H.F. 62 Section 1. Section 13.2, subsection 1, Code 2019, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . 0c. Prosecute and defend all actions and 3 proceedings involving capital murder as defined in section 4 902.15, when in the attorney general’s judgment, the interest 5 of the state requires the attorney general to intervene on 6 behalf of the county attorney, or upon request by the county 7 attorney. 8 Sec. 2. Section 13B.4, Code 2019, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 6A. The state public defender shall perform 11 all of the following duties with respect to the appointment of 12 counsel for indigent persons in cases in which a sentence of 13 death may be or is to be imposed: 14 a. Provide or contract with attorneys for appointment as 15 lead counsel and cocounsel to provide legal services in cases 16 where a person is charged with capital murder under section 17 902.15, and the state has given notice of intent to seek the 18 death penalty or in cases in which a sentence of death is to be 19 imposed. 20 b. Conduct or sponsor specialized training programs for 21 attorneys representing persons who may be executed. 22 Sec. 3. NEW SECTION . 602.10112 Qualifications of counsel 23 in capital murder cases. 24 The supreme court shall prescribe rules which establish 25 minimum standards and procedures by which attorneys may become 26 qualified to provide legal services as lead counsel in cases in 27 which a sentence of death may be or is to be imposed. 28 Sec. 4. NEW SECTION . 812A.1 Procedure to determine sanity 29 of condemned inmate. 30 1. At any time prior to execution of an inmate under section 31 902.1A, if the director of the department of corrections or 32 the counsel for a person who is under a sentence of execution 33 has cause to believe that the inmate is suffering from such 34 a diseased or deranged condition of the mind as to prevent 35 -1- LSB 1863YH (2) 88 as/rh 1/ 17

H.F. 62 the defendant from knowing the nature and quality of the act 1 the defendant has been convicted of, or from understanding 2 that trial on the offense has taken place and that execution 3 proceedings are about to take place, or to otherwise cause the 4 defendant to lack the capacity to understand the sentence which 5 has been imposed and to participate in any legal proceedings 6 relating to the sentence, the director or counsel may file a 7 request with the court that issued the warrant for execution 8 for a determination of the inmate’s sanity. If the court 9 determines that there is not sufficient reason to believe 10 that the inmate is insane, the court shall enter an order 11 denying the request and shall state the grounds for denying the 12 request. If the court believes that there is sufficient reason 13 to believe that the inmate is insane, the court shall suspend 14 the execution and conduct a hearing to determine the sanity of 15 the inmate. 16 2. At the hearing, the court shall determine the issue of 17 the inmate’s sanity. Prior to the hearing, the court shall 18 appoint two licensed physicians or licensed psychologists, or 19 one licensed physician and one licensed psychologist, who are 20 qualified by training and practice, for purposes of conducting 21 a psychiatric or psychological examination of the inmate. The 22 physicians or psychologists shall examine the inmate and report 23 any findings in writing to the court within ten days after 24 the order of examination is issued. The inmate shall have 25 the right to present evidence and cross-examine any witnesses 26 at the hearing. Any statement made by the inmate during the 27 course of any examination provided for in this section, whether 28 or not the inmate consents to the examination, shall not be 29 admitted into evidence against the inmate in any criminal 30 proceeding for purposes other than a determination of the 31 inmate’s sanity. 32 3. If, at the conclusion of a hearing held pursuant to 33 this section, the court determines that the inmate is sane, 34 the court shall enter an order setting a date for the inmate’s 35 -2- LSB 1863YH (2) 88 as/rh 2/ 17

H.F. 62 execution, which shall be carried into effect in the same 1 manner as provided in the original sentence. A copy of the 2 order shall be sent to the director of the department of 3 corrections and the governor. 4 4. If, at the conclusion of a hearing held pursuant to this 5 section, the court determines that the inmate is insane, the 6 court shall suspend the execution until further order. At any 7 time after issuance of the order, if the court has sufficient 8 reason to believe that the inmate has become sane, the court 9 shall again determine the sanity of the inmate as provided 10 by this section. Proceedings pursuant to this section may 11 continue to be held at such times as the court orders until 12 it is either determined that the inmate is sane or incurably 13 insane. 14 Sec. 5. NEW SECTION . 814.28 Review of capital murder death 15 sentence. 16 1. In a case in which a sentence of death is imposed, the 17 supreme court shall automatically review the judgment and 18 sentence. The court’s review of the case shall be de novo. The 19 case shall not be transferred to the court of appeals. 20 2. A review by the supreme court of a judgment and sentence 21 imposing the punishment of death has priority over all other 22 criminal and other actions pending before the supreme court. 23 3. The supreme court shall review the trial and judgment, 24 and shall separately review the sentencing proceeding. Upon 25 determining that errors did not occur at the trial requiring 26 reversal or modification of the judgment, the supreme court 27 shall proceed to determine if the sentence of death is lawfully 28 imposed. In its review of the sentencing proceeding the 29 supreme court shall determine all of the following: 30 a. Whether the sentence of death was imposed capriciously or 31 under the influence of prejudice or other arbitrary factor. 32 b. Whether the special verdicts returned under section 33 901E.1 are supported by the evidence. 34 c. Whether the sentence of death is excessive or 35 -3- LSB 1863YH (2) 88 as/rh 3/ 17

H.F. 62 disproportionate to the penalty imposed in similar cases, 1 considering both the crime and the defendant. 2 4. If the supreme court determines that the sentence of 3 death was not lawfully imposed, the supreme court shall set 4 aside the sentence and shall remand the case to the trial 5 court for a second sentencing proceeding to determine if the 6 imposition of death is warranted. 7 5. If the supreme court affirms the judgment and sentence 8 of death, the clerk of the supreme court shall certify the 9 judgment of the supreme court under the seal of the supreme 10 court to the clerk of the trial court. 11 Sec. 6. Section 815.10, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. If two attorneys have not already been 14 appointed pursuant to section 13B.4 or 13B.9, the court shall 15 appoint, for each indigent person who is charged with capital 16 murder under section 902.15, and in which a notice of intent 17 to seek the death penalty has been filed, two attorneys who 18 are qualified under section 602.10112 to represent the person 19 in the proceedings and in all state legal proceedings which 20 take place from the time the person is indicted or arraigned 21 until the person is sentenced on the charge. In addition, if 22 at any point in federal postconviction proceedings an indigent 23 person is not afforded court-appointed counsel, the state shall 24 provide counsel to the person to present any claims determined 25 meritorious by the federal court if the person is not otherwise 26 represented by legal counsel. Only private attorneys and 27 public defenders who are qualified to provide representation in 28 cases in which the death penalty may be imposed are eligible 29 for appointment or assignment to a case in which the death 30 penalty may be imposed. 31 Sec. 7. NEW SECTION . 901E.1 Capital murder proceedings —— 32 request for death penalty —— penalty proceedings. 33 1. As used in this section: 34 a. “Intellectually disabled” means the same as defined in 35 -4- LSB 1863YH (2) 88 as/rh 4/ 17

H.F. 62 section 902.15. 1 b. “Mentally ill” or “mental illness” means the same as 2 defined in section 902.15. 3 2. If a notice of intent to seek the death penalty has 4 been filed, objections to the imposition of the death penalty 5 based upon allegations that a defendant was intellectually 6 disabled or mentally ill at the time of the commission of 7 the offense shall be raised within the time provided for the 8 filing of pretrial motions under rule of criminal procedure 9 2.11, Iowa court rules. The court may, for good cause shown, 10 allow late filing of the motion. Hearing on the motion shall 11 be held prior to trial and the burden of proof shall be on the 12 defendant to prove intellectual disability or mental illness 13 by a preponderance of the evidence. If the court finds that 14 the defendant is intellectually disabled, the defendant, if 15 convicted of capital murder under section 902.15, shall not be 16 sentenced to death but shall be sentenced to life imprisonment 17 in the manner provided in section 902.1. A finding by the 18 court that the evidence presented by the defendant at the 19 hearing does not preclude the imposition of the death penalty 20 under this section and section 902.15 shall not preclude the 21 introduction of evidence of intellectual disability or mental 22 illness during the penalty proceeding. If the court finds 23 that evidence of intellectual disability or mental illness 24 does not preclude imposition of the death penalty, evidence of 25 intellectual disability or mental illness may be reviewed by 26 the jury in the penalty proceeding and the jury shall not be 27 informed of the finding in the initial proceeding at any time 28 during the penalty proceeding. 29 3. If at the trial on a charge of capital murder under 30 section 902.15, the state intends to request that the death 31 penalty be imposed under section 902.1A, the prosecutor shall 32 file a notice of intent to seek the death penalty, at the time 33 of and as part of the information or indictment filed in the 34 case. 35 -5- LSB 1863YH (2) 88 as/rh 5/ 17

H.F. 62 4. If a notice of intent to seek the death penalty has been 1 filed, the trial shall be conducted in bifurcated proceedings 2 before the same trier of fact. During the initial proceeding, 3 the jury, or the court if the defendant waives the right to a 4 jury trial, shall decide only whether the defendant is guilty 5 or not guilty of capital murder under section 902.15. 6 a. If, in the initial proceeding, the court or jury finds 7 the defendant guilty of, or the defendant pleads guilty to, 8 an offense other than capital murder under section 902.15, 9 the court shall sentence the defendant in accordance with the 10 sentencing procedures set forth in rule of criminal procedure 11 2.23, Iowa court rules, and chapters 901 through 909, which are 12 applicable to the offense. 13 b. If the court or jury finds the defendant guilty of, or 14 the defendant pleads guilty to, capital murder under section 15 902.15, but the prosecuting attorney waives the death penalty, 16 the court shall sentence the defendant to life imprisonment in 17 accordance with the sentencing procedures set forth in rule of 18 criminal procedure 2.23, Iowa court rules, and chapters 901 19 through 909, which are otherwise applicable to convictions of 20 murder in the first degree. 21 c. If the court or jury finds the defendant guilty of 22 capital murder under section 902.15, or a defendant enters a 23 plea of guilty in the initial proceeding, and the prosecuting 24 attorney does not waive imposition of the death penalty, a 25 penalty proceeding shall be held in the manner provided in 26 subsections 5 through 13. 27 5. No sooner than twenty-four hours after a verdict of 28 guilty or a plea of guilty to capital murder under section 29 902.15 is returned in the initial proceeding, a penalty 30 proceeding shall be held to determine whether the defendant 31 shall be sentenced to death or to life imprisonment. The 32 proceeding shall be conducted in the trial court before the 33 trial jury, or before the court if the defendant has waived 34 the right to a jury trial or has waived the right for the 35 -6- LSB 1863YH (2) 88 as/rh 6/ 17

H.F. 62 proceeding to be before the trial jury. Both the state and the 1 defendant shall have the right to present opening statements 2 at the commencement of the proceeding. In the proceeding, 3 evidence relevant to the existence of any aggravating or 4 mitigating circumstances may be presented as follows: 5 a. The state or the defendant may present evidence relevant 6 to the conviction of capital murder under section 902.15 and 7 any aggravating circumstances other than juvenile delinquency 8 adjudications for offenses which carry penalties equivalent to 9 the penalties imposed for simple or serious misdemeanors. The 10 state may introduce evidence of the actual harm caused by the 11 commission of the capital murder offense under section 902.15, 12 including but not limited to evidence relating to the life of 13 the victim and the impact of the loss of the victim to the 14 victim’s family and society. 15 b. The defendant may present evidence that the defendant 16 was intellectually disabled or mentally ill at the time of the 17 commission of the offense. The burden of proof shall be on the 18 defendant to prove intellectual disability or mental illness by 19 a preponderance of the evidence. 20 c. The state or the defendant may present evidence relevant 21 to any mitigating circumstances which may exist. Mitigating 22 circumstances may include the following circumstances: 23 (1) The defendant was under the influence of an extreme 24 mental or emotional disturbance insufficient to constitute a 25 defense. 26 (2) The age of the defendant at the time of the offense. 27 (3) The defendant’s capacity to appreciate the wrongfulness 28 of the defendant’s conduct and to conform that conduct to the 29 requirements of law was significantly impaired as a result of a 30 mental disease or defect or intellectual disability, but not to 31 a degree sufficient to constitute a defense. 32 (4) The defendant has no significant history of prior adult 33 criminal activity. 34 (5) The defendant acted under extreme duress or under the 35 -7- LSB 1863YH (2) 88 as/rh 7/ 17

H.F. 62 substantial domination of another person. 1 (6) The defendant did not directly commit the capital murder 2 offense and the defendant did not intend to kill or anticipate 3 that lethal force would be used. 4 (7) Any other factor which is relevant to the defendant’s 5 character or record or to the circumstances of the offense. 6 d. The state and the defendant or the defendant’s counsel 7 shall be permitted to present and cross-examine witnesses and 8 present arguments for or against a sentence of death. Evidence 9 regarding aggravating and mitigating circumstances shall not 10 be governed by the rules governing admissibility of evidence, 11 except that introduction of evidence secured in violation of 12 the Constitution of the United States or of the Constitution of 13 the State of Iowa shall not be permitted. 14 6. At the conclusion of presentation of evidence in 15 the penalty proceeding, the state and the defendant or the 16 defendant’s counsel shall be permitted to make closing 17 arguments, including any rebuttal arguments, in the same manner 18 as in the initial proceeding and the following issues shall be 19 determined by the jury or by the court if there is no jury: 20 a. Whether the aggravating circumstance or circumstances 21 have been established beyond a reasonable doubt and outweigh 22 any one or more mitigating circumstances. 23 b. Whether the defendant shall be sentenced to death. 24 7. A recommendation for a sentence of death shall not be 25 permitted if the recommendation is based on the race, color, 26 religious beliefs, national origin, or sex of the defendant 27 or of any victim, or based on any other protected class under 28 chapter 216. After submission of the issues, but prior to the 29 return of a finding in the penalty proceeding, if the matter 30 is tried before a jury, the court shall instruct the jury 31 that in considering whether a sentence of death is justified, 32 the jury shall not consider race, color, religious beliefs, 33 national origin, or sex of the defendant or of any victim, or 34 consider any other protected class under chapter 216. The 35 -8- LSB 1863YH (2) 88 as/rh 8/ 17

H.F. 62 court shall further instruct the jury that the jury shall not 1 return a sentence of death unless the jury concludes that such 2 a sentence would be recommended no matter what the race, color, 3 religious beliefs, national origin, sex, or other protected 4 class of the defendant or of any victim may be. 5 8. After submission of the issues, but prior to the 6 commencement of the jury deliberations in the penalty 7 proceeding, the court shall instruct the jury that if the 8 defendant is not sentenced to death, the court is required by 9 law to impose a sentence of imprisonment until death without 10 parole. The court shall further instruct the jury that 11 the sentence of imprisonment until death without parole is 12 required by law if the jury fails to reach a unanimous verdict 13 recommending a sentence of death. 14 9. Concurrently with the return of the findings on the 15 issues submitted under subsection 6, the jury, or the court if 16 there is no jury, shall return special verdicts as follows: 17 a. Which aggravating circumstances were established beyond a 18 reasonable doubt and were considered in reaching the verdict. 19 b. Which mitigating circumstances were established and 20 were considered in reaching the verdict returned on the issue 21 specified in subsection 6, paragraph “a” . 22 10. If the jury, or the court if there is no jury, returns 23 a unanimous affirmative finding on each of the issues submitted 24 under subsection 6, paragraphs “a” and “b” , the court shall 25 enter a judgment of conviction and shall sentence the defendant 26 to death as provided in section 902.1A. 27 11. However, if evidence that the defendant was not a 28 major participant in the commission of the capital murder 29 under section 902.15, and that the defendant’s conduct did not 30 manifest a reckless indifference to human life is presented 31 to the jury, or to the court if there is no jury, the jury or 32 the court shall also return a special verdict on the issue. 33 If the jury unanimously determines, or the court if there is 34 no jury, determines that a preponderance of evidence exists 35 -9- LSB 1863YH (2) 88 as/rh 9/ 17

H.F. 62 that shows that the defendant was not a major participant in 1 the commission of the capital murder under section 902.15, 2 and that the defendant’s conduct did not manifest a reckless 3 indifference to human life, the court shall enter a judgment 4 of conviction and shall sentence the defendant to life 5 imprisonment as provided in section 902.1, even if the jury or 6 the court returns unanimous affirmative findings on each of the 7 issues submitted under subsection 6. 8 12. If the jury, or the court if there is no jury, returns 9 a negative finding on any of the issues submitted under 10 subsection 6, paragraph “a” or “b” , the court shall enter a 11 judgment of conviction and shall sentence the defendant to life 12 imprisonment as provided in section 902.1. 13 13. After a verdict has been rendered it shall be recorded 14 on the jury verdict form and shall be read and recorded in open 15 court. The jurors shall be collectively asked by the court 16 whether the verdict returned is their true and correct verdict. 17 Even though no juror makes any declaration to the contrary, the 18 jury shall, if either party so requests, be polled and each 19 juror shall be separately asked whether the verdict rendered by 20 the jury foreperson is the juror’s true and correct verdict. 21 If, upon either the collective or the separate inquiry, any 22 juror denies that the verdict is the juror’s verdict, the court 23 shall refuse to accept the verdict. The court may direct 24 inquiry or permit inquiry by counsel to ascertain whether any 25 juror has been subjected to coercion or has become confused 26 during the jury deliberation process. The court may, as 27 appropriate, direct the jury to resume deliberation in the 28 case. If no disagreement on the verdict is expressed by any of 29 the jurors, the court shall discharge the jury. 30 Sec. 8. Section 902.1, subsection 1, Code 2019, is amended 31 to read as follows: 32 1. Upon Except as provided in section 902.1A, a plea of 33 guilty, a verdict of guilty, or a special verdict upon which a 34 judgment of conviction of a class “A” felony may be rendered, 35 -10- LSB 1863YH (2) 88 as/rh 10/ 17

H.F. 62 the court shall enter a judgment of conviction and shall commit 1 the defendant into the custody of the director of the Iowa 2 department of corrections for the rest of the defendant’s 3 life. Nothing in the Iowa corrections code pertaining to 4 deferred judgment, deferred sentence, suspended sentence, or 5 reconsideration of sentence applies to a class “A” felony, and 6 a person convicted of a class “A” felony shall not be released 7 on parole unless the governor commutes the sentence to a term 8 of years. 9 Sec. 9. NEW SECTION . 902.1A Capital murder —— death 10 penalty. 11 1. For the purposes of this section, “lethal injection” 12 means a continuous intravenous injection of a lethal substance 13 sufficient to cause death. 14 2. Notwithstanding section 902.1, upon return of a plea 15 or verdict of guilty to capital murder under section 902.15, 16 and a return of a verdict in favor of a sentence of death in 17 a penalty proceeding conducted as provided in section 901E.1, 18 the court shall enter a judgment of conviction and shall commit 19 the defendant into the custody of the director of the Iowa 20 department of corrections. The sentence shall be carried out 21 by the administration of a lethal injection pursuant to rules 22 adopted by the board of corrections. If a defendant, for whom 23 a warrant of execution is issued, is pregnant, the execution 24 shall not take place until after the defendant is no longer 25 pregnant. If a defendant, for whom a warrant of execution is 26 issued, is suffering from such a diseased or deranged condition 27 of the mind as to prevent the defendant from knowing the nature 28 and quality of the act the defendant has been convicted of, 29 or from understanding that trial on the offense has taken 30 place and that execution proceedings are about to take place, 31 or to otherwise cause the defendant to lack the capacity 32 to understand the sentence which has been imposed and to 33 participate in any legal proceedings relating to the sentence, 34 the execution shall not take place until after the defendant’s 35 -11- LSB 1863YH (2) 88 as/rh 11/ 17

H.F. 62 capacity is restored. If the director of the department of 1 corrections or the defendant’s counsel files a request with the 2 court which issued the warrant of execution, alleging that the 3 defendant suffers from such a diseased or deranged condition, a 4 hearing on the matter shall be held in the manner provided in 5 section 812A.1. 6 Sec. 10. NEW SECTION . 902.15 Capital murder. 7 1. As used in this section: 8 a. (1) “Capital murder” means any murder that makes a 9 person eligible for the death penalty. 10 (2) A person is eligible for the death penalty when a person 11 is convicted of murder in the first degree in violation of 12 section 707.2. 13 b. “Intellectually disabled” means significant subaverage 14 general intellectual functioning accompanied by significant 15 deficits or impairments in adaptive functioning manifested in 16 the developmental period, but no later than the age of eighteen 17 years, and accompanied by deficits in adaptive behavior. 18 c. “Mentally ill” means the condition of a person who 19 is suffering from a chronic and persistent serious mental 20 disease or disorder and who, by reason of that condition, lacks 21 sufficient judgment to make responsible decisions regarding 22 treatment and is reasonably likely to injure the person’s self 23 or others who may come into contact with the person if the 24 person is allowed to remain at liberty without treatment. 25 2. A person who commits capital murder, who is not 26 intellectually disabled or mentally ill, and who is age 27 eighteen or older at the time of the murder in the first 28 degree, shall be eligible for a sentence of death under section 29 902.1A. 30 Sec. 11. NEW SECTION . 902.16 Data collection for capital 31 murder —— death penalty. 32 1. The supreme court shall collect data on all capital 33 murder charges in which the death penalty is or was not waived, 34 which are filed and processed in the courts in this state. 35 -12- LSB 1863YH (2) 88 as/rh 12/ 17

H.F. 62 This data may be used by the supreme court to determine whether 1 death sentences imposed are excessive or disproportionate, or 2 under the influence of prejudice under section 814.28. The 3 court shall make this data available to litigants in death 4 penalty cases. 5 2. Data collected by public officials concerning factors 6 relevant to the imposition of the death sentence shall be made 7 publicly available. 8 Sec. 12. NEW SECTION . 903C.1 Executions —— refusal to 9 perform. 10 An employee of the state who may lawfully perform, assist, or 11 participate in the execution of a person pursuant to section 12 902.1A, and rules adopted by the department of corrections, 13 shall not be required to perform, assist, or participate in 14 the execution. State employees who refuse to perform, assist, 15 or participate in the execution of a person shall not be 16 discriminated against in any way, including but not limited 17 to employment, promotion, advancement, transfer, licensing, 18 education, training, or the granting of any privileges or 19 appointments because of the refusal to perform, assist, or 20 participate in the execution. 21 Sec. 13. Section 904.105, Code 2019, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 9A. Adopt rules pursuant to chapter 17A 24 pertaining to executions of persons convicted of capital murder 25 under section 902.15. Rules adopted shall include but are not 26 limited to rules permitting the witnessing of executions by 27 members of the public and the victim’s family. Invitations 28 to witness an execution shall at least be extended to the 29 following representatives of the news media: 30 a. A representative from a wire service serving Iowa. 31 b. A representative from a broadcasting network serving 32 Iowa. 33 c. A representative from a television station located in 34 Iowa. 35 -13- LSB 1863YH (2) 88 as/rh 13/ 17

H.F. 62 d. A representative from a radio station located in Iowa. 1 e. A representative from a daily newspaper published in 2 Iowa. 3 f. A representative from a weekly newspaper published in 4 Iowa. 5 g. A representative from the news media from the community 6 in which the condemned person resided, if that community is 7 located in Iowa. 8 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3, shall not apply to this Act. 10 Sec. 15. SEVERABILITY. If any provision of this Act or the 11 application thereof to any person is invalid, the invalidity 12 shall not affect the provisions or application of this Act 13 which can be given effect without the invalid provisions or 14 application and to this end, the provisions of this Act are 15 severable. 16 Sec. 16. EFFECTIVE DATE. This Act takes effect January 1, 17 2020. 18 Sec. 17. APPLICABILITY. This Act applies to offenses 19 committed on or after the effective date of this Act. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill amends the Iowa criminal code to provide for 24 punishment by death for capital murder committed by a person 25 age 18 or older if the trial jury, or the judge if there 26 is no jury, makes specific findings and whether the jury 27 believes the defendant should be put to death in a separate 28 penalty proceeding held after the close of the initial trial 29 proceeding. Under the bill, a death sentence could be imposed 30 if the murder would constitute murder in the first degree. 31 The bill provides that in order to receive a sentence of 32 death, the defendant must be at least 18 years of age at the 33 time the murder in the first degree was committed, must not be 34 mentally ill or intellectually disabled, and must have been a 35 -14- LSB 1863YH (2) 88 as/rh 14/ 17

H.F. 62 major participant in the commission of the crime or must have 1 shown a manifest indifference to human life. 2 The bill specifies that the attorney general may prosecute 3 all actions and proceedings involving capital murder, when 4 in the attorney general’s judgment the interest of the state 5 requires the attorney general to intervene on behalf of the 6 county attorney, or upon request by the county attorney. 7 If a person is indigent and is charged with capital murder, 8 payment of costs for two attorneys is authorized. The supreme 9 court is required to establish standards for the competency of 10 counsel in death penalty cases. The state public defender is 11 charged with establishing teams of qualified lead and cocounsel 12 for death penalty cases, as well as conducting or sponsoring 13 specialized training programs for attorneys representing 14 persons who may be executed. 15 If a capital murder case proceeds to trial and a notice of 16 intent to seek the death penalty has been filed, in addition to 17 any other defenses which may be presented to the charge, the 18 defendant may raise the issue of intellectual disability or 19 mental illness during the time of filing pretrial motions. 20 Once the evidence is submitted to the jury, the court 21 will instruct the jury, at the defendant’s request, that in 22 considering whether a sentence of death is justified, the 23 race, color, religious beliefs, national origin, sex, or other 24 protected classes under Code chapter 216 of the defendant or 25 of any victim is not to be considered. The supreme court 26 shall collect evidence relating to whether the death sentences 27 imposed are excessive, disproportionate, or imposed under the 28 influence of prejudice at trial which will be available to 29 litigants. 30 The sentence of death is imposed only when the trier of fact 31 (the jury or the court if the defendant has waived the right to 32 a jury trial) unanimously answers two questions affirmatively: 33 (1) whether aggravating circumstances established beyond 34 a reasonable doubt outweigh any mitigating circumstances 35 -15- LSB 1863YH (2) 88 as/rh 15/ 17

H.F. 62 that may exist; and (2) whether the defendant should be 1 sentenced to death. Mitigating factors the trier of fact may 2 consider include the following: the defendant was under the 3 influence of an extreme mental or emotional disturbance; the 4 age of the defendant; the defendant’s ability to appreciate 5 the wrongfulness of the conduct due to mental disease but 6 not to a degree to constitute a defense; the defendant has 7 no significant prior criminal history; the defendant was 8 under extreme duress; the defendant did not directly commit 9 the murder; and the defendant’s character or record or the 10 circumstances of the offense. The sentencing proceeding is 11 conducted separately from the finding of guilt or innocence by 12 the same trier of fact. 13 For the sentencing proceeding, the trier of fact (the jury 14 or the court if the defendant has waived the right to have 15 the jury hear the proceedings) is to weigh any aggravating 16 circumstances established beyond a reasonable doubt by the 17 state against any of the enumerated mitigating circumstances 18 which may be presented by the defendant. Evidence of certain 19 juvenile delinquency adjudications is not admissible in any 20 proceeding to determine the sentence. If the jury fails to 21 agree unanimously on the required affirmative findings, the 22 penalty imposed would be life imprisonment. 23 The death penalty sentence would be reviewed automatically 24 by the supreme court. The supreme court shall review the trial 25 and judgment separately from the sentencing proceeding. If the 26 supreme court finds error in the sentencing proceeding, the 27 supreme court may remand the case back to district court for a 28 new sentencing hearing. The bill requires the supreme court to 29 examine whether the sentence is excessive or disproportionate 30 to penalties in similar cases. If affirmed by the supreme 31 court, the penalty would be accomplished by lethal injection. 32 The bill requires the board of corrections to adopt rules 33 pertaining to executions, including rules pertaining to the 34 witnessing of executions. 35 -16- LSB 1863YH (2) 88 as/rh 16/ 17

H.F. 62 A person who is sentenced to death, but who is pregnant when 1 the warrant of execution is issued, is not to be executed until 2 the person is no longer pregnant. A procedure is also provided 3 to stay execution of a condemned inmate who becomes insane 4 after conviction but before execution. 5 An employee of the state shall not be required to perform or 6 assist in any execution and shall not be discriminated against 7 for refusing to participate. 8 The bill may include a state mandate as defined in Code 9 section 25B.3. The bill makes inapplicable Code section 25B.2, 10 subsection 3, which would relieve a political subdivision from 11 complying with a state mandate if funding for the cost of 12 the state mandate is not provided or specified. Therefore, 13 political subdivisions are required to comply with any state 14 mandate included in the bill. 15 The bill contains severability provisions and takes effect 16 January 1, 2020, and applies only to offenses committed on or 17 after that date. 18 -17- LSB 1863YH (2) 88 as/rh 17/ 17