House File 62 - IntroducedA Bill ForAn Act 1creating a capital murder offense by establishing
2the penalty of death for murder in the first degree, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 13.2, subsection 1, Code 2019, is amended
2by adding the following new paragraph:
3   NEW PARAGRAPH.  0c.  Prosecute and defend all actions and
4proceedings involving capital murder as defined in section
5902.15, when in the attorney general’s judgment, the interest
6of the state requires the attorney general to intervene on
7behalf of the county attorney, or upon request by the county
8attorney.
9   Sec. 2.  Section 13B.4, Code 2019, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  6A.  The state public defender shall perform
12all of the following duties with respect to the appointment of
13counsel for indigent persons in cases in which a sentence of
14death may be or is to be imposed:
   15a.  Provide or contract with attorneys for appointment as
16lead counsel and cocounsel to provide legal services in cases
17where a person is charged with capital murder under section
18902.15, and the state has given notice of intent to seek the
19death penalty or in cases in which a sentence of death is to be
20imposed.
   21b.  Conduct or sponsor specialized training programs for
22attorneys representing persons who may be executed.
23   Sec. 3.  NEW SECTION.  602.10112  Qualifications of counsel
24in capital murder cases.
   25The supreme court shall prescribe rules which establish
26minimum standards and procedures by which attorneys may become
27qualified to provide legal services as lead counsel in cases in
28which a sentence of death may be or is to be imposed.
29   Sec. 4.  NEW SECTION.  812A.1  Procedure to determine sanity
30of condemned inmate.
   311.  At any time prior to execution of an inmate under section
32902.1A, if the director of the department of corrections or
33the counsel for a person who is under a sentence of execution
34has cause to believe that the inmate is suffering from such
35a diseased or deranged condition of the mind as to prevent
-1-1the defendant from knowing the nature and quality of the act
2the defendant has been convicted of, or from understanding
3that trial on the offense has taken place and that execution
4proceedings are about to take place, or to otherwise cause the
5defendant to lack the capacity to understand the sentence which
6has been imposed and to participate in any legal proceedings
7relating to the sentence, the director or counsel may file a
8request with the court that issued the warrant for execution
9for a determination of the inmate’s sanity. If the court
10determines that there is not sufficient reason to believe
11that the inmate is insane, the court shall enter an order
12denying the request and shall state the grounds for denying the
13request. If the court believes that there is sufficient reason
14to believe that the inmate is insane, the court shall suspend
15the execution and conduct a hearing to determine the sanity of
16the inmate.
   172.  At the hearing, the court shall determine the issue of
18the inmate’s sanity. Prior to the hearing, the court shall
19appoint two licensed physicians or licensed psychologists, or
20one licensed physician and one licensed psychologist, who are
21qualified by training and practice, for purposes of conducting
22a psychiatric or psychological examination of the inmate. The
23physicians or psychologists shall examine the inmate and report
24any findings in writing to the court within ten days after
25the order of examination is issued. The inmate shall have
26the right to present evidence and cross-examine any witnesses
27at the hearing. Any statement made by the inmate during the
28course of any examination provided for in this section, whether
29or not the inmate consents to the examination, shall not be
30admitted into evidence against the inmate in any criminal
31proceeding for purposes other than a determination of the
32inmate’s sanity.
   333.  If, at the conclusion of a hearing held pursuant to
34this section, the court determines that the inmate is sane,
35the court shall enter an order setting a date for the inmate’s
-2-1execution, which shall be carried into effect in the same
2manner as provided in the original sentence. A copy of the
3order shall be sent to the director of the department of
4corrections and the governor.
   54.  If, at the conclusion of a hearing held pursuant to this
6section, the court determines that the inmate is insane, the
7court shall suspend the execution until further order. At any
8time after issuance of the order, if the court has sufficient
9reason to believe that the inmate has become sane, the court
10shall again determine the sanity of the inmate as provided
11by this section. Proceedings pursuant to this section may
12continue to be held at such times as the court orders until
13it is either determined that the inmate is sane or incurably
14insane.
15   Sec. 5.  NEW SECTION.  814.28  Review of capital murder death
16sentence.
   171.  In a case in which a sentence of death is imposed, the
18supreme court shall automatically review the judgment and
19sentence. The court’s review of the case shall be de novo. The
20case shall not be transferred to the court of appeals.
   212.  A review by the supreme court of a judgment and sentence
22imposing the punishment of death has priority over all other
23criminal and other actions pending before the supreme court.
   243.  The supreme court shall review the trial and judgment,
25and shall separately review the sentencing proceeding. Upon
26determining that errors did not occur at the trial requiring
27reversal or modification of the judgment, the supreme court
28shall proceed to determine if the sentence of death is lawfully
29imposed. In its review of the sentencing proceeding the
30supreme court shall determine all of the following:
   31a.  Whether the sentence of death was imposed capriciously or
32under the influence of prejudice or other arbitrary factor.
   33b.  Whether the special verdicts returned under section
34901E.1 are supported by the evidence.
   35c.  Whether the sentence of death is excessive or
-3-1disproportionate to the penalty imposed in similar cases,
2considering both the crime and the defendant.
   34.  If the supreme court determines that the sentence of
4death was not lawfully imposed, the supreme court shall set
5aside the sentence and shall remand the case to the trial
6court for a second sentencing proceeding to determine if the
7imposition of death is warranted.
   85.  If the supreme court affirms the judgment and sentence
9of death, the clerk of the supreme court shall certify the
10judgment of the supreme court under the seal of the supreme
11court to the clerk of the trial court.
12   Sec. 6.  Section 815.10, Code 2019, is amended by adding the
13following new subsection:
14   NEW SUBSECTION.  1A.  If two attorneys have not already been
15appointed pursuant to section 13B.4 or 13B.9, the court shall
16appoint, for each indigent person who is charged with capital
17murder under section 902.15, and in which a notice of intent
18to seek the death penalty has been filed, two attorneys who
19are qualified under section 602.10112 to represent the person
20in the proceedings and in all state legal proceedings which
21take place from the time the person is indicted or arraigned
22until the person is sentenced on the charge. In addition, if
23at any point in federal postconviction proceedings an indigent
24person is not afforded court-appointed counsel, the state shall
25provide counsel to the person to present any claims determined
26meritorious by the federal court if the person is not otherwise
27represented by legal counsel. Only private attorneys and
28public defenders who are qualified to provide representation in
29cases in which the death penalty may be imposed are eligible
30for appointment or assignment to a case in which the death
31penalty may be imposed.
32   Sec. 7.  NEW SECTION.  901E.1  Capital murder proceedings —
33request for death penalty — penalty proceedings.
   341.  As used in this section:
   35a.  “Intellectually disabled” means the same as defined in
-4-1section 902.15.
   2b.  “Mentally ill” or “mental illness” means the same as
3defined in section 902.15.
   42.  If a notice of intent to seek the death penalty has
5been filed, objections to the imposition of the death penalty
6based upon allegations that a defendant was intellectually
7disabled or mentally ill at the time of the commission of
8the offense shall be raised within the time provided for the
9filing of pretrial motions under rule of criminal procedure
102.11, Iowa court rules. The court may, for good cause shown,
11allow late filing of the motion. Hearing on the motion shall
12be held prior to trial and the burden of proof shall be on the
13defendant to prove intellectual disability or mental illness
14by a preponderance of the evidence. If the court finds that
15the defendant is intellectually disabled, the defendant, if
16convicted of capital murder under section 902.15, shall not be
17sentenced to death but shall be sentenced to life imprisonment
18in the manner provided in section 902.1. A finding by the
19court that the evidence presented by the defendant at the
20hearing does not preclude the imposition of the death penalty
21under this section and section 902.15 shall not preclude the
22introduction of evidence of intellectual disability or mental
23illness during the penalty proceeding. If the court finds
24that evidence of intellectual disability or mental illness
25does not preclude imposition of the death penalty, evidence of
26intellectual disability or mental illness may be reviewed by
27the jury in the penalty proceeding and the jury shall not be
28informed of the finding in the initial proceeding at any time
29during the penalty proceeding.
   303.  If at the trial on a charge of capital murder under
31section 902.15, the state intends to request that the death
32penalty be imposed under section 902.1A, the prosecutor shall
33file a notice of intent to seek the death penalty, at the time
34of and as part of the information or indictment filed in the
35case.
-5-
   14.  If a notice of intent to seek the death penalty has been
2filed, the trial shall be conducted in bifurcated proceedings
3before the same trier of fact. During the initial proceeding,
4the jury, or the court if the defendant waives the right to a
5jury trial, shall decide only whether the defendant is guilty
6or not guilty of capital murder under section 902.15.
   7a.  If, in the initial proceeding, the court or jury finds
8the defendant guilty of, or the defendant pleads guilty to,
9an offense other than capital murder under section 902.15,
10the court shall sentence the defendant in accordance with the
11sentencing procedures set forth in rule of criminal procedure
122.23, Iowa court rules, and chapters 901 through 909, which are
13applicable to the offense.
   14b.  If the court or jury finds the defendant guilty of, or
15the defendant pleads guilty to, capital murder under section
16902.15, but the prosecuting attorney waives the death penalty,
17the court shall sentence the defendant to life imprisonment in
18accordance with the sentencing procedures set forth in rule of
19criminal procedure 2.23, Iowa court rules, and chapters 901
20through 909, which are otherwise applicable to convictions of
21murder in the first degree.
   22c.  If the court or jury finds the defendant guilty of
23capital murder under section 902.15, or a defendant enters a
24plea of guilty in the initial proceeding, and the prosecuting
25attorney does not waive imposition of the death penalty, a
26penalty proceeding shall be held in the manner provided in
27subsections 5 through 13.
   285.  No sooner than twenty-four hours after a verdict of
29guilty or a plea of guilty to capital murder under section
30902.15 is returned in the initial proceeding, a penalty
31proceeding shall be held to determine whether the defendant
32shall be sentenced to death or to life imprisonment. The
33proceeding shall be conducted in the trial court before the
34trial jury, or before the court if the defendant has waived
35the right to a jury trial or has waived the right for the
-6-1proceeding to be before the trial jury. Both the state and the
2defendant shall have the right to present opening statements
3at the commencement of the proceeding. In the proceeding,
4evidence relevant to the existence of any aggravating or
5mitigating circumstances may be presented as follows:
   6a.  The state or the defendant may present evidence relevant
7to the conviction of capital murder under section 902.15 and
8any aggravating circumstances other than juvenile delinquency
9adjudications for offenses which carry penalties equivalent to
10the penalties imposed for simple or serious misdemeanors. The
11state may introduce evidence of the actual harm caused by the
12commission of the capital murder offense under section 902.15,
13including but not limited to evidence relating to the life of
14the victim and the impact of the loss of the victim to the
15victim’s family and society.
   16b.  The defendant may present evidence that the defendant
17was intellectually disabled or mentally ill at the time of the
18commission of the offense. The burden of proof shall be on the
19defendant to prove intellectual disability or mental illness by
20a preponderance of the evidence.
   21c.  The state or the defendant may present evidence relevant
22to any mitigating circumstances which may exist. Mitigating
23circumstances may include the following circumstances:
   24(1)  The defendant was under the influence of an extreme
25mental or emotional disturbance insufficient to constitute a
26defense.
   27(2)  The age of the defendant at the time of the offense.
   28(3)  The defendant’s capacity to appreciate the wrongfulness
29of the defendant’s conduct and to conform that conduct to the
30requirements of law was significantly impaired as a result of a
31mental disease or defect or intellectual disability, but not to
32a degree sufficient to constitute a defense.
   33(4)  The defendant has no significant history of prior adult
34criminal activity.
   35(5)  The defendant acted under extreme duress or under the
-7-1substantial domination of another person.
   2(6)  The defendant did not directly commit the capital murder
3offense and the defendant did not intend to kill or anticipate
4that lethal force would be used.
   5(7)  Any other factor which is relevant to the defendant’s
6character or record or to the circumstances of the offense.
   7d.  The state and the defendant or the defendant’s counsel
8shall be permitted to present and cross-examine witnesses and
9present arguments for or against a sentence of death. Evidence
10regarding aggravating and mitigating circumstances shall not
11be governed by the rules governing admissibility of evidence,
12except that introduction of evidence secured in violation of
13the Constitution of the United States or of the Constitution of
14the State of Iowa shall not be permitted.
   156.  At the conclusion of presentation of evidence in
16the penalty proceeding, the state and the defendant or the
17defendant’s counsel shall be permitted to make closing
18arguments, including any rebuttal arguments, in the same manner
19as in the initial proceeding and the following issues shall be
20determined by the jury or by the court if there is no jury:
   21a.  Whether the aggravating circumstance or circumstances
22have been established beyond a reasonable doubt and outweigh
23any one or more mitigating circumstances.
   24b.  Whether the defendant shall be sentenced to death.
   257.  A recommendation for a sentence of death shall not be
26permitted if the recommendation is based on the race, color,
27religious beliefs, national origin, or sex of the defendant
28or of any victim, or based on any other protected class under
29chapter 216. After submission of the issues, but prior to the
30return of a finding in the penalty proceeding, if the matter
31is tried before a jury, the court shall instruct the jury
32that in considering whether a sentence of death is justified,
33the jury shall not consider race, color, religious beliefs,
34national origin, or sex of the defendant or of any victim, or
35consider any other protected class under chapter 216. The
-8-1court shall further instruct the jury that the jury shall not
2return a sentence of death unless the jury concludes that such
3a sentence would be recommended no matter what the race, color,
4religious beliefs, national origin, sex, or other protected
5class of the defendant or of any victim may be.
   68.  After submission of the issues, but prior to the
7commencement of the jury deliberations in the penalty
8proceeding, the court shall instruct the jury that if the
9defendant is not sentenced to death, the court is required by
10law to impose a sentence of imprisonment until death without
11parole. The court shall further instruct the jury that
12the sentence of imprisonment until death without parole is
13required by law if the jury fails to reach a unanimous verdict
14recommending a sentence of death.
   159.  Concurrently with the return of the findings on the
16issues submitted under subsection 6, the jury, or the court if
17there is no jury, shall return special verdicts as follows:
   18a.  Which aggravating circumstances were established beyond a
19reasonable doubt and were considered in reaching the verdict.
   20b.  Which mitigating circumstances were established and
21were considered in reaching the verdict returned on the issue
22specified in subsection 6, paragraph “a”.
   2310.  If the jury, or the court if there is no jury, returns
24a unanimous affirmative finding on each of the issues submitted
25under subsection 6, paragraphs “a” and “b”, the court shall
26enter a judgment of conviction and shall sentence the defendant
27to death as provided in section 902.1A.
   2811.  However, if evidence that the defendant was not a
29major participant in the commission of the capital murder
30under section 902.15, and that the defendant’s conduct did not
31manifest a reckless indifference to human life is presented
32to the jury, or to the court if there is no jury, the jury or
33the court shall also return a special verdict on the issue.
34If the jury unanimously determines, or the court if there is
35no jury, determines that a preponderance of evidence exists
-9-1that shows that the defendant was not a major participant in
2the commission of the capital murder under section 902.15,
3and that the defendant’s conduct did not manifest a reckless
4indifference to human life, the court shall enter a judgment
5of conviction and shall sentence the defendant to life
6imprisonment as provided in section 902.1, even if the jury or
7the court returns unanimous affirmative findings on each of the
8issues submitted under subsection 6.
   912.  If the jury, or the court if there is no jury, returns
10a negative finding on any of the issues submitted under
11subsection 6, paragraph “a” or “b”, the court shall enter a
12judgment of conviction and shall sentence the defendant to life
13imprisonment as provided in section 902.1.
   1413.  After a verdict has been rendered it shall be recorded
15on the jury verdict form and shall be read and recorded in open
16court. The jurors shall be collectively asked by the court
17whether the verdict returned is their true and correct verdict.
18Even though no juror makes any declaration to the contrary, the
19jury shall, if either party so requests, be polled and each
20juror shall be separately asked whether the verdict rendered by
21the jury foreperson is the juror’s true and correct verdict.
22If, upon either the collective or the separate inquiry, any
23juror denies that the verdict is the juror’s verdict, the court
24shall refuse to accept the verdict. The court may direct
25inquiry or permit inquiry by counsel to ascertain whether any
26juror has been subjected to coercion or has become confused
27during the jury deliberation process. The court may, as
28appropriate, direct the jury to resume deliberation in the
29case. If no disagreement on the verdict is expressed by any of
30the jurors, the court shall discharge the jury.
31   Sec. 8.  Section 902.1, subsection 1, Code 2019, is amended
32to read as follows:
   331.  Upon Except as provided in section 902.1A, a plea of
34guilty, a verdict of guilty, or a special verdict upon which a
35judgment of conviction of a class “A” felony may be rendered,
-10-1the court shall enter a judgment of conviction and shall commit
2the defendant into the custody of the director of the Iowa
3department of corrections for the rest of the defendant’s
4life. Nothing in the Iowa corrections code pertaining to
5deferred judgment, deferred sentence, suspended sentence, or
6reconsideration of sentence applies to a class “A” felony, and
7a person convicted of a class “A” felony shall not be released
8on parole unless the governor commutes the sentence to a term
9of years.
10   Sec. 9.  NEW SECTION.  902.1A  Capital murder — death
11penalty.
   121.  For the purposes of this section, “lethal injection”
13means a continuous intravenous injection of a lethal substance
14sufficient to cause death.
   152.  Notwithstanding section 902.1, upon return of a plea
16or verdict of guilty to capital murder under section 902.15,
17and a return of a verdict in favor of a sentence of death in
18a penalty proceeding conducted as provided in section 901E.1,
19the court shall enter a judgment of conviction and shall commit
20the defendant into the custody of the director of the Iowa
21department of corrections. The sentence shall be carried out
22by the administration of a lethal injection pursuant to rules
23adopted by the board of corrections. If a defendant, for whom
24a warrant of execution is issued, is pregnant, the execution
25shall not take place until after the defendant is no longer
26pregnant. If a defendant, for whom a warrant of execution is
27issued, is suffering from such a diseased or deranged condition
28of the mind as to prevent the defendant from knowing the nature
29and quality of the act the defendant has been convicted of,
30or from understanding that trial on the offense has taken
31place and that execution proceedings are about to take place,
32or to otherwise cause the defendant to lack the capacity
33to understand the sentence which has been imposed and to
34participate in any legal proceedings relating to the sentence,
35the execution shall not take place until after the defendant’s
-11-1capacity is restored. If the director of the department of
2corrections or the defendant’s counsel files a request with the
3court which issued the warrant of execution, alleging that the
4defendant suffers from such a diseased or deranged condition, a
5hearing on the matter shall be held in the manner provided in
6section 812A.1.
7   Sec. 10.  NEW SECTION.  902.15  Capital murder.
   81.  As used in this section:
   9a.  (1)  “Capital murder” means any murder that makes a
10person eligible for the death penalty.
   11(2)  A person is eligible for the death penalty when a person
12is convicted of murder in the first degree in violation of
13section 707.2.
   14b.  “Intellectually disabled” means significant subaverage
15general intellectual functioning accompanied by significant
16deficits or impairments in adaptive functioning manifested in
17the developmental period, but no later than the age of eighteen
18years, and accompanied by deficits in adaptive behavior.
   19c.  “Mentally ill” means the condition of a person who
20is suffering from a chronic and persistent serious mental
21disease or disorder and who, by reason of that condition, lacks
22sufficient judgment to make responsible decisions regarding
23treatment and is reasonably likely to injure the person’s self
24or others who may come into contact with the person if the
25person is allowed to remain at liberty without treatment.
   262.  A person who commits capital murder, who is not
27intellectually disabled or mentally ill, and who is age
28eighteen or older at the time of the murder in the first
29degree, shall be eligible for a sentence of death under section
30902.1A.
31   Sec. 11.  NEW SECTION.  902.16  Data collection for capital
32murder — death penalty.
   331.  The supreme court shall collect data on all capital
34murder charges in which the death penalty is or was not waived,
35which are filed and processed in the courts in this state.
-12-1This data may be used by the supreme court to determine whether
2death sentences imposed are excessive or disproportionate, or
3under the influence of prejudice under section 814.28. The
4court shall make this data available to litigants in death
5penalty cases.
   62.  Data collected by public officials concerning factors
7relevant to the imposition of the death sentence shall be made
8publicly available.
9   Sec. 12.  NEW SECTION.  903C.1  Executions — refusal to
10perform.
   11An employee of the state who may lawfully perform, assist, or
12participate in the execution of a person pursuant to section
13902.1A, and rules adopted by the department of corrections,
14shall not be required to perform, assist, or participate in
15the execution. State employees who refuse to perform, assist,
16or participate in the execution of a person shall not be
17discriminated against in any way, including but not limited
18to employment, promotion, advancement, transfer, licensing,
19education, training, or the granting of any privileges or
20appointments because of the refusal to perform, assist, or
21participate in the execution.
22   Sec. 13.  Section 904.105, Code 2019, is amended by adding
23the following new subsection:
24   NEW SUBSECTION.  9A.  Adopt rules pursuant to chapter 17A
25pertaining to executions of persons convicted of capital murder
26under section 902.15. Rules adopted shall include but are not
27limited to rules permitting the witnessing of executions by
28members of the public and the victim’s family. Invitations
29to witness an execution shall at least be extended to the
30following representatives of the news media:
   31a.  A representative from a wire service serving Iowa.
   32b.  A representative from a broadcasting network serving
33Iowa.
   34c.  A representative from a television station located in
35Iowa.
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   1d.  A representative from a radio station located in Iowa.
   2e.  A representative from a daily newspaper published in
3Iowa.
   4f.  A representative from a weekly newspaper published in
5Iowa.
   6g.  A representative from the news media from the community
7in which the condemned person resided, if that community is
8located in Iowa.
9   Sec. 14.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
103, shall not apply to this Act.
11   Sec. 15.  SEVERABILITY.  If any provision of this Act or the
12application thereof to any person is invalid, the invalidity
13shall not affect the provisions or application of this Act
14which can be given effect without the invalid provisions or
15application and to this end, the provisions of this Act are
16severable.
17   Sec. 16.  EFFECTIVE DATE.  This Act takes effect January 1,
182020.
19   Sec. 17.  APPLICABILITY.  This Act applies to offenses
20committed on or after the effective date of this Act.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
   24This bill amends the Iowa criminal code to provide for
25punishment by death for capital murder committed by a person
26age 18 or older if the trial jury, or the judge if there
27is no jury, makes specific findings and whether the jury
28believes the defendant should be put to death in a separate
29penalty proceeding held after the close of the initial trial
30proceeding. Under the bill, a death sentence could be imposed
31if the murder would constitute murder in the first degree.
   32The bill provides that in order to receive a sentence of
33death, the defendant must be at least 18 years of age at the
34time the murder in the first degree was committed, must not be
35mentally ill or intellectually disabled, and must have been a
-14-1major participant in the commission of the crime or must have
2shown a manifest indifference to human life.
   3The bill specifies that the attorney general may prosecute
4all actions and proceedings involving capital murder, when
5in the attorney general’s judgment the interest of the state
6requires the attorney general to intervene on behalf of the
7county attorney, or upon request by the county attorney.
   8If a person is indigent and is charged with capital murder,
9payment of costs for two attorneys is authorized. The supreme
10court is required to establish standards for the competency of
11counsel in death penalty cases. The state public defender is
12charged with establishing teams of qualified lead and cocounsel
13for death penalty cases, as well as conducting or sponsoring
14specialized training programs for attorneys representing
15persons who may be executed.
   16If a capital murder case proceeds to trial and a notice of
17intent to seek the death penalty has been filed, in addition to
18any other defenses which may be presented to the charge, the
19defendant may raise the issue of intellectual disability or
20mental illness during the time of filing pretrial motions.
   21Once the evidence is submitted to the jury, the court
22will instruct the jury, at the defendant’s request, that in
23considering whether a sentence of death is justified, the
24race, color, religious beliefs, national origin, sex, or other
25protected classes under Code chapter 216 of the defendant or
26of any victim is not to be considered. The supreme court
27shall collect evidence relating to whether the death sentences
28imposed are excessive, disproportionate, or imposed under the
29influence of prejudice at trial which will be available to
30litigants.
   31The sentence of death is imposed only when the trier of fact
32(the jury or the court if the defendant has waived the right to
33a jury trial) unanimously answers two questions affirmatively:
34(1) whether aggravating circumstances established beyond
35a reasonable doubt outweigh any mitigating circumstances
-15-1that may exist; and (2) whether the defendant should be
2sentenced to death. Mitigating factors the trier of fact may
3consider include the following: the defendant was under the
4influence of an extreme mental or emotional disturbance; the
5age of the defendant; the defendant’s ability to appreciate
6the wrongfulness of the conduct due to mental disease but
7not to a degree to constitute a defense; the defendant has
8no significant prior criminal history; the defendant was
9under extreme duress; the defendant did not directly commit
10the murder; and the defendant’s character or record or the
11circumstances of the offense. The sentencing proceeding is
12conducted separately from the finding of guilt or innocence by
13the same trier of fact.
   14For the sentencing proceeding, the trier of fact (the jury
15or the court if the defendant has waived the right to have
16the jury hear the proceedings) is to weigh any aggravating
17circumstances established beyond a reasonable doubt by the
18state against any of the enumerated mitigating circumstances
19which may be presented by the defendant. Evidence of certain
20juvenile delinquency adjudications is not admissible in any
21proceeding to determine the sentence. If the jury fails to
22agree unanimously on the required affirmative findings, the
23penalty imposed would be life imprisonment.
   24The death penalty sentence would be reviewed automatically
25by the supreme court. The supreme court shall review the trial
26and judgment separately from the sentencing proceeding. If the
27supreme court finds error in the sentencing proceeding, the
28supreme court may remand the case back to district court for a
29new sentencing hearing. The bill requires the supreme court to
30examine whether the sentence is excessive or disproportionate
31to penalties in similar cases. If affirmed by the supreme
32court, the penalty would be accomplished by lethal injection.
33The bill requires the board of corrections to adopt rules
34pertaining to executions, including rules pertaining to the
35witnessing of executions.
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   1A person who is sentenced to death, but who is pregnant when
2the warrant of execution is issued, is not to be executed until
3the person is no longer pregnant. A procedure is also provided
4to stay execution of a condemned inmate who becomes insane
5after conviction but before execution.
   6An employee of the state shall not be required to perform or
7assist in any execution and shall not be discriminated against
8for refusing to participate.
   9The bill may include a state mandate as defined in Code
10section 25B.3. The bill makes inapplicable Code section 25B.2,
11subsection 3, which would relieve a political subdivision from
12complying with a state mandate if funding for the cost of
13the state mandate is not provided or specified. Therefore,
14political subdivisions are required to comply with any state
15mandate included in the bill.
   16The bill contains severability provisions and takes effect
17January 1, 2020, and applies only to offenses committed on or
18after that date.
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