SSB 3085 (LSB 5694XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act creating a capital murder offense by establishing the penalty of death for murder in the first degree, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 13.2, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  Prosecute and defend all actions and proceedings involving capital murder as defined in section 902.15, when in the attorney general’s judgment, the interest of the state requires the attorney general to intervene on behalf of the county attorney, or upon request by the county attorney.
    Sec. 2.  Section 13B.4, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  The state public defender shall perform all of the following duties with respect to the appointment of counsel for indigent persons in cases in which a sentence of death may be or is to be imposed:
   a.  Provide or contract with attorneys for appointment as lead counsel and cocounsel to provide legal services in cases in which a person is charged with capital murder under section 902.15, and the state has given notice of intent to seek the death penalty or in cases in which a sentence of death is to be imposed.
   b.  Conduct or sponsor specialized training programs for attorneys representing persons who may be executed.
    Sec. 3.  NEW SECTION.  602.10112  Qualifications of counsel in capital murder cases.
   The supreme court shall prescribe rules that establish minimum standards and procedures by which attorneys may become qualified to provide legal services as lead counsel in cases in which a sentence of death may be or is to be imposed.
    Sec. 4.  Section 707.2, subsection 1, paragraph d, Code 2024, is amended to read as follows:
   d.  The person intentionally kills a peace officer, correctional officer, public employee, or hostage while the person is imprisoned in a correctional institution under the jurisdiction of the Iowa department of corrections, or in a city or county jail.
    Sec. 5.  Section 707.2, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  The person intentionally kills a peace officer, who is on duty, under any circumstances, with knowledge that the person killed is a peace officer.
    Sec. 6.  NEW SECTION.  812A.1  Procedure to determine sanity of condemned inmate.
   1.  At any time prior to execution of an inmate under section 902.1A, if the director of the department of corrections or the counsel for a person who is under a sentence of execution has cause to believe that the inmate is suffering from such a diseased or deranged condition of the mind as to prevent the defendant from knowing the nature and quality of the act the defendant has been convicted of, or from understanding that trial on the offense has taken place and that execution proceedings are about to take place, or to otherwise cause the defendant to lack the capacity to understand the sentence that has been imposed and to participate in any legal proceedings relating to the sentence, the director or counsel may file a request with the court that issued the warrant for execution for a determination of the inmate’s sanity. If the court determines that there is not sufficient reason to believe that the inmate is insane, the court shall enter an order denying the request and shall state the grounds for denying the request. If the court believes that there is sufficient reason to believe that the inmate is insane, the court shall suspend the execution and conduct a hearing to determine the sanity of the inmate.
   2.  At the hearing, the court shall determine the issue of the inmate’s sanity. Prior to the hearing, the court shall appoint two licensed physicians or licensed psychologists, or one licensed physician and one licensed psychologist, who are qualified by training and practice, for purposes of conducting a psychiatric or psychological examination of the inmate. The physicians or psychologists shall examine the inmate and report any findings in writing to the court within ten days after the order of examination is issued. The inmate shall have the right to present evidence and cross-examine any witnesses at the hearing. Any statement made by the inmate during the course of any examination provided for in this section, whether or not the inmate consents to the examination, shall not be admitted into evidence against the inmate in any criminal proceeding for purposes other than a determination of the inmate’s sanity.
   3.  If, at the conclusion of a hearing held pursuant to this section, the court determines that the inmate is sane, the court shall enter an order setting a date for the inmate’s execution, which shall be carried into effect in the same manner as provided in the original sentence. A copy of the order shall be sent to the director of the department of corrections and the governor.
   4.  If, at the conclusion of a hearing held pursuant to this section, the court determines that the inmate is insane, the court shall suspend the execution until further order. At any time after issuance of the order, if the court has sufficient reason to believe that the inmate has become sane, the court shall again determine the sanity of the inmate as provided by this section. Proceedings pursuant to this section may continue to be held at such times as the court orders until it is either determined that the inmate is sane or incurably insane.
    Sec. 7.  NEW SECTION.  814.30  Review of capital murder death sentence.
   1.  In a case in which a sentence of death is imposed, the supreme court shall automatically review the judgment and sentence. The court’s review of the case shall be de novo. The case shall not be transferred to the court of appeals.
   2.  A review by the supreme court of a judgment and sentence imposing the punishment of death has priority over all other criminal and other actions pending before the supreme court.
   3.  The supreme court shall review the trial and judgment, and shall separately review the sentencing proceeding. Upon determining that errors did not occur at the trial requiring reversal or modification of the judgment, the supreme court shall proceed to determine if the sentence of death is lawfully imposed. In its review of the sentencing proceeding the supreme court shall determine all of the following:
   a.  Whether the sentence of death was imposed capriciously or under the influence of prejudice or other arbitrary factor.
   b.  Whether the special verdicts returned under section 901E.1 are supported by the evidence.
   c.  Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
   4.  If the supreme court determines that the sentence of death was not lawfully imposed, the supreme court shall set aside the sentence and shall remand the case to the trial court for a second sentencing proceeding to determine if the imposition of death is warranted.
   5.  If the supreme court affirms the judgment and sentence of death, the clerk of the supreme court shall certify the judgment of the supreme court under the seal of the supreme court to the clerk of the trial court.
    Sec. 8.  Section 815.10, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If two attorneys have not already been appointed pursuant to section 13B.4 or 13B.9, the court shall appoint, for each indigent person who is charged with capital murder under section 902.15, and for each case in which a notice of intent to seek the death penalty has been filed, two attorneys who are qualified under section 602.10112 to represent the person in the proceedings and in all state legal proceedings that take place from the time the person is indicted or arraigned until the person is sentenced on the charge. In addition, if at any point in federal postconviction proceedings an indigent person is not afforded court-appointed counsel, the state shall provide counsel to the person to present any claims determined meritorious by the federal court if the person is not otherwise represented by legal counsel. Only private attorneys and public defenders who are qualified to provide representation in cases in which the death penalty may be imposed are eligible for appointment or assignment to a case in which the death penalty may be imposed.
    Sec. 9.  NEW SECTION.  901E.1  Capital murder proceedings —— request for death penalty —— penalty proceedings.
   1.  As used in this section:
   a.  “Intellectually disabled” means the same as defined in section 902.15.
   b.  “Mentally ill” or “mental illness” means the same as defined in section 902.15.
   2.  If a notice of intent to seek the death penalty has been filed, objections to the imposition of the death penalty based upon allegations that a defendant was intellectually disabled or mentally ill at the time of the commission of the offense shall be raised within the time provided for the filing of pretrial motions under rule of criminal procedure 2.11, Iowa court rules. The court may, for good cause shown, allow late filing of the motion. Hearing on the motion shall be held prior to trial and the burden of proof shall be on the defendant to prove intellectual disability or mental illness by a preponderance of the evidence. If the court finds that the defendant is intellectually disabled, the defendant, if convicted of capital murder under section 902.15, shall not be sentenced to death but shall be sentenced to life imprisonment in the manner provided in section 902.1. A finding by the court that the evidence presented by the defendant at the hearing does not preclude the imposition of the death penalty under this section and section 902.15 shall not preclude the introduction of evidence of intellectual disability or mental illness during the penalty proceeding. If the court finds that evidence of intellectual disability or mental illness does not preclude imposition of the death penalty, evidence of intellectual disability or mental illness may be reviewed by the jury in the penalty proceeding and the jury shall not be informed of the finding in the initial proceeding at any time during the penalty proceeding.
   3.  If at the trial on a charge of capital murder under section 902.15, the state intends to request that the death penalty be imposed under section 902.1A, the prosecutor shall file a notice of intent to seek the death penalty, at the time of and as part of the information or indictment filed in the case.
   4.  If a notice of intent to seek the death penalty has been filed, the trial shall be conducted in bifurcated proceedings before the same trier of fact. During the initial proceeding, the jury, or the court if the defendant waives the right to a jury trial, shall decide only whether the defendant is guilty or not guilty of capital murder under section 902.15.
   a.  If, in the initial proceeding, the court or jury finds the defendant guilty of, or the defendant pleads guilty to, an offense other than capital murder under section 902.15, the court shall sentence the defendant in accordance with the sentencing procedures set forth in rule of criminal procedure 2.23, Iowa court rules, and chapters 901 through 909 that are applicable to the offense.
   b.  If the court or jury finds the defendant guilty of, or the defendant pleads guilty to, capital murder under section 902.15, but the prosecuting attorney waives the death penalty, the court shall sentence the defendant to life imprisonment in accordance with the sentencing procedures set forth in rule of criminal procedure 2.23, Iowa court rules, and chapters 901 through 909 that are otherwise applicable to convictions of murder in the first degree.
   c.  If the court or jury finds the defendant guilty of capital murder under section 902.15, or a defendant enters a plea of guilty in the initial proceeding, and the prosecuting attorney does not waive imposition of the death penalty, a penalty proceeding shall be held in the manner provided in subsections 5 through 13.
   5.  No sooner than twenty-four hours after a verdict of guilty or a plea of guilty to capital murder under section 902.15 is returned in the initial proceeding, a penalty proceeding shall be held to determine whether the defendant shall be sentenced to death or to life imprisonment. The proceeding shall be conducted in the trial court before the trial jury, or before the court if the defendant has waived the right to a jury trial or has waived the right for the proceeding to be before the trial jury. Both the state and the defendant shall have the right to present opening statements at the commencement of the proceeding. In the proceeding, evidence relevant to the existence of any aggravating or mitigating circumstances may be presented as follows:
   a.  The state or the defendant may present evidence relevant to the conviction of capital murder under section 902.15 and any aggravating circumstances other than juvenile delinquency adjudications for offenses that carry penalties equivalent to the penalties imposed for simple or serious misdemeanors. The state may introduce evidence of the actual harm caused by the commission of the capital murder offense under section 902.15, including but not limited to evidence relating to the life of the victim and the impact of the loss of the victim to the victim’s family and society.
   b.  The defendant may present evidence that the defendant was intellectually disabled or mentally ill at the time of the commission of the offense. The burden of proof shall be on the defendant to prove intellectual disability or mental illness by a preponderance of the evidence. 
   c.  The state or the defendant may present evidence relevant to any mitigating circumstances that may exist. Mitigating circumstances may include the following circumstances:
   (1)  The defendant was under the influence of an extreme mental or emotional disturbance insufficient to constitute a defense.
   (2)  The age of the defendant at the time of the offense.
   (3)  The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct and to conform that conduct to the requirements of law was significantly impaired as a result of a mental disease or defect or intellectual disability, but not to a degree sufficient to constitute a defense.
   (4)  The defendant has no significant history of prior adult criminal activity.
   (5)  The defendant acted under extreme duress or under the substantial domination of another person.
   (6)  The defendant did not directly commit the capital murder offense and the defendant did not intend to kill or anticipate that lethal force would be used.
   (7)  Any other factor that is relevant to the defendant’s character or record or to the circumstances of the offense.
   d.  The state and the defendant or the defendant’s counsel shall be permitted to present and cross-examine witnesses and present arguments for or against a sentence of death. Evidence regarding aggravating and mitigating circumstances shall not be governed by the rules governing admissibility of evidence, except that introduction of evidence secured in violation of the Constitution of the United States or of the Constitution of the State of Iowa shall not be permitted.
   6.  At the conclusion of presentation of evidence in the penalty proceeding, the state and the defendant or the defendant’s counsel shall be permitted to make closing arguments, including any rebuttal arguments, in the same manner as in the initial proceeding and the following issues shall be determined by the jury or by the court if there is no jury:
   a.  Whether the aggravating circumstance or circumstances have been established beyond a reasonable doubt and outweigh any one or more mitigating circumstances.
   b.  Whether the defendant shall be sentenced to death.
   7.  A recommendation for a sentence of death shall not be permitted if the recommendation is based on the race, color, religious beliefs, national origin, or sex of the defendant or of any victim, or based on any other protected class under chapter 216. After submission of the issues, but prior to the return of a finding in the penalty proceeding, if the matter is tried before a jury, the court shall instruct the jury that in considering whether a sentence of death is justified, the jury shall not consider race, color, religious beliefs, national origin, or sex of the defendant or of any victim, or consider any other protected class under chapter 216. The court shall further instruct the jury that the jury shall not return a sentence of death unless the jury concludes that such a sentence would be recommended no matter what the race, color, religious beliefs, national origin, sex, or other protected class of the defendant or of any victim may be.
   8.  After submission of the issues, but prior to the commencement of the jury deliberations in the penalty proceeding, the court shall instruct the jury that if the defendant is not sentenced to death, the court is required by law to impose a sentence of imprisonment until death without parole. The court shall further instruct the jury that the sentence of imprisonment until death without parole is required by law if the jury fails to reach a unanimous verdict recommending a sentence of death.
   9.  Concurrently with the return of the findings on the issues submitted under subsection 6, the jury, or the court if there is no jury, shall return special verdicts as follows:
   a.  Which aggravating circumstances were established beyond a reasonable doubt and were considered in reaching the verdict.
   b.  Which mitigating circumstances were established and were considered in reaching the verdict returned on the issue specified in subsection 6, paragraph “a”.
   10.  If the jury, or the court if there is no jury, returns a unanimous affirmative finding on each of the issues submitted under subsection 6, paragraphs “a” and “b”, the court shall enter a judgment of conviction and shall sentence the defendant to death as provided in section 902.1A.
   11.  However, if evidence is presented to the jury, or to the court if there is no jury, demonstrating that the defendant was not a major participant in the commission of the capital murder under section 902.15, and that the defendant’s conduct did not manifest a reckless indifference to human life, the jury or the court shall also return a special verdict on the issue. If the jury unanimously determines, or the court determines if there is no jury, that a preponderance of evidence exists that shows that the defendant was not a major participant in the commission of the capital murder under section 902.15, and that the defendant’s conduct did not manifest a reckless indifference to human life, the court shall enter a judgment of conviction and shall sentence the defendant to life imprisonment as provided in section 902.1, even if the jury or the court returns unanimous affirmative findings on each of the issues submitted under subsection 6.
   12.  If the jury, or the court if there is no jury, returns a negative finding on any of the issues submitted under subsection 6, paragraph “a” or “b”, the court shall enter a judgment of conviction and shall sentence the defendant to life imprisonment as provided in section 902.1.
   13.  After a verdict has been rendered it shall be recorded on the jury verdict form and shall be read and recorded in open court. The jurors shall be collectively asked by the court whether the verdict returned is their true and correct verdict. Even though no juror makes any declaration to the contrary, the jury shall, if either party so requests, be polled and each juror shall be separately asked whether the verdict rendered by the jury foreperson is the juror’s true and correct verdict. If, upon either the collective or the separate inquiry, any juror denies that the verdict is the juror’s verdict, the court shall refuse to accept the verdict. The court may direct inquiry or permit inquiry by counsel to ascertain whether any juror has been subjected to coercion or has become confused during the jury deliberation process. The court may, as appropriate, direct the jury to resume deliberation in the case. If no disagreement on the verdict is expressed by any of the jurors, the court shall discharge the jury.
    Sec. 10.  Section 902.1, subsection 1, Code 2024, is amended to read as follows:
   1.  Upon Except as provided in section 902.1A, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a class “A” felony may be rendered, the court shall enter a judgment of conviction and shall commit the defendant into the custody of the director of the Iowa department of corrections for the rest of the defendant’s life. Nothing in the Iowa corrections code pertaining to deferred judgment, deferred sentence, suspended sentence, or reconsideration of sentence applies to a class “A” felony, and a person convicted of a class “A” felony shall not be released on parole unless the governor commutes the sentence to a term of years.
    Sec. 11.  NEW SECTION.  902.1A  Capital murder —— death penalty.
   1.  For the purposes of this section, “lethal injection” means a continuous intravenous injection of a lethal substance sufficient to cause death.
   2.  Notwithstanding section 902.1, upon return of a plea or verdict of guilty to capital murder under section 902.15, and a return of a verdict in favor of a sentence of death in a penalty proceeding conducted as provided in section 901E.1, the court shall enter a judgment of conviction and shall commit the defendant into the custody of the director of the Iowa department of corrections. The sentence shall be carried out by the administration of a lethal injection pursuant to rules adopted by the board of corrections. If a defendant, for whom a warrant of execution is issued, is pregnant, the execution shall not take place until after the defendant is no longer pregnant. If a defendant, for whom a warrant of execution is issued, is suffering from such a diseased or deranged condition of the mind as to prevent the defendant from knowing the nature and quality of the act the defendant has been convicted of, or from understanding that trial on the offense has taken place and that execution proceedings are about to take place, or to otherwise cause the defendant to lack the capacity to understand the sentence that has been imposed and to participate in any legal proceedings relating to the sentence, the execution shall not take place until after the defendant’s capacity is restored. If the director of the department of corrections or the defendant’s counsel files a request with the court that issued the warrant of execution, alleging that the defendant suffers from such a diseased or deranged condition, a hearing on the matter shall be held in the manner provided in section 812A.1. 
    Sec. 12.  NEW SECTION.  902.15  Capital murder.
   1.  As used in this section:
   a.  (1)  “Capital murder” means any murder that makes a person eligible for the death penalty. 
   (2)  A person is eligible for the death penalty when a person is convicted of murder in the first degree in violation of section 707.2.
   b.  “Intellectually disabled” means significant subaverage general intellectual functioning accompanied by significant deficits or impairments in adaptive functioning manifested in the developmental period, but no later than the age of eighteen years, and accompanied by deficits in adaptive behavior.
   c.  “Mentally ill” means the condition of a person who is suffering from a chronic and persistent serious mental disease or disorder and who, by reason of that condition, lacks sufficient judgment to make responsible decisions regarding treatment and is reasonably likely to injure the person’s self or others who may come into contact with the person if the person is allowed to remain at liberty without treatment.
   2.  A person who commits capital murder, who is not intellectually disabled or mentally ill, and who is age eighteen or older at the time of the murder in the first degree, shall be eligible for a sentence of death under section 902.1A.
    Sec. 13.  NEW SECTION.  902.16  Data collection for capital murder —— death penalty.
   1.  The supreme court shall collect data on all capital murder charges for which the death penalty is or is not waived, which charges are filed and processed in the courts in this state. This data may be used by the supreme court to determine whether death sentences imposed are excessive or disproportionate, or under the influence of prejudice under section 814.28. The court shall make this data available to litigants in death penalty cases.
   2.  Data collected by public officials concerning factors relevant to the imposition of the death sentence shall be made publicly available.
    Sec. 14.  NEW SECTION.  903C.1  Executions —— refusal to perform.
   An employee of the state who may lawfully perform, assist, or participate in the execution of a person pursuant to section 902.1A, and rules adopted by the department of corrections, shall not be required to perform, assist, or participate in the execution. State employees who refuse to perform, assist, or participate in the execution of a person shall not be discriminated against in any way, including but not limited to employment, promotion, advancement, transfer, licensing, education, training, or the granting of any privileges or appointments because of the refusal to perform, assist, or participate in the execution.
    Sec. 15.  Section 904.105, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  Adopt rules pursuant to chapter 17A pertaining to executions of persons convicted of capital murder under section 902.15. Rules adopted shall include but are not limited to rules permitting the witnessing of executions by members of the public and the victim’s family. Invitations to witness an execution shall at least be extended to the following representatives of the news media:
   a.  A representative from a wire service serving Iowa.
   b.  A representative from a broadcasting network serving Iowa.
   c.  A representative from a television station located in Iowa.
   d.  A representative from a radio station located in Iowa.
   e.  A representative from a daily newspaper published in Iowa.
   f.  A representative from a weekly newspaper published in Iowa.
   g.  A representative from the news media from the community in which the condemned person resided, if that community is located in Iowa.
    Sec. 16.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 17.  SEVERABILITY.  If any provision of this Act or the application thereof to any person is invalid, the invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provisions or application and to this end, the provisions of this Act are severable.
    Sec. 18.  EFFECTIVE DATE.  This Act takes effect January 1, 2025.
    Sec. 19.  APPLICABILITY.  This Act applies to offenses committed on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends the Iowa criminal code to provide for punishment by death for capital murder committed by a person age 18 or older if the trial jury, or the judge if there is no jury, makes specific findings and whether the jury believes the defendant should be put to death in a separate penalty proceeding held after the close of the initial trial proceeding. Under the bill, a death sentence could be imposed if the murder would constitute murder in the first degree. 
   The bill provides that in order to receive a sentence of death, the defendant must be at least 18 years of age at the time the murder in the first degree was committed, must not be mentally ill or intellectually disabled, and must have been a major participant in the commission of the crime or must have shown a manifest indifference to human life.
   The bill amends Code section 707.2, murder in the first degree, to include when a person intentionally kills a peace officer, with knowledge that the person killed is a peace officer.
   The bill specifies that the attorney general may prosecute all actions and proceedings involving capital murder, when in the attorney general’s judgment the interest of the state requires the attorney general to intervene on behalf of the county attorney, or upon request by the county attorney.
   If a person is indigent and is charged with capital murder, payment of costs for two attorneys is authorized. The supreme court is required to establish standards for the competency of counsel in death penalty cases. The state public defender is charged with establishing teams of qualified lead and cocounsel for death penalty cases, as well as conducting or sponsoring specialized training programs for attorneys representing persons who may be executed.
   If a capital murder case proceeds to trial and a notice of intent to seek the death penalty has been filed, in addition to any other defenses that may be presented to the charge, the defendant may raise the issue of intellectual disability or mental illness during the time of filing pretrial motions.
   Once the evidence is submitted to the jury, the court will instruct the jury, at the defendant’s request, that in considering whether a sentence of death is justified, the race, color, religious beliefs, national origin, sex, or other protected classes under Code chapter 216 of the defendant or of any victim is not to be considered. The supreme court shall collect evidence relating to whether the death sentences imposed are excessive, disproportionate, or imposed under the influence of prejudice at trial, which will be available to litigants.
   The sentence of death is imposed only when the trier of fact (the jury or the court if the defendant has waived the right to a jury trial) unanimously answers two questions affirmatively: (1) whether aggravating circumstances established beyond a reasonable doubt outweigh any mitigating circumstances that may exist; and (2) whether the defendant should be sentenced to death. Mitigating factors the trier of fact may consider include the following: the defendant was under the influence of an extreme mental or emotional disturbance; the age of the defendant; the defendant’s ability to appreciate the wrongfulness of the conduct due to mental disease but not to a degree to constitute a defense; the defendant has no significant prior criminal history; the defendant was under extreme duress; the defendant did not directly commit the murder; and the defendant’s character or record or the circumstances of the offense. The sentencing proceeding is conducted separately from the finding of guilt or innocence by the same trier of fact.
   For the sentencing proceeding, the trier of fact (the jury or the court if the defendant has waived the right to have the jury hear the proceedings) is to weigh any aggravating circumstances established beyond a reasonable doubt by the state against any of the enumerated mitigating circumstances that may be presented by the defendant. Evidence of certain juvenile delinquency adjudications is not admissible in any proceeding to determine the sentence.
   The supreme court shall automatically review a death penalty sentence. The supreme court shall review the trial and judgment separately from the sentencing proceeding. If the supreme court finds error in the sentencing proceeding, the supreme court may remand the case back to district court for a new sentencing hearing. The bill requires the supreme court to examine whether the sentence is excessive or disproportionate to penalties in similar cases. If affirmed by the supreme court, the penalty would be accomplished by lethal injection. The bill requires the board of corrections to adopt rules pertaining to executions, including rules pertaining to the witnessing of executions.
   A person who is sentenced to death, but who is pregnant when the warrant of execution is issued, is not to be executed until the person is no longer pregnant. The bill also provides a procedure to stay execution of a condemned inmate who becomes insane after conviction but before execution.
   An employee of the state shall not be required to perform or assist in any execution and shall not be discriminated against for refusing to participate.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.
   The bill contains severability provisions and takes effect January 1, 2025, and applies only to offenses committed on or after that date.