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 TLSB 1944XS (2) 87 jm/rj

S.F. 336 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 35 -1- LSB 1944XS (2) 87 jm/rj 1/ 21

S.F. 336 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 35 -2- LSB 1944XS (2) 87 jm/rj 2/ 21

S.F. 336 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 35 -3- LSB 1944XS (2) 87 jm/rj 3/ 21

S.F. 336 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 35 -4- LSB 1944XS (2) 87 jm/rj 4/ 21

S.F. 336 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 35 -5- LSB 1944XS (2) 87 jm/rj 5/ 21

S.F. 336 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 35 -6- LSB 1944XS (2) 87 jm/rj 6/ 21

S.F. 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 -7- LSB 1944XS (2) 87 jm/rj 7/ 21

S.F. 336 (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 35 -8- LSB 1944XS (2) 87 jm/rj 8/ 21

S.F. 336 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 -9- LSB 1944XS (2) 87 jm/rj 9/ 21

S.F. 336 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 35 -10- LSB 1944XS (2) 87 jm/rj 10/ 21

S.F. 336 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). 35 -11- LSB 1944XS (2) 87 jm/rj 11/ 21

S.F. 336 (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 -12- LSB 1944XS (2) 87 jm/rj 12/ 21

S.F. 336 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 -13- LSB 1944XS (2) 87 jm/rj 13/ 21

S.F. 336 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 35 -14- LSB 1944XS (2) 87 jm/rj 14/ 21

S.F. 336 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 35 -15- LSB 1944XS (2) 87 jm/rj 15/ 21

S.F. 336 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 -16- LSB 1944XS (2) 87 jm/rj 16/ 21

S.F. 336 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 35 -17- LSB 1944XS (2) 87 jm/rj 17/ 21

S.F. 336 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 35 -18- LSB 1944XS (2) 87 jm/rj 18/ 21

S.F. 336 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 35 -19- LSB 1944XS (2) 87 jm/rj 19/ 21