H.F. 271 Section 1. Section 13.2, subsection 1, Code 2021, 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 2021, 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. Section 707.2, subsection 1, paragraph d, Code 2021, 29 is amended to read as follows: 30 d. The person intentionally kills a peace officer, 31 correctional officer, public employee, or hostage while the 32 person is imprisoned in a correctional institution under the 33 jurisdiction of the Iowa department of corrections, or in a 34 city or county jail. 35 -1- LSB 1932YH (3) 89 as/rh 1/ 17

H.F. 271 Sec. 5. Section 707.2, subsection 1, Code 2021, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . g. The person intentionally kills a 3 peace officer, who is on duty, under any circumstances, with 4 knowledge that the person killed is a peace officer. 5 Sec. 6. NEW SECTION . 812A.1 Procedure to determine sanity 6 of condemned inmate. 7 1. At any time prior to execution of an inmate under section 8 902.1A, if the director of the department of corrections or 9 the counsel for a person who is under a sentence of execution 10 has cause to believe that the inmate is suffering from such 11 a diseased or deranged condition of the mind as to prevent 12 the defendant from knowing the nature and quality of the act 13 the defendant has been convicted of, or from understanding 14 that trial on the offense has taken place and that execution 15 proceedings are about to take place, or to otherwise cause the 16 defendant to lack the capacity to understand the sentence which 17 has been imposed and to participate in any legal proceedings 18 relating to the sentence, the director or counsel may file a 19 request with the court that issued the warrant for execution 20 for a determination of the inmate’s sanity. If the court 21 determines that there is not sufficient reason to believe 22 that the inmate is insane, the court shall enter an order 23 denying the request and shall state the grounds for denying the 24 request. If the court believes that there is sufficient reason 25 to believe that the inmate is insane, the court shall suspend 26 the execution and conduct a hearing to determine the sanity of 27 the inmate. 28 2. At the hearing, the court shall determine the issue of 29 the inmate’s sanity. Prior to the hearing, the court shall 30 appoint two licensed physicians or licensed psychologists, or 31 one licensed physician and one licensed psychologist, who are 32 qualified by training and practice, for purposes of conducting 33 a psychiatric or psychological examination of the inmate. The 34 physicians or psychologists shall examine the inmate and report 35 -2- LSB 1932YH (3) 89 as/rh 2/ 17

H.F. 271 any findings in writing to the court within ten days after 1 the order of examination is issued. The inmate shall have 2 the right to present evidence and cross-examine any witnesses 3 at the hearing. Any statement made by the inmate during the 4 course of any examination provided for in this section, whether 5 or not the inmate consents to the examination, shall not be 6 admitted into evidence against the inmate in any criminal 7 proceeding for purposes other than a determination of the 8 inmate’s sanity. 9 3. If, at the conclusion of a hearing held pursuant to 10 this section, the court determines that the inmate is sane, 11 the court shall enter an order setting a date for the inmate’s 12 execution, which shall be carried into effect in the same 13 manner as provided in the original sentence. A copy of the 14 order shall be sent to the director of the department of 15 corrections and the governor. 16 4. If, at the conclusion of a hearing held pursuant to this 17 section, the court determines that the inmate is insane, the 18 court shall suspend the execution until further order. At any 19 time after issuance of the order, if the court has sufficient 20 reason to believe that the inmate has become sane, the court 21 shall again determine the sanity of the inmate as provided 22 by this section. Proceedings pursuant to this section may 23 continue to be held at such times as the court orders until 24 it is either determined that the inmate is sane or incurably 25 insane. 26 Sec. 7. NEW SECTION . 814.30 Review of capital murder death 27 sentence. 28 1. In a case in which a sentence of death is imposed, the 29 supreme court shall automatically review the judgment and 30 sentence. The court’s review of the case shall be de novo. The 31 case shall not be transferred to the court of appeals. 32 2. A review by the supreme court of a judgment and sentence 33 imposing the punishment of death has priority over all other 34 criminal and other actions pending before the supreme court. 35 -3- LSB 1932YH (3) 89 as/rh 3/ 17

H.F. 271 3. The supreme court shall review the trial and judgment, 1 and shall separately review the sentencing proceeding. Upon 2 determining that errors did not occur at the trial requiring 3 reversal or modification of the judgment, the supreme court 4 shall proceed to determine if the sentence of death is lawfully 5 imposed. In its review of the sentencing proceeding the 6 supreme court shall determine all of the following: 7 a. Whether the sentence of death was imposed capriciously or 8 under the influence of prejudice or other arbitrary factor. 9 b. Whether the special verdicts returned under section 10 901E.1 are supported by the evidence. 11 c. Whether the sentence of death is excessive or 12 disproportionate to the penalty imposed in similar cases, 13 considering both the crime and the defendant. 14 4. If the supreme court determines that the sentence of 15 death was not lawfully imposed, the supreme court shall set 16 aside the sentence and shall remand the case to the trial 17 court for a second sentencing proceeding to determine if the 18 imposition of death is warranted. 19 5. If the supreme court affirms the judgment and sentence 20 of death, the clerk of the supreme court shall certify the 21 judgment of the supreme court under the seal of the supreme 22 court to the clerk of the trial court. 23 Sec. 8. Section 815.10, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 1A. If two attorneys have not already been 26 appointed pursuant to section 13B.4 or 13B.9, the court shall 27 appoint, for each indigent person who is charged with capital 28 murder under section 902.15, and in which a notice of intent 29 to seek the death penalty has been filed, two attorneys who 30 are qualified under section 602.10112 to represent the person 31 in the proceedings and in all state legal proceedings which 32 take place from the time the person is indicted or arraigned 33 until the person is sentenced on the charge. In addition, if 34 at any point in federal postconviction proceedings an indigent 35 -4- LSB 1932YH (3) 89 as/rh 4/ 17

H.F. 271 person is not afforded court-appointed counsel, the state shall 1 provide counsel to the person to present any claims determined 2 meritorious by the federal court if the person is not otherwise 3 represented by legal counsel. Only private attorneys and 4 public defenders who are qualified to provide representation in 5 cases in which the death penalty may be imposed are eligible 6 for appointment or assignment to a case in which the death 7 penalty may be imposed. 8 Sec. 9. NEW SECTION . 901E.1 Capital murder proceedings —— 9 request for death penalty —— penalty proceedings. 10 1. As used in this section: 11 a. “Intellectually disabled” means the same as defined in 12 section 902.15. 13 b. “Mentally ill” or “mental illness” means the same as 14 defined in section 902.15. 15 2. If a notice of intent to seek the death penalty has 16 been filed, objections to the imposition of the death penalty 17 based upon allegations that a defendant was intellectually 18 disabled or mentally ill at the time of the commission of 19 the offense shall be raised within the time provided for the 20 filing of pretrial motions under rule of criminal procedure 21 2.11, Iowa court rules. The court may, for good cause shown, 22 allow late filing of the motion. Hearing on the motion shall 23 be held prior to trial and the burden of proof shall be on the 24 defendant to prove intellectual disability or mental illness 25 by a preponderance of the evidence. If the court finds that 26 the defendant is intellectually disabled, the defendant, if 27 convicted of capital murder under section 902.15, shall not be 28 sentenced to death but shall be sentenced to life imprisonment 29 in the manner provided in section 902.1. A finding by the 30 court that the evidence presented by the defendant at the 31 hearing does not preclude the imposition of the death penalty 32 under this section and section 902.15 shall not preclude the 33 introduction of evidence of intellectual disability or mental 34 illness during the penalty proceeding. If the court finds 35 -5- LSB 1932YH (3) 89 as/rh 5/ 17

H.F. 271 that evidence of intellectual disability or mental illness 1 does not preclude imposition of the death penalty, evidence of 2 intellectual disability or mental illness may be reviewed by 3 the jury in the penalty proceeding and the jury shall not be 4 informed of the finding in the initial proceeding at any time 5 during the penalty proceeding. 6 3. If at the trial on a charge of capital murder under 7 section 902.15, the state intends to request that the death 8 penalty be imposed under section 902.1A, the prosecutor shall 9 file a notice of intent to seek the death penalty, at the time 10 of and as part of the information or indictment filed in the 11 case. 12 4. If a notice of intent to seek the death penalty has been 13 filed, the trial shall be conducted in bifurcated proceedings 14 before the same trier of fact. During the initial proceeding, 15 the jury, or the court if the defendant waives the right to a 16 jury trial, shall decide only whether the defendant is guilty 17 or not guilty of capital murder under section 902.15. 18 a. If, in the initial proceeding, the court or jury finds 19 the defendant guilty of, or the defendant pleads guilty to, 20 an offense other than capital murder under section 902.15, 21 the court shall sentence the defendant in accordance with the 22 sentencing procedures set forth in rule of criminal procedure 23 2.23, Iowa court rules, and chapters 901 through 909, which are 24 applicable to the offense. 25 b. If the court or jury finds the defendant guilty of, or 26 the defendant pleads guilty to, capital murder under section 27 902.15, but the prosecuting attorney waives the death penalty, 28 the court shall sentence the defendant to life imprisonment in 29 accordance with the sentencing procedures set forth in rule of 30 criminal procedure 2.23, Iowa court rules, and chapters 901 31 through 909, which are otherwise applicable to convictions of 32 murder in the first degree. 33 c. If the court or jury finds the defendant guilty of 34 capital murder under section 902.15, or a defendant enters a 35 -6- LSB 1932YH (3) 89 as/rh 6/ 17

H.F. 271 plea of guilty in the initial proceeding, and the prosecuting 1 attorney does not waive imposition of the death penalty, a 2 penalty proceeding shall be held in the manner provided in 3 subsections 5 through 13. 4 5. No sooner than twenty-four hours after a verdict of 5 guilty or a plea of guilty to capital murder under section 6 902.15 is returned in the initial proceeding, a penalty 7 proceeding shall be held to determine whether the defendant 8 shall be sentenced to death or to life imprisonment. The 9 proceeding shall be conducted in the trial court before the 10 trial jury, or before the court if the defendant has waived 11 the right to a jury trial or has waived the right for the 12 proceeding to be before the trial jury. Both the state and the 13 defendant shall have the right to present opening statements 14 at the commencement of the proceeding. In the proceeding, 15 evidence relevant to the existence of any aggravating or 16 mitigating circumstances may be presented as follows: 17 a. The state or the defendant may present evidence relevant 18 to the conviction of capital murder under section 902.15 and 19 any aggravating circumstances other than juvenile delinquency 20 adjudications for offenses which carry penalties equivalent to 21 the penalties imposed for simple or serious misdemeanors. The 22 state may introduce evidence of the actual harm caused by the 23 commission of the capital murder offense under section 902.15, 24 including but not limited to evidence relating to the life of 25 the victim and the impact of the loss of the victim to the 26 victim’s family and society. 27 b. The defendant may present evidence that the defendant 28 was intellectually disabled or mentally ill at the time of the 29 commission of the offense. The burden of proof shall be on the 30 defendant to prove intellectual disability or mental illness by 31 a preponderance of the evidence. 32 c. The state or the defendant may present evidence relevant 33 to any mitigating circumstances which may exist. Mitigating 34 circumstances may include the following circumstances: 35 -7- LSB 1932YH (3) 89 as/rh 7/ 17

H.F. 271 (1) The defendant was under the influence of an extreme 1 mental or emotional disturbance insufficient to constitute a 2 defense. 3 (2) The age of the defendant at the time of the offense. 4 (3) The defendant’s capacity to appreciate the wrongfulness 5 of the defendant’s conduct and to conform that conduct to the 6 requirements of law was significantly impaired as a result of a 7 mental disease or defect or intellectual disability, but not to 8 a degree sufficient to constitute a defense. 9 (4) The defendant has no significant history of prior adult 10 criminal activity. 11 (5) The defendant acted under extreme duress or under the 12 substantial domination of another person. 13 (6) The defendant did not directly commit the capital murder 14 offense and the defendant did not intend to kill or anticipate 15 that lethal force would be used. 16 (7) Any other factor which is relevant to the defendant’s 17 character or record or to the circumstances of the offense. 18 d. The state and the defendant or the defendant’s counsel 19 shall be permitted to present and cross-examine witnesses and 20 present arguments for or against a sentence of death. Evidence 21 regarding aggravating and mitigating circumstances shall not 22 be governed by the rules governing admissibility of evidence, 23 except that introduction of evidence secured in violation of 24 the Constitution of the United States or of the Constitution of 25 the State of Iowa shall not be permitted. 26 6. At the conclusion of presentation of evidence in 27 the penalty proceeding, the state and the defendant or the 28 defendant’s counsel shall be permitted to make closing 29 arguments, including any rebuttal arguments, in the same manner 30 as in the initial proceeding and the following issues shall be 31 determined by the jury or by the court if there is no jury: 32 a. Whether the aggravating circumstance or circumstances 33 have been established beyond a reasonable doubt and outweigh 34 any one or more mitigating circumstances. 35 -8- LSB 1932YH (3) 89 as/rh 8/ 17

H.F. 271 b. Whether the defendant shall be sentenced to death. 1 7. A recommendation for a sentence of death shall not be 2 permitted if the recommendation is based on the race, color, 3 religious beliefs, national origin, or sex of the defendant 4 or of any victim, or based on any other protected class under 5 chapter 216. After submission of the issues, but prior to the 6 return of a finding in the penalty proceeding, if the matter 7 is tried before a jury, the court shall instruct the jury 8 that in considering whether a sentence of death is justified, 9 the jury shall not consider race, color, religious beliefs, 10 national origin, or sex of the defendant or of any victim, or 11 consider any other protected class under chapter 216. The 12 court shall further instruct the jury that the jury shall not 13 return a sentence of death unless the jury concludes that such 14 a sentence would be recommended no matter what the race, color, 15 religious beliefs, national origin, sex, or other protected 16 class of the defendant or of any victim may be. 17 8. After submission of the issues, but prior to the 18 commencement of the jury deliberations in the penalty 19 proceeding, the court shall instruct the jury that if the 20 defendant is not sentenced to death, the court is required by 21 law to impose a sentence of imprisonment until death without 22 parole. The court shall further instruct the jury that 23 the sentence of imprisonment until death without parole is 24 required by law if the jury fails to reach a unanimous verdict 25 recommending a sentence of death. 26 9. Concurrently with the return of the findings on the 27 issues submitted under subsection 6, the jury, or the court if 28 there is no jury, shall return special verdicts as follows: 29 a. Which aggravating circumstances were established beyond a 30 reasonable doubt and were considered in reaching the verdict. 31 b. Which mitigating circumstances were established and 32 were considered in reaching the verdict returned on the issue 33 specified in subsection 6, paragraph “a” . 34 10. If the jury, or the court if there is no jury, returns 35 -9- LSB 1932YH (3) 89 as/rh 9/ 17

H.F. 271 a unanimous affirmative finding on each of the issues submitted 1 under subsection 6, paragraphs “a” and “b” , the court shall 2 enter a judgment of conviction and shall sentence the defendant 3 to death as provided in section 902.1A. 4 11. However, if evidence that the defendant was not a 5 major participant in the commission of the capital murder 6 under section 902.15, and that the defendant’s conduct did not 7 manifest a reckless indifference to human life is presented 8 to the jury, or to the court if there is no jury, the jury or 9 the court shall also return a special verdict on the issue. 10 If the jury unanimously determines, or the court if there is 11 no jury, determines that a preponderance of evidence exists 12 that shows that the defendant was not a major participant in 13 the commission of the capital murder under section 902.15, 14 and that the defendant’s conduct did not manifest a reckless 15 indifference to human life, the court shall enter a judgment 16 of conviction and shall sentence the defendant to life 17 imprisonment as provided in section 902.1, even if the jury or 18 the court returns unanimous affirmative findings on each of the 19 issues submitted under subsection 6. 20 12. If the jury, or the court if there is no jury, returns 21 a negative finding on any of the issues submitted under 22 subsection 6, paragraph “a” or “b” , the court shall enter a 23 judgment of conviction and shall sentence the defendant to life 24 imprisonment as provided in section 902.1. 25 13. After a verdict has been rendered it shall be recorded 26 on the jury verdict form and shall be read and recorded in open 27 court. The jurors shall be collectively asked by the court 28 whether the verdict returned is their true and correct verdict. 29 Even though no juror makes any declaration to the contrary, the 30 jury shall, if either party so requests, be polled and each 31 juror shall be separately asked whether the verdict rendered by 32 the jury foreperson is the juror’s true and correct verdict. 33 If, upon either the collective or the separate inquiry, any 34 juror denies that the verdict is the juror’s verdict, the court 35 -10- LSB 1932YH (3) 89 as/rh 10/ 17

H.F. 271 shall refuse to accept the verdict. The court may direct 1 inquiry or permit inquiry by counsel to ascertain whether any 2 juror has been subjected to coercion or has become confused 3 during the jury deliberation process. The court may, as 4 appropriate, direct the jury to resume deliberation in the 5 case. If no disagreement on the verdict is expressed by any of 6 the jurors, the court shall discharge the jury. 7 Sec. 10. Section 902.1, subsection 1, Code 2021, is amended 8 to read as follows: 9 1. Upon Except as provided in section 902.1A, a plea of 10 guilty, a verdict of guilty, or a special verdict upon which a 11 judgment of conviction of a class “A” felony may be rendered, 12 the court shall enter a judgment of conviction and shall commit 13 the defendant into the custody of the director of the Iowa 14 department of corrections for the rest of the defendant’s 15 life. Nothing in the Iowa corrections code pertaining to 16 deferred judgment, deferred sentence, suspended sentence, or 17 reconsideration of sentence applies to a class “A” felony, and 18 a person convicted of a class “A” felony shall not be released 19 on parole unless the governor commutes the sentence to a term 20 of years. 21 Sec. 11. NEW SECTION . 902.1A Capital murder —— death 22 penalty. 23 1. For the purposes of this section, “lethal injection” 24 means a continuous intravenous injection of a lethal substance 25 sufficient to cause death. 26 2. Notwithstanding section 902.1, upon return of a plea 27 or verdict of guilty to capital murder under section 902.15, 28 and a return of a verdict in favor of a sentence of death in 29 a penalty proceeding conducted as provided in section 901E.1, 30 the court shall enter a judgment of conviction and shall commit 31 the defendant into the custody of the director of the Iowa 32 department of corrections. The sentence shall be carried out 33 by the administration of a lethal injection pursuant to rules 34 adopted by the board of corrections. If a defendant, for whom 35 -11- LSB 1932YH (3) 89 as/rh 11/ 17

H.F. 271 a warrant of execution is issued, is pregnant, the execution 1 shall not take place until after the defendant is no longer 2 pregnant. If a defendant, for whom a warrant of execution is 3 issued, is suffering from such a diseased or deranged condition 4 of the mind as to prevent the defendant from knowing the nature 5 and quality of the act the defendant has been convicted of, 6 or from understanding that trial on the offense has taken 7 place and that execution proceedings are about to take place, 8 or to otherwise cause the defendant to lack the capacity 9 to understand the sentence which has been imposed and to 10 participate in any legal proceedings relating to the sentence, 11 the execution shall not take place until after the defendant’s 12 capacity is restored. If the director of the department of 13 corrections or the defendant’s counsel files a request with the 14 court which issued the warrant of execution, alleging that the 15 defendant suffers from such a diseased or deranged condition, a 16 hearing on the matter shall be held in the manner provided in 17 section 812A.1. 18 Sec. 12. NEW SECTION . 902.15 Capital murder. 19 1. As used in this section: 20 a. (1) “Capital murder” means any murder that makes a 21 person eligible for the death penalty. 22 (2) A person is eligible for the death penalty when a person 23 is convicted of murder in the first degree in violation of 24 section 707.2. 25 b. “Intellectually disabled” means significant subaverage 26 general intellectual functioning accompanied by significant 27 deficits or impairments in adaptive functioning manifested in 28 the developmental period, but no later than the age of eighteen 29 years, and accompanied by deficits in adaptive behavior. 30 c. “Mentally ill” means the condition of a person who 31 is suffering from a chronic and persistent serious mental 32 disease or disorder and who, by reason of that condition, lacks 33 sufficient judgment to make responsible decisions regarding 34 treatment and is reasonably likely to injure the person’s self 35 -12- LSB 1932YH (3) 89 as/rh 12/ 17

H.F. 271 or others who may come into contact with the person if the 1 person is allowed to remain at liberty without treatment. 2 2. A person who commits capital murder, who is not 3 intellectually disabled or mentally ill, and who is age 4 eighteen or older at the time of the murder in the first 5 degree, shall be eligible for a sentence of death under section 6 902.1A. 7 Sec. 13. NEW SECTION . 902.16 Data collection for capital 8 murder —— death penalty. 9 1. The supreme court shall collect data on all capital 10 murder charges in which the death penalty is or was not waived, 11 which are filed and processed in the courts in this state. 12 This data may be used by the supreme court to determine whether 13 death sentences imposed are excessive or disproportionate, or 14 under the influence of prejudice under section 814.28. The 15 court shall make this data available to litigants in death 16 penalty cases. 17 2. Data collected by public officials concerning factors 18 relevant to the imposition of the death sentence shall be made 19 publicly available. 20 Sec. 14. NEW SECTION . 903C.1 Executions —— refusal to 21 perform. 22 An employee of the state who may lawfully perform, assist, or 23 participate in the execution of a person pursuant to section 24 902.1A, and rules adopted by the department of corrections, 25 shall not be required to perform, assist, or participate in 26 the execution. State employees who refuse to perform, assist, 27 or participate in the execution of a person shall not be 28 discriminated against in any way, including but not limited 29 to employment, promotion, advancement, transfer, licensing, 30 education, training, or the granting of any privileges or 31 appointments because of the refusal to perform, assist, or 32 participate in the execution. 33 Sec. 15. Section 904.105, Code 2021, is amended by adding 34 the following new subsection: 35 -13- LSB 1932YH (3) 89 as/rh 13/ 17

H.F. 271 NEW SUBSECTION . 9A. Adopt rules pursuant to chapter 17A 1 pertaining to executions of persons convicted of capital murder 2 under section 902.15. Rules adopted shall include but are not 3 limited to rules permitting the witnessing of executions by 4 members of the public and the victim’s family. Invitations 5 to witness an execution shall at least be extended to the 6 following representatives of the news media: 7 a. A representative from a wire service serving Iowa. 8 b. A representative from a broadcasting network serving 9 Iowa. 10 c. A representative from a television station located in 11 Iowa. 12 d. A representative from a radio station located in Iowa. 13 e. A representative from a daily newspaper published in 14 Iowa. 15 f. A representative from a weekly newspaper published in 16 Iowa. 17 g. A representative from the news media from the community 18 in which the condemned person resided, if that community is 19 located in Iowa. 20 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 21 3, shall not apply to this Act. 22 Sec. 17. SEVERABILITY. If any provision of this Act or the 23 application thereof to any person is invalid, the invalidity 24 shall not affect the provisions or application of this Act 25 which can be given effect without the invalid provisions or 26 application and to this end, the provisions of this Act are 27 severable. 28 Sec. 18. EFFECTIVE DATE. This Act takes effect January 1, 29 2022. 30 Sec. 19. APPLICABILITY. This Act applies to offenses 31 committed on or after the effective date of this Act. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -14- LSB 1932YH (3) 89 as/rh 14/ 17

H.F. 271 This bill amends the Iowa criminal code to provide for 1 punishment by death for capital murder committed by a person 2 age 18 or older if the trial jury, or the judge if there 3 is no jury, makes specific findings and whether the jury 4 believes the defendant should be put to death in a separate 5 penalty proceeding held after the close of the initial trial 6 proceeding. Under the bill, a death sentence could be imposed 7 if the murder would constitute murder in the first degree. 8 The bill provides that in order to receive a sentence of 9 death, the defendant must be at least 18 years of age at the 10 time the murder in the first degree was committed, must not be 11 mentally ill or intellectually disabled, and must have been a 12 major participant in the commission of the crime or must have 13 shown a manifest indifference to human life. 14 The bill amends Code section 707.2, murder in the first 15 degree, to include when a person intentionally kills a peace 16 officer, with knowledge that the person killed is a peace 17 officer. 18 The bill specifies that the attorney general may prosecute 19 all actions and proceedings involving capital murder, when 20 in the attorney general’s judgment the interest of the state 21 requires the attorney general to intervene on behalf of the 22 county attorney, or upon request by the county attorney. 23 If a person is indigent and is charged with capital murder, 24 payment of costs for two attorneys is authorized. The supreme 25 court is required to establish standards for the competency of 26 counsel in death penalty cases. The state public defender is 27 charged with establishing teams of qualified lead and cocounsel 28 for death penalty cases, as well as conducting or sponsoring 29 specialized training programs for attorneys representing 30 persons who may be executed. 31 If a capital murder case proceeds to trial and a notice of 32 intent to seek the death penalty has been filed, in addition to 33 any other defenses which may be presented to the charge, the 34 defendant may raise the issue of intellectual disability or 35 -15- LSB 1932YH (3) 89 as/rh 15/ 17

H.F. 271 mental illness during the time of filing pretrial motions. 1 Once the evidence is submitted to the jury, the court 2 will instruct the jury, at the defendant’s request, that in 3 considering whether a sentence of death is justified, the 4 race, color, religious beliefs, national origin, sex, or other 5 protected classes under Code chapter 216 of the defendant or 6 of any victim is not to be considered. The supreme court 7 shall collect evidence relating to whether the death sentences 8 imposed are excessive, disproportionate, or imposed under the 9 influence of prejudice at trial which will be available to 10 litigants. 11 The sentence of death is imposed only when the trier of fact 12 (the jury or the court if the defendant has waived the right to 13 a jury trial) unanimously answers two questions affirmatively: 14 (1) whether aggravating circumstances established beyond 15 a reasonable doubt outweigh any mitigating circumstances 16 that may exist; and (2) whether the defendant should be 17 sentenced to death. Mitigating factors the trier of fact may 18 consider include the following: the defendant was under the 19 influence of an extreme mental or emotional disturbance; the 20 age of the defendant; the defendant’s ability to appreciate 21 the wrongfulness of the conduct due to mental disease but 22 not to a degree to constitute a defense; the defendant has 23 no significant prior criminal history; the defendant was 24 under extreme duress; the defendant did not directly commit 25 the murder; and the defendant’s character or record or the 26 circumstances of the offense. The sentencing proceeding is 27 conducted separately from the finding of guilt or innocence by 28 the same trier of fact. 29 For the sentencing proceeding, the trier of fact (the jury 30 or the court if the defendant has waived the right to have 31 the jury hear the proceedings) is to weigh any aggravating 32 circumstances established beyond a reasonable doubt by the 33 state against any of the enumerated mitigating circumstances 34 which may be presented by the defendant. Evidence of certain 35 -16- LSB 1932YH (3) 89 as/rh 16/ 17

H.F. 271 juvenile delinquency adjudications is not admissible in any 1 proceeding to determine the sentence. If the jury fails to 2 agree unanimously on the required affirmative findings, the 3 penalty imposed would be life imprisonment. 4 The death penalty sentence would be reviewed automatically 5 by the supreme court. The supreme court shall review the trial 6 and judgment separately from the sentencing proceeding. If the 7 supreme court finds error in the sentencing proceeding, the 8 supreme court may remand the case back to district court for a 9 new sentencing hearing. The bill requires the supreme court to 10 examine whether the sentence is excessive or disproportionate 11 to penalties in similar cases. If affirmed by the supreme 12 court, the penalty would be accomplished by lethal injection. 13 The bill requires the board of corrections to adopt rules 14 pertaining to executions, including rules pertaining to the 15 witnessing of executions. 16 A person who is sentenced to death, but who is pregnant when 17 the warrant of execution is issued, is not to be executed until 18 the person is no longer pregnant. A procedure is also provided 19 to stay execution of a condemned inmate who becomes insane 20 after conviction but before execution. 21 An employee of the state shall not be required to perform or 22 assist in any execution and shall not be discriminated against 23 for refusing to participate. 24 The bill may include a state mandate as defined in Code 25 section 25B.3. The bill makes inapplicable Code section 25B.2, 26 subsection 3, which would relieve a political subdivision from 27 complying with a state mandate if funding for the cost of 28 the state mandate is not provided or specified. Therefore, 29 political subdivisions are required to comply with any state 30 mandate included in the bill. 31 The bill contains severability provisions and takes effect 32 January 1, 2022, and applies only to offenses committed on or 33 after that date. 34 -17- LSB 1932YH (3) 89 as/rh 17/ 17