
the
supreme
court
shall
set
30
aside
the
sentence
and
shall
remand
the
case
to
the
trial
31
court
for
a
second
sentencing
proceeding
to
determine
if
the
32
imposition
of
death
is
warranted.
33
5.
If
the
supreme
court
affirms
the
judgment
and
sentence
34
of
death,
the
clerk
of
the
supreme
court
shall
certify
the
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judgment
of
the
supreme
court
under
the
seal
of
the
supreme
1
court
to
the
clerk
of
the
trial
court.
2
Sec.
5.
Section
815.10,
Code
2017,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
If
two
attorneys
have
not
already
5
been
appointed
pursuant
to
section
13B.4
or
13B.9,
the
court
6
shall
appoint,
for
each
indigent
person
who
is
charged
with
7
the
multiple
offense
of
murder
and
sexual
abuse
under
section
8
902.15,
and
in
which
a
notice
of
intent
to
seek
the
death
9
penalty
has
been
filed,
two
attorneys
who
are
qualified
under
10
section
602.10112
to
represent
the
person
in
the
proceedings
11
and
in
all
state
legal
proceedings
which
take
place
from
the
12
time
the
person
is
indicted
or
arraigned
until
the
person
13
is
sentenced
on
the
charge.
In
addition,
if
at
any
point
14
in
federal
postconviction
proceedings
an
indigent
person
15
is
not
afforded
court-appointed
counsel,
the
state
shall
16
provide
counsel
to
the
person
to
present
any
claims
determined
17
meritorious
by
the
federal
court
if
the
person
is
not
otherwise
18
represented
by
legal
counsel.
Only
private
attorneys
and
19
public
defenders
who
are
qualified
to
provide
representation
in
20
cases
in
which
the
death
penalty
may
be
imposed
are
eligible
21
for
appointment
or
assignment
to
a
case
in
which
the
death
22
penalty
may
be
imposed.
23
Sec.
6.
NEW
SECTION
.
901D.1
Murder
proceedings
——
request
24
for
death
penalty
——
penalty
proceedings.
25
1.
As
used
in
this
section:
26
a.
“Intellectually
disabled”
means
the
same
as
defined
in
27
section
902.15.
28
b.
“Mentally
ill”
or
“mental
illness”
means
the
same
as
29
defined
in
section
902.15.
30
2.
If
a
notice
of
intent
to
seek
the
death
penalty
has
31
been
filed,
objections
to
the
imposition
of
the
death
penalty
32
based
upon
allegations
that
a
defendant
was
intellectually
33
disabled
or
mentally
ill
at
the
time
of
the
commission
of
34
the
offense
shall
be
raised
within
the
time
provided
for
the
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filing
of
pretrial
motions
under
rule
of
criminal
procedure
1
2.11,
Iowa
court
rules.
The
court
may,
for
good
cause
shown,
2
allow
late
filing
of
the
motion.
Hearing
on
the
motion
shall
3
be
held
prior
to
trial
and
the
burden
of
proof
shall
be
on
the
4
defendant
to
prove
intellectual
disability
or
mental
illness
5
by
a
preponderance
of
the
evidence.
However,
a
rebuttable
6
presumption
of
intellectual
disability
arises
if
a
defendant
7
has
an
intelligence
quotient
of
seventy-five
or
below.
If
the
8
court
finds
that
the
defendant
is
intellectually
disabled,
9
the
defendant,
if
convicted
of
the
multiple
offense
of
murder
10
and
sexual
abuse
under
section
902.15,
shall
not
be
sentenced
11
to
death
but
shall
be
sentenced
to
life
imprisonment
in
the
12
manner
provided
in
section
902.1.
A
finding
by
the
court
that
13
the
evidence
presented
by
the
defendant
at
the
hearing
does
14
not
preclude
the
imposition
of
the
death
penalty
under
this
15
section
and
section
902.15
shall
not
preclude
the
introduction
16
of
evidence
of
intellectual
disability
or
mental
illness
during
17
the
penalty
proceeding.
If
the
court
finds
that
evidence
of
18
intellectual
disability
or
mental
illness
does
not
preclude
19
imposition
of
the
death
penalty,
evidence
of
intellectual
20
disability
or
mental
illness
may
be
reviewed
by
the
jury
in
21
the
penalty
proceeding
and
the
jury
shall
not
be
informed
of
22
the
finding
in
the
initial
proceeding
at
any
time
during
the
23
penalty
proceeding.
24
3.
If
at
the
trial
on
a
charge
of
the
multiple
offense
25
of
murder
and
sexual
abuse
under
section
902.15,
the
state
26
intends
to
request
that
the
death
penalty
be
imposed
under
27
section
902.1B,
the
prosecutor
shall
file
a
notice
of
intent
28
to
seek
the
death
penalty,
at
the
time
of
and
as
part
of
the
29
information
or
indictment
filed
in
the
case.
30
4.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
31
filed,
the
trial
shall
be
conducted
in
bifurcated
proceedings
32
before
the
same
trier
of
fact.
During
the
initial
proceeding,
33
the
jury,
or
the
court
if
the
defendant
waives
the
right
to
a
34
jury
trial,
shall
decide
only
whether
the
defendant
is
guilty
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or
not
guilty
of
the
multiple
offense
of
murder
and
sexual
1
abuse
under
section
902.15.
2
a.
If,
in
the
initial
proceeding,
the
court
or
jury
finds
3
the
defendant
guilty
of,
or
the
defendant
pleads
guilty
to,
4
an
offense
other
than
the
multiple
offense
of
murder
and
5
sexual
abuse
under
section
902.15,
the
court
shall
sentence
6
the
defendant
in
accordance
with
the
sentencing
procedures
set
7
forth
in
rule
of
criminal
procedure
2.23,
Iowa
court
rules,
and
8
chapters
901
through
909,
which
are
applicable
to
the
offense.
9
b.
If
the
court
or
jury
finds
the
defendant
guilty
of,
or
10
the
defendant
pleads
guilty
to,
the
multiple
offense
of
murder
11
and
sexual
abuse
under
section
902.15,
but
the
prosecuting
12
attorney
waives
the
death
penalty,
the
court
shall
sentence
13
the
defendant
to
life
imprisonment
in
accordance
with
the
14
sentencing
procedures
set
forth
in
rule
of
criminal
procedure
15
2.23,
Iowa
court
rules,
and
chapters
901
through
909,
which
16
are
otherwise
applicable
to
convictions
of
murder
in
the
first
17
degree
and
sexual
abuse.
18
c.
If
the
court
or
jury
finds
the
defendant
guilty
of
the
19
multiple
offense
of
murder
and
sexual
abuse
under
section
20
902.15,
or
a
defendant
enters
a
plea
of
guilty
in
the
initial
21
proceeding,
and
the
prosecuting
attorney
does
not
waive
22
imposition
of
the
death
penalty,
a
penalty
proceeding
shall
be
23
held
in
the
manner
provided
in
subsections
5
through
13.
24
5.
No
sooner
than
twenty-four
hours
after
a
verdict
of
25
guilty
or
a
plea
of
guilty
to
the
multiple
offense
of
murder
26
and
sexual
abuse
under
section
902.15
is
returned
in
the
27
initial
proceeding,
a
penalty
proceeding
shall
be
held
to
28
determine
whether
the
defendant
shall
be
sentenced
to
death
29
or
to
life
imprisonment.
The
proceeding
shall
be
conducted
30
in
the
trial
court
before
the
trial
jury,
or
the
court
if
the
31
defendant
has
waived
the
right
to
a
jury
trial
or
has
waived
32
the
right
for
the
proceeding
to
be
before
the
trial
jury.
Both
33
the
state
and
the
defendant
shall
have
the
right
to
present
34
opening
statements
at
the
commencement
of
the
proceeding.
In
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336
the
proceeding,
evidence
relevant
to
the
existence
of
any
1
aggravating
or
mitigating
circumstances
may
be
presented
as
2
follows:
3
a.
The
state
or
the
defendant
may
present
evidence
relevant
4
to
the
conviction
of
the
multiple
offense
enumerated
in
section
5
902.15
and
any
aggravating
circumstances
other
than
juvenile
6
delinquency
adjudications
for
offenses
which
carry
penalties
7
equivalent
to
the
penalties
imposed
for
simple
or
serious
8
misdemeanors.
The
state
may
introduce
evidence
of
the
actual
9
harm
caused
by
the
commission
of
the
multiple
offense
of
murder
10
and
sexual
abuse
under
section
902.15,
including
but
not
11
limited
to
evidence
relating
to
the
life
of
the
victim
and
the
12
impact
of
the
loss
of
the
victim
to
the
victim’s
family
and
13
society.
14
b.
The
defendant
may
present
evidence
that
the
defendant
15
was
intellectually
disabled
or
mentally
ill
at
the
time
of
the
16
commission
of
the
offense.
The
burden
of
proof
shall
be
on
the
17
defendant
to
prove
intellectual
disability
or
mental
illness
18
by
a
preponderance
of
the
evidence.
However,
a
rebuttable
19
presumption
of
intellectual
disability
arises
if
a
defendant
20
has
an
intelligence
quotient
of
seventy-five
or
below.
21
c.
The
state
or
the
defendant
may
present
evidence
relevant
22
to
any
mitigating
circumstances
which
may
exist.
Mitigating
23
circumstances
may
include
the
following
circumstances:
24
(1)
The
defendant
was
under
the
influence
of
an
extreme
25
mental
or
emotional
disturbance
insufficient
to
constitute
a
26
defense.
27
(2)
The
age
of
the
defendant
at
the
time
of
the
offense.
28
(3)
The
defendant’s
capacity
to
appreciate
the
wrongfulness
29
of
the
defendant’s
conduct
and
to
conform
that
conduct
to
the
30
requirements
of
law
was
significantly
impaired
as
a
result
of
a
31
mental
disease
or
defect
or
intellectual
disability,
but
not
to
32
a
degree
sufficient
to
constitute
a
defense.
33
(4)
The
defendant
has
no
significant
history
of
prior
adult
34
criminal
activity.
35
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(5)
The
defendant
acted
under
extreme
duress
or
under
the
1
substantial
domination
of
another
person.
2
(6)
The
defendant
did
not
directly
commit
the
multiple
3
offense
of
murder
and
sexual
abuse
and
the
defendant
did
not
4
intend
to
kill
or
anticipate
that
lethal
force
would
be
used.
5
(7)
Any
other
factor
which
is
relevant
to
the
defendant’s
6
character
or
record
or
to
the
circumstances
of
the
offense.
7
d.
The
state
and
the
defendant
or
the
defendant’s
counsel
8
shall
be
permitted
to
present
and
cross-examine
witnesses
and
9
present
arguments
for
or
against
a
sentence
of
death.
Evidence
10
regarding
aggravating
and
mitigating
circumstances
shall
not
11
be
governed
by
the
rules
governing
admissibility
of
evidence,
12
except
that
introduction
of
evidence
secured
in
violation
of
13
the
Constitution
of
the
United
States
or
of
the
Constitution
of
14
the
State
of
Iowa
shall
not
be
permitted.
15
6.
At
the
conclusion
of
presentation
of
evidence
in
16
the
penalty
proceeding,
the
state
and
the
defendant
or
the
17
defendant’s
counsel
shall
be
permitted
to
make
closing
18
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
19
as
in
the
initial
proceeding
and
the
following
issues
shall
be
20
determined
by
the
jury
or
the
court
if
there
is
no
jury:
21
a.
Whether
the
aggravating
circumstance
or
circumstances
22
have
been
established
beyond
a
reasonable
doubt
and
outweigh
23
any
one
or
more
mitigating
circumstances.
24
b.
Whether
the
defendant
shall
be
sentenced
to
death.
25
7.
A
recommendation
for
a
sentence
of
death
shall
not
be
26
permitted
if
the
recommendation
is
based
on
the
race,
color,
27
religious
beliefs,
national
origin,
or
sex
of
the
defendant
28
or
of
any
victim,
or
based
on
any
other
protected
class
under
29
chapter
216.
After
submission
of
the
issues,
but
prior
to
the
30
return
of
a
finding
in
the
penalty
proceeding,
if
the
matter
31
is
tried
before
a
jury,
the
court
shall
instruct
the
jury
32
that
in
considering
whether
a
sentence
of
death
is
justified,
33
the
jury
shall
not
consider
race,
color,
religious
beliefs,
34
national
origin,
or
sex
of
the
defendant
or
of
any
victim,
or
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consider
any
other
protected
class
under
chapter
216.
The
1
court
shall
further
instruct
the
jury
that
the
jury
shall
not
2
return
a
sentence
of
death
unless
the
jury
concludes
that
such
3
a
sentence
would
be
recommended
no
matter
what
the
race,
color,
4
religious
beliefs,
national
origin,
sex,
or
other
protected
5
class
of
the
defendant
or
of
any
victim
may
be.
6
8.
After
submission
of
the
issues,
but
prior
to
the
7
commencement
of
the
jury
deliberations
in
the
penalty
8
proceeding,
the
court
shall
instruct
the
jury
that
if
the
9
defendant
is
not
sentenced
to
death,
the
court
is
required
by
10
law
to
impose
a
sentence
of
imprisonment
until
death
without
11
parole.
The
court
shall
further
instruct
the
jury
that
12
the
sentence
of
imprisonment
until
death
without
parole
is
13
required
by
law
if
the
jury
fails
to
reach
a
unanimous
verdict
14
recommending
a
sentence
of
death.
15
9.
Concurrently
with
the
return
of
the
findings
on
the
16
issues
submitted
under
subsection
6,
the
jury,
or
the
court
if
17
there
is
no
jury,
shall
return
special
verdicts
as
follows:
18
a.
Which
aggravating
circumstances
were
established
beyond
a
19
reasonable
doubt
and
were
considered
in
reaching
the
verdict.
20
b.
Which
mitigating
circumstances
were
established
and
21
were
considered
in
reaching
the
verdict
returned
on
the
issue
22
specified
in
subsection
6,
paragraph
“a”
.
23
10.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
24
a
unanimous
affirmative
finding
on
each
of
the
issues
submitted
25
under
subsection
6,
paragraphs
“a”
and
“b”
,
the
court
shall
26
enter
a
judgment
of
conviction
and
shall
sentence
the
defendant
27
to
death
as
provided
in
section
902.1B.
28
11.
However,
if
evidence
that
the
defendant
was
not
a
29
major
participant
in
the
commission
of
the
multiple
offense
30
of
murder
and
sexual
abuse
under
section
902.15,
and
that
the
31
defendant’s
conduct
did
not
manifest
a
reckless
indifference
32
to
human
life
is
presented
to
the
jury,
or
the
court
if
there
33
is
no
jury,
the
jury
or
the
court
shall
also
return
a
special
34
verdict
on
the
issue.
If
the
jury
unanimously
determines,
or
35
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the
court
if
there
is
no
jury,
finds
that
a
preponderance
of
1
evidence
exists
that
shows
that
the
defendant
was
not
a
major
2
participant
in
the
commission
of
the
multiple
offense
of
murder
3
and
sexual
abuse
under
section
902.15,
and
that
the
defendant’s
4
conduct
did
not
manifest
a
reckless
indifference
to
human
5
life,
the
court
shall
enter
a
judgment
of
conviction
and
shall
6
sentence
the
defendant
to
life
imprisonment
as
provided
in
7
section
902.1,
even
if
the
jury
or
the
court
returns
unanimous
8
affirmative
findings
on
each
of
the
issues
submitted
under
9
subsection
6.
10
12.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
11
a
negative
finding
on
any
of
the
issues
submitted
under
12
subsection
6,
paragraph
“a”
or
“b”
,
the
court
shall
enter
a
13
judgment
of
conviction
and
shall
sentence
the
defendant
to
life
14
imprisonment
as
provided
in
section
902.1.
15
13.
After
a
verdict
has
been
rendered
it
shall
be
recorded
16
on
the
jury
verdict
form
and
shall
be
read
and
recorded
in
open
17
court.
The
jurors
shall
be
collectively
asked
by
the
court
18
whether
the
verdict
returned
is
their
true
and
correct
verdict.
19
Even
though
no
juror
makes
any
declaration
to
the
contrary,
the
20
jury
shall,
if
either
party
so
requests,
be
polled
and
each
21
juror
shall
be
separately
asked
whether
the
verdict
rendered
by
22
the
jury
foreperson
is
the
juror’s
true
and
correct
verdict.
23
If,
upon
either
the
collective
or
the
separate
inquiry,
any
24
juror
denies
that
the
verdict
is
the
juror’s
verdict,
the
court
25
shall
refuse
to
accept
the
verdict.
The
court
may
direct
26
inquiry
or
permit
inquiry
by
counsel
to
ascertain
whether
any
27
juror
has
been
subjected
to
coercion
or
has
become
confused
28
during
the
jury
deliberation
process.
The
court
may,
as
29
appropriate,
direct
the
jury
to
resume
deliberation
in
the
30
case.
If
no
disagreement
on
the
verdict
is
expressed
by
any
of
31
the
jurors,
the
court
shall
discharge
the
jury.
32
Sec.
7.
Section
902.1,
subsection
1,
Code
2017,
is
amended
33
to
read
as
follows:
34
1.
Upon
Except
as
provided
in
section
902.1A
or
902.1B,
a
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plea
of
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
1
which
a
judgment
of
conviction
of
a
class
“A”
felony
may
be
2
rendered,
the
court
shall
enter
a
judgment
of
conviction
and
3
shall
commit
the
defendant
into
the
custody
of
the
director
4
of
the
Iowa
department
of
corrections
for
the
rest
of
the
5
defendant’s
life.
Nothing
in
the
Iowa
corrections
code
6
pertaining
to
deferred
judgment,
deferred
sentence,
suspended
7
sentence,
or
reconsideration
of
sentence
applies
to
a
class
“A”
8
felony,
and
a
person
convicted
of
a
class
“A”
felony
shall
not
9
be
released
on
parole
unless
the
governor
commutes
the
sentence
10
to
a
term
of
years.
11
Sec.
8.
Section
902.1,
subsections
2,
3,
and
4,
Code
2017,
12
are
amended
by
striking
the
subsections.
13
Sec.
9.
NEW
SECTION
.
902.1A
Class
“A”
felony
sentencing
——
14
juveniles.
15
1.
a.
Notwithstanding
section
902.1,
a
defendant
convicted
16
of
murder
in
the
first
degree
in
violation
of
section
707.2,
17
and
who
was
under
the
age
of
eighteen
at
the
time
the
offense
18
was
committed
shall
receive
one
of
the
following
sentences:
19
(1)
Commitment
to
the
custody
of
the
director
of
the
20
department
of
corrections
for
the
rest
of
the
defendant’s
life
21
with
no
possibility
of
parole
unless
the
governor
commutes
the
22
sentence
to
a
term
of
years.
23
(2)
Commitment
to
the
custody
of
the
director
of
the
24
department
of
corrections
for
the
rest
of
the
defendant’s
life
25
with
the
possibility
of
parole
after
serving
a
minimum
term
of
26
confinement
as
determined
by
the
court.
27
(3)
Commitment
to
the
custody
of
the
director
of
the
28
department
of
corrections
for
the
rest
of
the
defendant’s
life
29
with
the
possibility
of
parole.
30
b.
(1)
The
prosecuting
attorney
shall
provide
reasonable
31
notice
to
the
defendant,
after
conviction
and
prior
to
32
sentencing,
of
the
state’s
intention
to
seek
a
life
sentence
33
with
no
possibility
of
parole
under
paragraph
“a”
,
subparagraph
34
(1).
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(2)
In
determining
which
sentence
to
impose,
the
court
shall
1
consider
all
circumstances
including
but
not
limited
to
the
2
following:
3
(a)
The
impact
of
the
offense
on
each
victim,
as
defined
in
4
section
915.10,
through
the
use
of
a
victim
impact
statement,
5
as
defined
in
section
915.10,
under
any
format
permitted
by
6
section
915.13.
The
victim
impact
statement
may
include
7
comment
on
the
sentence
of
the
defendant.
8
(b)
The
impact
of
the
offense
on
the
community.
9
(c)
The
threat
to
the
safety
of
the
public
or
any
individual
10
posed
by
the
defendant.
11
(d)
The
degree
of
participation
in
the
murder
by
the
12
defendant.
13
(e)
The
nature
of
the
offense.
14
(f)
The
defendant’s
remorse.
15
(g)
The
defendant’s
acceptance
of
responsibility.
16
(h)
The
severity
of
the
offense,
including
any
of
the
17
following:
18
(i)
The
commission
of
the
murder
while
participating
in
19
another
felony.
20
(ii)
The
number
of
victims.
21
(iii)
The
heinous,
brutal,
cruel
manner
of
the
murder,
22
including
whether
the
murder
was
the
result
of
torture.
23
(i)
The
capacity
of
the
defendant
to
appreciate
the
24
criminality
of
the
conduct.
25
(j)
Whether
the
ability
to
conform
the
defendant’s
conduct
26
with
the
requirements
of
the
law
was
substantially
impaired.
27
(k)
The
level
of
maturity
of
the
defendant.
28
(l)
The
intellectual
and
mental
capacity
of
the
defendant.
29
(m)
The
nature
and
extent
of
any
prior
juvenile
delinquency
30
or
criminal
history
of
the
defendant,
including
the
success
or
31
failure
of
previous
attempts
at
rehabilitation.
32
(n)
The
mental
health
history
of
the
defendant.
33
(o)
The
level
of
compulsion,
duress,
or
influence
exerted
34
upon
the
defendant,
but
not
to
such
an
extent
as
to
constitute
35
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a
defense.
1
(p)
The
likelihood
of
the
commission
of
further
offenses
by
2
the
defendant.
3
(q)
The
chronological
age
of
the
defendant
and
the
features
4
of
youth,
including
immaturity,
impetuosity,
and
failure
to
5
appreciate
risks
and
consequences.
6
(r)
The
family
and
home
environment
that
surrounded
the
7
defendant.
8
(s)
The
circumstances
of
the
murder
including
the
extent
9
of
the
defendant’s
participation
in
the
conduct
and
the
way
10
familial
and
peer
pressure
may
have
affected
the
defendant.
11
(t)
The
competencies
associated
with
youth,
including
but
12
not
limited
to
the
defendant’s
inability
to
deal
with
peace
13
officers
or
the
prosecution
or
the
defendant’s
incapacity
to
14
assist
the
defendant’s
attorney
in
the
defendant’s
defense.
15
(u)
The
possibility
of
rehabilitation.
16
(v)
Any
other
information
considered
relevant
by
the
17
sentencing
court.
18
2.
a.
Notwithstanding
subsection
1
and
section
902.1,
a
19
defendant
convicted
of
a
class
“A”
felony,
other
than
murder
20
in
the
first
degree
in
violation
of
section
707.2,
and
who
was
21
under
the
age
of
eighteen
at
the
time
the
offense
was
committed
22
shall
receive
one
of
the
following
sentences:
23
(1)
Commitment
to
the
custody
of
the
director
of
the
24
department
of
corrections
for
the
rest
of
the
defendant’s
life
25
with
the
possibility
of
parole
after
serving
a
minimum
term
of
26
confinement
as
determined
by
the
court.
27
(2)
Commitment
to
the
custody
of
the
director
of
the
28
department
of
corrections
for
the
rest
of
the
defendant’s
life
29
with
the
possibility
of
parole.
30
b.
In
determining
which
sentence
to
impose,
the
court
shall
31
consider
all
circumstances
including
but
not
limited
to
the
32
following:
33
(1)
The
impact
of
the
offense
on
each
victim,
as
defined
in
34
section
915.10,
through
the
use
of
a
victim
impact
statement,
35
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as
defined
in
section
915.10,
under
any
format
permitted
by
1
section
915.13.
The
victim
impact
statement
may
include
2
comment
on
the
sentence
of
the
defendant.
3
(2)
The
impact
of
the
offense
on
the
community.
4
(3)
The
threat
to
the
safety
of
the
public
or
any
individual
5
posed
by
the
defendant.
6
(4)
The
degree
of
participation
in
the
offense
by
the
7
defendant.
8
(5)
The
nature
of
the
offense.
9
(6)
The
defendant’s
remorse.
10
(7)
The
defendant’s
acceptance
of
responsibility.
11
(8)
The
severity
of
the
offense,
including
any
of
the
12
following:
13
(a)
The
commission
of
the
offense
while
participating
in
14
another
felony.
15
(b)
The
number
of
victims.
16
(c)
The
heinous,
brutal,
cruel
manner
of
the
offense,
17
including
whether
the
offense
involved
torture.
18
(9)
The
capacity
of
the
defendant
to
appreciate
the
19
criminality
of
the
conduct.
20
(10)
Whether
the
ability
to
conform
the
defendant’s
conduct
21
with
the
requirements
of
the
law
was
substantially
impaired.
22
(11)
The
level
of
maturity
of
the
defendant.
23
(12)
The
intellectual
and
mental
capacity
of
the
defendant.
24
(13)
The
nature
and
extent
of
any
prior
juvenile
delinquency
25
or
criminal
history
of
the
defendant,
including
the
success
or
26
failure
of
previous
attempts
at
rehabilitation.
27
(14)
The
mental
health
history
of
the
defendant.
28
(15)
The
level
of
compulsion,
duress,
or
influence
exerted
29
upon
the
defendant,
but
not
to
such
an
extent
as
to
constitute
30
a
defense.
31
(16)
The
likelihood
of
the
commission
of
further
offenses
32
by
the
defendant.
33
(17)
The
chronological
age
of
the
defendant
and
the
features
34
of
youth,
including
immaturity,
impetuosity,
and
failure
to
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appreciate
risks
and
consequences.
1
(18)
The
family
and
home
environment
that
surrounded
the
2
defendant.
3
(19)
The
circumstances
of
the
offense
including
the
extent
4
of
the
defendant’s
participation
in
the
conduct
and
the
way
the
5
familial
and
peer
pressure
may
have
affected
the
defendant.
6
(20)
The
competencies
associated
with
youth,
including
but
7
not
limited
to
the
defendant’s
inability
to
deal
with
peace
8
officers
or
the
prosecution
or
the
defendant’s
incapacity
to
9
assist
the
defendant’s
attorney
in
the
defendant’s
defense.
10
(21)
The
possibility
of
rehabilitation.
11
(22)
Any
other
information
considered
relevant
by
the
12
sentencing
court.
13
3.
If
a
defendant
is
paroled
pursuant
to
subsection
1
or
2,
14
the
defendant
shall
be
subject
to
the
same
set
of
procedures
15
set
out
in
chapters
901B,
905,
906,
and
908,
and
rules
adopted
16
under
those
chapters
for
persons
on
parole.
17
Sec.
10.
NEW
SECTION
.
902.1B
Class
“A”
felony
——
death
18
penalty.
19
Notwithstanding
section
902.1,
upon
return
of
a
plea
or
20
verdict
of
guilty
to
the
multiple
offense
of
murder
in
the
21
first
degree
and
sexual
abuse
under
section
902.15,
and
a
22
return
of
a
verdict
in
favor
of
a
sentence
of
death
in
a
23
penalty
proceeding
conducted
as
provided
in
section
901D.1,
the
24
court
shall
enter
a
judgment
of
conviction
and
shall
commit
25
the
defendant
into
the
custody
of
the
director
of
the
Iowa
26
department
of
corrections.
The
sentence
shall
be
carried
out
27
by
the
administration
of
a
lethal
injection
pursuant
to
rules
28
adopted
by
the
board
of
corrections.
If
a
defendant,
for
whom
29
a
warrant
of
execution
is
issued,
is
pregnant,
the
execution
30
shall
not
take
place
until
after
the
defendant
is
no
longer
31
pregnant.
If
a
defendant,
for
whom
a
warrant
of
execution
is
32
issued,
is
suffering
from
such
a
diseased
or
deranged
condition
33
of
the
mind
as
to
prevent
the
defendant
from
knowing
the
34
nature
and
quality
of
the
act
the
defendant
has
been
convicted
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of,
or
from
understanding
that
trial
on
the
offense
has
1
taken
place
and
that
execution
proceedings
are
about
to
take
2
place,
or
otherwise
causes
the
defendant
to
lack
the
capacity
3
to
understand
the
sentence
which
has
been
imposed
and
to
4
participate
in
any
legal
proceedings
relating
to
the
sentence,
5
the
execution
shall
not
take
place
until
after
the
defendant’s
6
capacity
is
restored.
If
the
director
of
the
department
of
7
corrections
or
the
defendant’s
counsel
files
a
request
with
the
8
court
which
issued
the
warrant
of
execution,
alleging
that
the
9
defendant
suffers
from
such
a
diseased
or
deranged
condition,
10
a
hearing
on
the
matter
shall
be
held
in
the
manner
provided
11
in
section
812A.1.
For
the
purposes
of
this
section,
“lethal
12
injection”
means
a
continuous
intravenous
injection
of
a
lethal
13
substance
sufficient
to
cause
death.
14
Sec.
11.
NEW
SECTION
.
902.15
Commission
of
the
multiple
15
offense
of
first
degree
murder
and
sexual
abuse.
16
A
person
who
commits
the
multiple
offense
of
murder
in
the
17
first
degree
and
sexual
abuse
with
respect
to
the
same
victim,
18
who
is
not
intellectually
disabled
or
mentally
ill,
and
who
is
19
age
eighteen
or
older
at
the
time
the
offense
is
committed,
20
shall
be
eligible
for
a
sentence
of
death
under
section
902.1B.
21
For
purposes
of
this
section,
“intellectually
disabled”
22
means
significant
subaverage
general
intellectual
functioning
23
accompanied
by
significant
deficits
or
impairments
in
adaptive
24
functioning
manifested
in
the
developmental
period,
but
no
25
later
than
the
age
of
eighteen
years,
and
accompanied
by
26
deficits
in
adaptive
behavior.
27
For
purposes
of
this
section,
“mentally
ill”
means
the
28
condition
of
a
person
who
is
suffering
from
a
chronic
and
29
persistent
serious
mental
disease
or
disorder
and
who,
by
30
reason
of
that
condition,
lacks
sufficient
judgment
to
make
31
responsible
decisions
regarding
treatment
and
is
reasonably
32
likely
to
injure
the
person’s
self
or
others
who
may
come
into
33
contact
with
the
person
if
the
person
is
allowed
to
remain
at
34
liberty
without
treatment.
35
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Sec.
12.
NEW
SECTION
.
902.16
Data
collection
for
death
1
penalty.
2
1.
The
supreme
court
shall
collect
data
on
all
multiple
3
offenses
of
murder
and
sexual
abuse
charges
in
which
the
death
4
penalty
is
or
was
not
waived,
which
are
filed
and
processed
5
in
the
courts
in
this
state.
This
data
may
be
used
by
the
6
supreme
court
to
determine
whether
death
sentences
imposed
7
are
excessive
or
disproportionate,
or
under
the
influence
of
8
prejudice
under
section
814.28.
The
court
shall
make
this
data
9
available
to
litigants
in
death
penalty
cases.
10
2.
Data
collected
by
public
officials
concerning
factors
11
relevant
to
the
imposition
of
the
death
sentence
shall
be
made
12
publicly
available.
13
Sec.
13.
NEW
SECTION
.
903C.1
Executions
——
refusal
to
14
perform.
15
An
employee
of
the
state
who
may
lawfully
perform,
assist,
or
16
participate
in
the
execution
of
a
person
pursuant
to
section
17
902.1B,
and
rules
adopted
by
the
department
of
corrections,
18
shall
not
be
required
to
perform,
assist,
or
participate
in
19
the
execution.
State
employees
who
refuse
to
perform,
assist,
20
or
participate
in
the
execution
of
a
person
shall
not
be
21
discriminated
against
in
any
way,
including
but
not
limited
22
to
employment,
promotion,
advancement,
transfer,
licensing,
23
education,
training,
or
the
granting
of
any
privileges
or
24
appointments
because
of
the
refusal
to
perform,
assist,
or
25
participate
in
the
execution.
26
Sec.
14.
Section
904.105,
Code
2017,
is
amended
by
adding
27
the
following
new
subsection:
28
NEW
SUBSECTION
.
9A.
Adopt
rules
pursuant
to
chapter
17A
29
pertaining
to
executions
of
persons
convicted
of
the
multiple
30
offense
of
murder
and
sexual
abuse
under
section
902.15.
Rules
31
adopted
shall
include
but
are
not
limited
to
rules
permitting
32
the
witnessing
of
executions
by
members
of
the
public
and
the
33
victim’s
family.
Invitations
to
witness
an
execution
shall
at
34
least
be
extended
to
the
following
representatives
of
the
news
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media:
1
a.
A
representative
from
a
wire
service
serving
Iowa.
2
b.
A
representative
from
a
broadcasting
network
serving
3
Iowa.
4
c.
A
representative
from
a
television
station
located
in
5
Iowa.
6
d.
A
representative
from
a
radio
station
located
in
Iowa.
7
e.
A
representative
from
a
daily
newspaper
published
in
8
Iowa.
9
f.
A
representative
from
a
weekly
newspaper
published
in
10
Iowa.
11
g.
A
representative
from
the
news
media
from
the
community
12
in
which
the
condemned
person
resided,
if
that
community
is
13
located
in
Iowa.
14
Sec.
15.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
15
3,
shall
not
apply
to
this
Act.
16
Sec.
16.
SEVERABILITY.
If
any
provision
of
this
Act
or
the
17
application
thereof
to
any
person
is
invalid,
the
invalidity
18
shall
not
affect
the
provisions
or
application
of
this
Act
19
which
can
be
given
effect
without
the
invalid
provisions
or
20
application
and
to
this
end,
the
provisions
of
this
Act
are
21
severable.
22
Sec.
17.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
23
2018.
24
Sec.
18.
APPLICABILITY.
This
Act
applies
to
offenses
25
committed
on
or
after
the
effective
date
of
this
Act.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
amends
the
Iowa
criminal
code
to
provide
for
30
punishment
by
death
for
the
multiple
offense
of
murder
in
the
31
first
degree
and
sexual
abuse
committed
by
a
person
age
18
or
32
older
with
respect
to
the
same
victim
if
the
trial
jury,
or
33
the
judge
if
there
is
no
jury,
makes
specific
findings
and
34
whether
the
jury
believes
the
defendant
should
be
put
to
death
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in
a
separate
penalty
proceeding
held
after
the
close
of
the
1
initial
trial
proceeding.
Under
the
bill,
a
death
sentence
2
could
be
imposed
if
the
murder
would
constitute
murder
in
the
3
first
degree
and
the
state
pleads
and
proves
the
defendant
also
4
committed
sexual
abuse
against
the
murder
victim.
5
The
bill
provides
that
in
order
to
receive
a
sentence
of
6
death,
the
defendant
must
be
at
least
18
years
of
age
at
the
7
time
the
offense
is
committed,
must
not
be
mentally
ill
or
8
intellectually
disabled,
and
must
have
been
a
major
participant
9
in
the
commission
of
the
crime
or
must
have
shown
a
manifest
10
indifference
to
human
life.
11
If
a
person
is
indigent
and
is
charged
with
capital
murder,
12
payment
of
costs
for
two
attorneys
is
authorized.
The
supreme
13
court
is
required
to
establish
standards
for
the
competency
of
14
counsel
in
death
penalty
cases.
The
state
public
defender
is
15
charged
with
establishing
teams
of
qualified
lead
and
cocounsel
16
for
death
penalty
cases,
as
well
as
conducting
or
sponsoring
17
specialized
training
programs
for
attorneys
representing
18
persons
who
may
be
executed.
19
If
such
a
case
proceeds
to
trial
and
a
notice
of
intent
20
to
seek
the
death
penalty
has
been
filed,
in
addition
to
21
any
other
defenses
which
may
be
presented
to
the
charge,
the
22
defendant
may
raise
the
issue
of
intellectual
disability
or
23
mental
illness
during
the
time
of
filing
pretrial
motions,
24
and
the
defendant
is
entitled
to
a
rebuttable
presumption
of
25
intellectual
disability
if
the
defendant
establishes
that
the
26
defendant
has
an
intelligence
quotient
of
75
or
below.
27
Once
the
evidence
is
submitted
to
the
jury,
the
court
28
will
instruct
the
jury,
at
the
defendant’s
request,
that
in
29
considering
whether
a
sentence
of
death
is
justified,
the
30
race,
color,
religious
beliefs,
national
origin,
sex,
or
other
31
protected
classes
under
Code
chapter
216
of
the
defendant
or
32
of
any
victim
is
not
to
be
considered.
The
supreme
court
33
shall
collect
evidence
relating
to
whether
the
death
sentences
34
imposed
are
excessive,
disproportionate,
or
imposed
under
the
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influence
of
prejudice
at
trial
which
will
be
available
to
1
litigants.
2
The
sentence
of
death
is
imposed
only
when
the
trier
of
fact
3
(the
jury
or
the
court
if
the
defendant
has
waived
the
right
to
4
a
jury
trial)
unanimously
answers
two
questions
affirmatively:
5
(1)
whether
aggravating
circumstances
established
beyond
a
6
reasonable
doubt
outweigh
any
mitigating
circumstances
that
7
may
exist;
and
(2)
whether
the
defendant
should
be
sentenced
8
to
death.
Mitigating
factors
the
trier
of
fact
may
consider
9
include
the
following:
the
defendant
was
under
the
influence
10
of
an
extreme
mental
or
emotional
disturbance;
the
age
of
11
the
defendant;
the
defendant’s
ability
to
appreciate
the
12
wrongfulness
of
the
conduct
due
to
mental
disease
but
not
13
to
a
degree
to
constitute
a
defense;
the
defendant
has
no
14
significant
prior
criminal
history;
the
defendant
was
under
15
extreme
duress;
the
defendant
did
not
directly
commit
the
16
murder
and
sexual
abuse;
and
the
defendant’s
character
or
17
record
or
the
circumstances
of
the
offense.
The
sentencing
18
proceeding
is
conducted
separately
from
the
finding
of
guilt
or
19
innocence
by
the
same
trier
of
fact.
20
For
the
sentencing
proceeding,
the
trier
of
fact
(the
jury
21
or
the
court
if
the
defendant
has
waived
the
right
to
have
22
the
jury
hear
the
proceedings)
is
to
weigh
any
aggravating
23
circumstances
established
beyond
a
reasonable
doubt
by
the
24
state
against
any
of
the
enumerated
mitigating
circumstances
25
which
may
be
presented
by
the
defendant.
Evidence
of
certain
26
juvenile
delinquency
adjudications
is
not
admissible
in
any
27
proceeding
to
determine
the
sentence.
If
the
jury
fails
to
28
agree
unanimously
on
the
required
affirmative
findings,
the
29
penalty
imposed
would
be
life
imprisonment.
30
The
death
penalty
sentence
would
be
reviewed
automatically
31
by
the
supreme
court.
The
supreme
court
shall
review
the
trial
32
and
judgment
separately
from
the
sentencing
proceeding.
If
the
33
supreme
court
finds
error
in
the
sentencing
proceeding,
the
34
supreme
court
may
remand
the
case
back
to
district
court
for
a
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new
sentencing
hearing.
The
bill
requires
the
supreme
court
to
1
examine
whether
the
sentence
is
excessive
or
disproportionate
2
to
penalties
in
similar
cases.
If
affirmed
by
the
supreme
3
court,
the
penalty
would
be
accomplished
by
lethal
injection.
4
The
bill
requires
the
board
of
corrections
to
adopt
rules
5
pertaining
to
executions,
including
rules
pertaining
to
the
6
witnessing
of
executions.
7
A
person
who
is
sentenced
to
death,
but
who
is
pregnant
when
8
the
warrant
of
execution
is
issued,
is
not
to
be
executed
until
9
the
person
is
no
longer
pregnant.
A
procedure
is
also
provided
10
to
stay
execution
of
a
condemned
inmate
who
becomes
insane
11
after
conviction
but
before
execution.
12
An
employee
of
the
state
shall
not
be
required
to
perform
or
13
assist
in
any
execution
and
shall
not
be
discriminated
against
14
for
refusing
to
participate.
15
The
bill
strikes
provisions
in
Code
section
902.1(2),
(3),
16
and
(4)
relating
to
juvenile
class
“A”
felons
and
reinserts
the
17
provisions
unchanged
in
newly
created
Code
section
902.1B
in
18
the
bill.
Juvenile
felons
are
not
subject
to
imposition
of
a
19
sentence
of
death.
20
The
bill
may
include
a
state
mandate
as
defined
in
Code
21
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
22
subsection
3,
which
would
relieve
a
political
subdivision
from
23
complying
with
a
state
mandate
if
funding
for
the
cost
of
24
the
state
mandate
is
not
provided
or
specified.
Therefore,
25
political
subdivisions
are
required
to
comply
with
any
state
26
mandate
included
in
the
bill.
27
The
bill
contains
severability
provisions
and
takes
effect
28
January
1,
2018,
and
applies
only
to
applicable
offenses
29
committed
on
or
after
that
date.
30
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LSB
1944XS
(2)
87
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