Print
Senate File 82 - IntroducedA Bill ForAn Act 1creating a capital murder offense by establishing the
2penalty of death for murder in the first degree offenses
3involving kidnapping and sexual abuse offenses against the
4same victim who is a minor, and including effective date and
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. The state public defender shall perform
4all of the following duties with respect to the appointment of
5counsel for indigent persons in cases in which a sentence of
6death may be or is to be imposed:
7a. Provide or contract with attorneys for appointment as
8lead counsel and co-counsel to provide legal services in cases
9where a person is charged with capital murder under section
10902.15, and the state has given notice of intent to seek the
11death penalty or in cases in which a sentence of death is to be
12imposed.
13b. Conduct or sponsor specialized training programs for
14attorneys representing persons who may be executed.
15 Sec. 2. NEW SECTION. 602.10112 Qualifications of counsel
16in capital murder cases.
17The supreme court shall prescribe rules which establish
18minimum standards and procedures by which attorneys may become
19qualified to provide legal services as lead counsel in cases in
20which a sentence of death may be or is to be imposed.
21 Sec. 3. NEW SECTION. 812A.1 Procedure to determine sanity
22of condemned inmate.
231. At any time prior to the execution of an inmate
24under section 902.1A, if the director of the department of
25corrections or the counsel for a person who is under a sentence
26of execution has cause to believe that the inmate is suffering
27from a mental illness as to prevent the defendant from knowing
28the nature and quality of the act the defendant has been
29convicted of, or from understanding that trial on the offense
30has taken place and that execution proceedings are about to
31take place, or to otherwise cause the defendant to lack the
32capacity to understand the sentence which has been imposed
33and to participate in any legal proceedings relating to the
34sentence, the director or counsel may file a request with the
35court that issued the warrant for execution for a determination
-1-1of the inmate’s sanity. If the court determines that there is
2not sufficient reason to believe that the inmate is insane, the
3court shall enter an order denying the request and shall state
4the grounds for denying the request. If the court believes
5that there is sufficient reason to believe that the inmate is
6insane, the court shall suspend the execution and conduct a
7hearing to determine the sanity of the inmate.
82. At the hearing, the court shall determine the issue of
9the inmate’s sanity. Prior to the hearing, the court shall
10appoint two licensed physicians or licensed psychologists, or
11one licensed physician and one licensed psychologist, who are
12qualified by training and practice, for purposes of conducting
13a psychiatric or psychological examination of the inmate. The
14physicians or psychologists shall examine the inmate and report
15any findings in writing to the court within ten days after
16the order of examination is issued. The inmate shall have
17the right to present evidence and cross-examine any witnesses
18at the hearing. Any statement made by the inmate during the
19course of any examination provided for in this section, whether
20or not the inmate consents to the examination, shall not be
21admitted into evidence against the inmate in any criminal
22proceeding for purposes other than a determination of the
23inmate’s sanity.
243. If, at the conclusion of a hearing held pursuant to
25this section, the court determines that the inmate is sane,
26the court shall enter an order setting a date for the inmate’s
27execution, which shall be carried into effect in the same
28manner as provided in the original sentence. A copy of the
29order shall be sent to the director of the department of
30corrections and the governor.
314. If, at the conclusion of a hearing held pursuant to this
32section, the court determines that the inmate is insane, the
33court shall suspend the execution until further order. At any
34time after issuance of the order, if the court has sufficient
35reason to believe that the inmate has become sane, the court
-2-1shall again determine the sanity of the inmate as provided
2by this section. Proceedings pursuant to this section may
3continue to be held at such times as the court orders until
4it is either determined that the inmate is sane or incurably
5insane.
6 Sec. 4. NEW SECTION. 814.30 Review of capital murder death
7sentence.
81. In a case in which a sentence of death is imposed, the
9supreme court shall automatically review the judgment and
10sentence. The court’s review of the case shall be de novo. The
11case shall not be transferred to the court of appeals.
122. A review by the supreme court of a judgment and sentence
13imposing the punishment of death has priority over all other
14criminal and other actions pending before the supreme court.
153. The supreme court shall review the trial and judgment,
16and shall separately review the sentencing proceeding. Upon
17determining that errors did not occur at the trial requiring
18reversal or modification of the judgment, the supreme court
19shall proceed to determine if the sentence of death is lawfully
20imposed. In its review of the sentencing proceeding, the
21supreme court shall determine all of the following:
22a. Whether the sentence of death was imposed capriciously or
23under the influence of prejudice or any other arbitrary factor.
24b. Whether the special verdicts returned under section
25901E.1 are supported by the evidence.
26c. Whether the sentence of death is excessive or
27disproportionate to the penalty imposed in similar cases,
28considering both the crime and the defendant.
294. If the supreme court determines that the sentence of
30death was not lawfully imposed, the supreme court shall set
31aside the sentence and shall remand the case to the trial
32court for a second sentencing proceeding to determine if the
33imposition of death is warranted.
345. If the supreme court affirms the judgment and sentence
35of death, the clerk of the supreme court shall certify the
-3-1judgment of the supreme court under the seal of the supreme
2court to the clerk of the trial court.
3 Sec. 5. Section 815.10, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 1A. If two attorneys have not already been
6appointed pursuant to subsection 1, the court shall appoint,
7for each indigent person who is charged with capital murder
8under section 902.15, and in which a notice of intent to
9seek the death penalty has been filed, two attorneys who are
10qualified under section 602.10112 to represent the person in
11the proceedings and in all state legal proceedings which take
12place from the time the person is indicted or arraigned until
13the person is sentenced on the charge. In addition, if at
14any point in federal postconviction proceedings an indigent
15person is not afforded court-appointed counsel, the state shall
16provide counsel to the person to present any claims determined
17meritorious by the federal court if the person is not otherwise
18represented by legal counsel. Only private attorneys and
19public defenders who are qualified to provide representation in
20cases in which the death penalty may be imposed are eligible
21for appointment or assignment to a case in which the death
22penalty may be imposed.
23 Sec. 6. NEW SECTION. 901E.1 Capital murder proceedings —
24request for death penalty — penalty proceedings.
251. As used in this section:
26a. “Intellectually disabled” means the same as defined in
27section 902.15.
28b. “Mentally ill” or “mental illness” means the same as
29defined in section 902.15.
302. If a notice of intent to seek the death penalty has
31been filed, objections to the imposition of the death penalty
32based upon allegations that a defendant was intellectually
33disabled or mentally ill at the time of the commission of
34the offense shall be raised within the time provided for the
35filing of pretrial motions under rule of criminal procedure
-4-12.11, Iowa court rules. The court may, for good cause shown,
2allow late filing of the motion. Hearing on the motion shall
3be held prior to trial and the burden of proof shall be on the
4defendant to prove intellectual disability or mental illness
5by a preponderance of the evidence. If the court finds that
6the defendant is intellectually disabled, the defendant, if
7convicted of capital murder under section 902.15, shall not be
8sentenced to death but shall be sentenced to life imprisonment
9in the manner provided in section 902.1. A finding by the
10court that the evidence presented by the defendant at the
11hearing does not preclude the imposition of the death penalty
12under this section and section 902.15 shall not preclude the
13introduction of evidence of intellectual disability or mental
14illness during the penalty proceeding. If the court finds
15that evidence of intellectual disability or mental illness
16does not preclude imposition of the death penalty, evidence of
17intellectual disability or mental illness may be reviewed by
18the jury in the penalty proceeding and the jury shall not be
19informed of the finding in the initial proceeding at any time
20during the penalty proceeding.
213. If at the trial on a charge of capital murder under
22section 902.15, the state intends to request that the death
23penalty be imposed under section 902.1A, the prosecutor shall
24file a notice of intent to seek the death penalty, at the time
25of and as part of the information or indictment filed in the
26case.
274. If a notice of intent to seek the death penalty has been
28filed, the trial shall be conducted in bifurcated proceedings
29before the same trier of fact. During the initial proceeding,
30the jury, or the court if the defendant waives the right to a
31jury trial, shall decide only whether the defendant is guilty
32or not guilty of capital murder under section 902.15.
33a. If, in the initial proceeding, the court or jury finds
34the defendant guilty of, or the defendant pleads guilty to,
35an offense other than capital murder under section 902.15,
-5-1the court shall sentence the defendant in accordance with the
2sentencing procedures set forth in rule of criminal procedure
32.23, Iowa court rules, and chapters 901 through 909, which are
4applicable to the offense.
5b. If the court or jury finds the defendant guilty of, or
6the defendant pleads guilty to, capital murder under section
7902.15, but the prosecuting attorney waives the death penalty,
8the court shall sentence the defendant to life imprisonment in
9accordance with the sentencing procedures set forth in rule of
10criminal procedure 2.23, Iowa court rules, and chapters 901
11through 909, which are otherwise applicable to convictions of
12murder in the first degree.
13c. If the court or jury finds the defendant guilty of
14capital murder under section 902.15, or a defendant enters a
15plea of guilty in the initial proceeding, and the prosecuting
16attorney does not waive imposition of the death penalty, a
17penalty proceeding shall be held in the manner provided in
18subsections 5 through 13.
195. No sooner than twenty-four hours after a verdict of
20guilty or a plea of guilty to capital murder under section
21902.15 is returned in the initial proceeding, a penalty
22proceeding shall be held to determine whether the defendant
23shall be sentenced to death or to life imprisonment. The
24proceeding shall be conducted in the trial court before the
25trial jury, or before the court if the defendant has waived
26the right to a jury trial or has waived the right for the
27proceeding to be before the trial jury. Both the state and the
28defendant shall have the right to present opening statements
29at the commencement of the proceeding. In the proceeding,
30evidence relevant to the existence of any aggravating or
31mitigating circumstances may be presented as follows:
32a. The state or the defendant may present evidence relevant
33to the conviction of capital murder under section 902.15 and
34any aggravating circumstances other than juvenile delinquency
35adjudications for offenses which carry penalties equivalent to
-6-1the penalties imposed for simple or serious misdemeanors. The
2state may introduce evidence of the actual harm caused by the
3commission of the capital murder offense under section 902.15,
4including but not limited to evidence relating to the life of
5the victim and the impact of the loss of the victim to the
6victim’s family and society.
7b. The defendant may present evidence that the defendant
8was intellectually disabled or mentally ill at the time of the
9commission of the offense. The burden of proof shall be on the
10defendant to prove intellectual disability or mental illness by
11a preponderance of the evidence.
12c. The state or the defendant may present evidence relevant
13to any mitigating circumstances which may exist. Mitigating
14circumstances may include the following circumstances:
15(1) The defendant was under the influence of a mental
16illness insufficient to constitute a defense.
17(2) The age of the defendant at the time of the offense.
18(3) The defendant’s capacity to appreciate the wrongfulness
19of the defendant’s conduct and to conform that conduct to the
20requirements of law was significantly impaired as a result of a
21mental illness or intellectual disability, but not to a degree
22sufficient to constitute a defense.
23(4) The defendant has no significant history of prior adult
24criminal activity.
25(5) The defendant acted under extreme duress or under the
26substantial domination of another person.
27(6) The defendant did not directly commit the capital murder
28offense and the defendant did not intend to kill or anticipate
29that lethal force would be used.
30(7) Any other factor which is relevant to the defendant’s
31character or record or to the circumstances of the offense.
32d. The state and the defendant or the defendant’s counsel
33shall be permitted to present and cross-examine witnesses and
34present arguments for or against a sentence of death. Evidence
35regarding aggravating and mitigating circumstances shall not
-7-1be governed by the rules governing admissibility of evidence,
2except that introduction of evidence secured in violation of
3the Constitution of the United States or of the Constitution of
4the State of Iowa shall not be permitted.
56. At the conclusion of presentation of evidence in
6the penalty proceeding, the state and the defendant or the
7defendant’s counsel shall be permitted to make closing
8arguments, including any rebuttal arguments, in the same manner
9as in the initial proceeding, and the following issues shall be
10determined by the jury or by the court if there is no jury:
11a. Whether the aggravating circumstance or circumstances
12have been established beyond a reasonable doubt and outweigh
13any one or more mitigating circumstances.
14b. Whether the defendant shall be sentenced to death.
157. A recommendation for a sentence of death shall not be
16permitted if the recommendation is based on the race, color,
17religious beliefs, national origin, or sex of the defendant
18or of any victim, or based on any other protected class under
19chapter 216. After submission of the issues, but prior to the
20return of a finding in the penalty proceeding, if the matter
21is tried before a jury, the court shall instruct the jury
22that in considering whether a sentence of death is justified,
23the jury shall not consider race, color, religious beliefs,
24national origin, or sex of the defendant or of any victim, or
25consider any other protected class under chapter 216. The
26court shall further instruct the jury that the jury shall not
27return a sentence of death unless the jury concludes that such
28a sentence would be recommended no matter what the race, color,
29religious beliefs, national origin, sex, or other protected
30class of the defendant or of any victim may be.
318. After submission of the issues, but prior to the
32commencement of the jury deliberations in the penalty
33proceeding, the court shall instruct the jury that if the
34defendant is not sentenced to death, the court is required by
35law to impose a sentence of imprisonment until death without
-8-1parole. The court shall further instruct the jury that
2the sentence of imprisonment until death without parole is
3required by law if the jury fails to reach a unanimous verdict
4recommending a sentence of death.
59. Concurrently with the return of the findings on the
6issues submitted under subsection 6, the jury, or the court if
7there is no jury, shall return special verdicts as follows:
8a. Which aggravating circumstances were established beyond a
9reasonable doubt and were considered in reaching the verdict.
10b. Which mitigating circumstances were established and
11were considered in reaching the verdict returned on the issue
12specified in subsection 6, paragraph “a”.
1310. If the jury, or the court if there is no jury,
14returns a unanimous affirmative finding on each of the issues
15submitted under subsection 6, the court shall enter a judgment
16of conviction and shall sentence the defendant to death as
17provided in section 902.1A.
1811. However, if evidence that the defendant was not a
19major participant in the commission of the capital murder
20under section 902.15, and that the defendant’s conduct did not
21manifest a reckless indifference to human life is presented
22to the jury, or to the court if there is no jury, the jury or
23the court shall also return a special verdict on the issue.
24If the jury unanimously determines, or the court if there is
25no jury, determines that a preponderance of evidence exists
26that shows that the defendant was not a major participant in
27the commission of the capital murder under section 902.15,
28and that the defendant’s conduct did not manifest a reckless
29indifference to human life, the court shall enter a judgment
30of conviction and shall sentence the defendant to life
31imprisonment as provided in section 902.1, even if the jury or
32the court returns unanimous affirmative findings on each of the
33issues submitted under subsection 6.
3412. If the jury, or the court if there is no jury, returns
35a negative finding on any of the issues submitted under
-9-1subsection 6, the court shall enter a judgment of conviction
2and shall sentence the defendant to life imprisonment as
3provided in section 902.1.
413. After a verdict has been rendered, it shall be recorded
5on the jury verdict form and shall be read and recorded in open
6court. The jurors shall be collectively asked by the court
7whether the verdict returned is their true and correct verdict.
8Even though no juror makes any declaration to the contrary, the
9jury shall, if either party so requests, be polled and each
10juror shall be separately asked whether the verdict rendered by
11the jury foreperson is the juror’s true and correct verdict.
12If, upon either the collective or the separate inquiry, any
13juror denies that the verdict is the juror’s verdict, the court
14shall refuse to accept the verdict. The court may direct
15inquiry or permit inquiry by counsel to ascertain whether any
16juror has been subjected to coercion or has become confused
17during the jury deliberation process. The court may, as
18appropriate, direct the jury to resume deliberation in the
19case. If no disagreement on the verdict is expressed by any of
20the jurors, the court shall discharge the jury.
21 Sec. 7. Section 902.1, subsection 1, Code 2021, is amended
22to read as follows:
231. Upon Except as provided in section 902.1A, a plea of
24guilty, a verdict of guilty, or a special verdict upon which a
25judgment of conviction of a class “A” felony may be rendered,
26the court shall enter a judgment of conviction and shall commit
27the defendant into the custody of the director of the Iowa
28department of corrections for the rest of the defendant’s
29life. Nothing in the Iowa corrections code pertaining to
30deferred judgment, deferred sentence, suspended sentence, or
31reconsideration of sentence applies to a class “A” felony, and
32a person convicted of a class “A” felony shall not be released
33on parole unless the governor commutes the sentence to a term
34of years.
35 Sec. 8. NEW SECTION. 902.1A Capital murder — death
-10-1penalty.
21. For the purposes of this section, “lethal injection”
3means a continuous intravenous injection of a lethal substance
4sufficient to cause death.
52. Notwithstanding section 902.1, upon return of a plea
6or verdict of guilty to capital murder under section 902.15,
7and a return of a verdict in favor of a sentence of death in
8a penalty proceeding conducted as provided in section 901E.1,
9the court shall enter a judgment of conviction and shall commit
10the defendant into the custody of the director of the Iowa
11department of corrections. The sentence shall be carried out
12by the administration of a lethal injection pursuant to rules
13adopted by the board of corrections. If a defendant, for whom
14a warrant of execution is issued, is pregnant, the execution
15shall not take place until after the defendant is no longer
16pregnant. If a defendant, for whom a warrant of execution
17is issued, is suffering from a mental illness as to prevent
18the defendant from knowing the nature and quality of the act
19the defendant has been convicted of, or from understanding
20that trial on the offense has taken place and that execution
21proceedings are about to take place, or to otherwise cause the
22defendant to lack the capacity to understand the sentence which
23has been imposed and to participate in any legal proceedings
24relating to the sentence, the execution shall not take place
25until after the defendant’s capacity is restored. If the
26director of the department of corrections or the defendant’s
27counsel files a request with the court which issued the warrant
28of execution alleging that the defendant suffers from a mental
29illness, a hearing on the matter shall be held in the manner
30provided in section 812A.1.
31 Sec. 9. NEW SECTION. 902.15 Capital murder.
321. As used in this section:
33a. “Capital murder” means any murder that makes a person
34eligible for the death penalty.
35b. “Eligible for the death penalty” means when a person
-11-1is convicted of the multiple offenses of murder in the first
2degree in violation of section 707.2, kidnapping in violation
3of section 710.2, 710.3, or 710.4, and sexual abuse in
4violation of section 709.2, 709.3, or 709.4 with respect to the
5same victim, and the victim is a minor.
6c. “Intellectually disabled” means significant subaverage
7general intellectual functioning accompanied by significant
8deficits or impairments in adaptive functioning manifested in
9the developmental period, but no later than the age of eighteen
10years, and accompanied by deficits in adaptive behavior.
11d. “Mentally ill” or “mental illness” means the condition
12of a person who is suffering from a chronic and persistent
13serious mental disease or disorder and who, by reason of that
14condition, lacks sufficient judgment to make responsible
15decisions regarding treatment and is reasonably likely to
16injure the person’s self or others who may come into contact
17with the person if the person is allowed to remain at liberty
18without treatment.
19e. “Minor” means a person under eighteen years of age.
202. A person who commits capital murder, who is eligible
21for the death penalty, who is not intellectually disabled or
22mentally ill, and who is age eighteen or older at the time of
23the capital murder, shall be subject to a sentence of death
24under section 902.1A.
25 Sec. 10. NEW SECTION. 902.16 Data collection for capital
26murder — death penalty.
271. The supreme court shall collect data on all capital
28murder charges in which the death penalty is or was not waived
29which are filed and processed in the courts in this state.
30This data may be used by the supreme court to determine whether
31death sentences imposed are excessive or disproportionate, or
32under the influence of prejudice under section 814.28. The
33court shall make this data available to litigants in death
34penalty cases.
352. Data collected by public officials concerning factors
-12-1relevant to the imposition of the death sentence shall be made
2publicly available.
3 Sec. 11. NEW SECTION. 903C.1 Executions — refusal to
4perform.
5An employee of the state who may lawfully perform, assist, or
6participate in the execution of a person pursuant to section
7902.1A, and rules adopted by the department of corrections,
8shall not be required to perform, assist, or participate in
9the execution. State employees who refuse to perform, assist,
10or participate in the execution of a person shall not be
11discriminated against in any way, including but not limited
12to employment, promotion, advancement, transfer, licensing,
13education, training, or the granting of any privileges or
14appointments because of the refusal to perform, assist, or
15participate in the execution.
16 Sec. 12. Section 904.105, Code 2021, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A
19pertaining to executions of persons convicted of capital murder
20under section 902.15. Rules adopted shall include but are not
21limited to rules permitting the witnessing of executions by
22members of the public and the victim’s family. Invitations
23to witness an execution shall at least be extended to the
24following representatives of the news media:
25a. A representative from a wire service serving Iowa.
26b. A representative from a broadcasting network serving
27Iowa.
28c. A representative from a television station located in
29Iowa.
30d. A representative from a radio station located in Iowa.
31e. A representative from a daily newspaper published in
32Iowa.
33f. A representative from a weekly newspaper published in
34Iowa.
35g. A representative from the news media from the community
-13-1in which the condemned person resided, if that community is
2located in Iowa.
3 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
43, shall not apply to this Act.
5 Sec. 14. SEVERABILITY. If any provision of this Act or the
6application thereof to any person is invalid, the invalidity
7shall not affect the provisions or application of this Act
8which can be given effect without the invalid provisions or
9application and to this end, the provisions of this Act are
10severable.
11 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1,
122022.
13 Sec. 16. APPLICABILITY. This Act applies to offenses
14committed on or after the effective date of this Act.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill amends the Iowa criminal code to provide for
19punishment by death for capital murder committed by a person
20age 18 or older if the trial jury, or the judge if there
21is no jury, makes specific findings and whether the jury
22believes the defendant should be put to death in a separate
23penalty proceeding held after the close of the initial trial
24proceeding.
25Under the bill, a death penalty sentence could be imposed
26if the person is convicted of the multiple offenses of murder
27in the first degree, kidnapping in the first, second, or third
28degree, and sexual abuse in the first, second, or third degree
29with respect to the same victim, and the victim is a minor.
30The bill provides that in order to receive a sentence of
31death, the defendant must be at least 18 years of age at the
32time the murder in the first degree was committed, must not be
33mentally ill or intellectually disabled, and must have been a
34major participant in the commission of the crime or must have
35shown a manifest indifference to human life.
-14- 1If a person is indigent and is charged with capital murder,
2payment of costs for two attorneys is authorized. The supreme
3court is required to establish standards for the competency
4of counsel in death penalty cases. The state public defender
5is charged with establishing teams of qualified lead and
6co-counsel for death penalty cases, as well as conducting
7or sponsoring specialized training programs for attorneys
8representing persons who may be executed.
9If a capital murder case proceeds to trial and a notice of
10intent to seek the death penalty has been filed, in addition to
11any other defenses which may be presented to the charge, the
12defendant may raise the issue of intellectual disability or
13mental illness during the time of filing pretrial motions.
14Once the evidence is submitted to the jury, the court
15will instruct the jury, at the defendant’s request, that in
16considering whether a sentence of death is justified, the
17race, color, religious beliefs, national origin, sex, or other
18protected classes under Code chapter 216 of the defendant or
19of any victim is not to be considered. The supreme court
20shall collect evidence relating to whether the death sentences
21imposed are excessive, disproportionate, or imposed under the
22influence of prejudice at trial which will be available to
23litigants.
24The sentence of death is imposed only when the trier of fact
25(the jury or the court if the defendant has waived the right to
26a jury trial) unanimously answers two questions affirmatively:
27(1) whether aggravating circumstances established beyond a
28reasonable doubt outweigh any mitigating circumstances that
29may exist; and (2) whether the defendant should be sentenced
30to death. Mitigating factors the trier of fact may consider
31include the following: whether the defendant was under the
32influence of a mental illness; the age of the defendant;
33the defendant’s ability to appreciate the wrongfulness of
34the conduct due to a mental illness but not to a degree to
35constitute a defense; the defendant has no significant prior
-15-1criminal history; the defendant was under extreme duress;
2the defendant did not directly commit the murder; and the
3defendant’s character or record or the circumstances of the
4offense. The sentencing proceeding is conducted separately
5from the finding of guilt or innocence by the same trier of
6fact.
7For the sentencing proceeding, the trier of fact (the jury
8or the court if the defendant has waived the right to have
9the jury hear the proceedings) is to weigh any aggravating
10circumstances established beyond a reasonable doubt by the
11state against any of the enumerated mitigating circumstances
12which may be presented by the defendant. Evidence of certain
13juvenile delinquency adjudications is not admissible in any
14proceeding to determine the sentence. If the jury fails to
15agree unanimously on the required affirmative findings, the
16penalty imposed would be life imprisonment.
17The death penalty sentence would be reviewed automatically
18by the supreme court. The supreme court shall review the trial
19and judgment separately from the sentencing proceeding. If the
20supreme court finds error in the sentencing proceeding, the
21supreme court may remand the case back to district court for a
22new sentencing hearing. The bill requires the supreme court to
23examine whether the sentence is excessive or disproportionate
24to penalties in similar cases. If affirmed by the supreme
25court, the penalty would be accomplished by lethal injection.
26The bill requires the board of corrections to adopt rules
27pertaining to executions, including rules pertaining to the
28witnessing of executions.
29A person who is sentenced to death, but who is pregnant when
30the warrant of execution is issued, is not to be executed until
31the person is no longer pregnant. A procedure is also provided
32to stay execution of a condemned inmate who becomes insane
33after conviction but before execution.
34An employee of the state shall not be required to perform or
35assist in any execution and shall not be discriminated against
-16-1for refusing to participate.
2The bill may include a state mandate as defined in Code
3section 25B.3. The bill makes inapplicable Code section 25B.2,
4subsection 3, which would relieve a political subdivision from
5complying with a state mandate if funding for the cost of
6the state mandate is not provided or specified. Therefore,
7political subdivisions are required to comply with any state
8mandate included in the bill.
9The bill contains severability provisions and takes effect
10January 1, 2022, and applies only to offenses committed on or
11after that date.
-17-as/rh
2penalty of death for murder in the first degree offenses
3involving kidnapping and sexual abuse offenses against the
4same victim who is a minor, and including effective date and
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. The state public defender shall perform
4all of the following duties with respect to the appointment of
5counsel for indigent persons in cases in which a sentence of
6death may be or is to be imposed:
7a. Provide or contract with attorneys for appointment as
8lead counsel and co-counsel to provide legal services in cases
9where a person is charged with capital murder under section
10902.15, and the state has given notice of intent to seek the
11death penalty or in cases in which a sentence of death is to be
12imposed.
13b. Conduct or sponsor specialized training programs for
14attorneys representing persons who may be executed.
15 Sec. 2. NEW SECTION. 602.10112 Qualifications of counsel
16in capital murder cases.
17The supreme court shall prescribe rules which establish
18minimum standards and procedures by which attorneys may become
19qualified to provide legal services as lead counsel in cases in
20which a sentence of death may be or is to be imposed.
21 Sec. 3. NEW SECTION. 812A.1 Procedure to determine sanity
22of condemned inmate.
231. At any time prior to the execution of an inmate
24under section 902.1A, if the director of the department of
25corrections or the counsel for a person who is under a sentence
26of execution has cause to believe that the inmate is suffering
27from a mental illness as to prevent the defendant from knowing
28the nature and quality of the act the defendant has been
29convicted of, or from understanding that trial on the offense
30has taken place and that execution proceedings are about to
31take place, or to otherwise cause the defendant to lack the
32capacity to understand the sentence which has been imposed
33and to participate in any legal proceedings relating to the
34sentence, the director or counsel may file a request with the
35court that issued the warrant for execution for a determination
-1-1of the inmate’s sanity. If the court determines that there is
2not sufficient reason to believe that the inmate is insane, the
3court shall enter an order denying the request and shall state
4the grounds for denying the request. If the court believes
5that there is sufficient reason to believe that the inmate is
6insane, the court shall suspend the execution and conduct a
7hearing to determine the sanity of the inmate.
82. At the hearing, the court shall determine the issue of
9the inmate’s sanity. Prior to the hearing, the court shall
10appoint two licensed physicians or licensed psychologists, or
11one licensed physician and one licensed psychologist, who are
12qualified by training and practice, for purposes of conducting
13a psychiatric or psychological examination of the inmate. The
14physicians or psychologists shall examine the inmate and report
15any findings in writing to the court within ten days after
16the order of examination is issued. The inmate shall have
17the right to present evidence and cross-examine any witnesses
18at the hearing. Any statement made by the inmate during the
19course of any examination provided for in this section, whether
20or not the inmate consents to the examination, shall not be
21admitted into evidence against the inmate in any criminal
22proceeding for purposes other than a determination of the
23inmate’s sanity.
243. If, at the conclusion of a hearing held pursuant to
25this section, the court determines that the inmate is sane,
26the court shall enter an order setting a date for the inmate’s
27execution, which shall be carried into effect in the same
28manner as provided in the original sentence. A copy of the
29order shall be sent to the director of the department of
30corrections and the governor.
314. If, at the conclusion of a hearing held pursuant to this
32section, the court determines that the inmate is insane, the
33court shall suspend the execution until further order. At any
34time after issuance of the order, if the court has sufficient
35reason to believe that the inmate has become sane, the court
-2-1shall again determine the sanity of the inmate as provided
2by this section. Proceedings pursuant to this section may
3continue to be held at such times as the court orders until
4it is either determined that the inmate is sane or incurably
5insane.
6 Sec. 4. NEW SECTION. 814.30 Review of capital murder death
7sentence.
81. In a case in which a sentence of death is imposed, the
9supreme court shall automatically review the judgment and
10sentence. The court’s review of the case shall be de novo. The
11case shall not be transferred to the court of appeals.
122. A review by the supreme court of a judgment and sentence
13imposing the punishment of death has priority over all other
14criminal and other actions pending before the supreme court.
153. The supreme court shall review the trial and judgment,
16and shall separately review the sentencing proceeding. Upon
17determining that errors did not occur at the trial requiring
18reversal or modification of the judgment, the supreme court
19shall proceed to determine if the sentence of death is lawfully
20imposed. In its review of the sentencing proceeding, the
21supreme court shall determine all of the following:
22a. Whether the sentence of death was imposed capriciously or
23under the influence of prejudice or any other arbitrary factor.
24b. Whether the special verdicts returned under section
25901E.1 are supported by the evidence.
26c. Whether the sentence of death is excessive or
27disproportionate to the penalty imposed in similar cases,
28considering both the crime and the defendant.
294. If the supreme court determines that the sentence of
30death was not lawfully imposed, the supreme court shall set
31aside the sentence and shall remand the case to the trial
32court for a second sentencing proceeding to determine if the
33imposition of death is warranted.
345. If the supreme court affirms the judgment and sentence
35of death, the clerk of the supreme court shall certify the
-3-1judgment of the supreme court under the seal of the supreme
2court to the clerk of the trial court.
3 Sec. 5. Section 815.10, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 1A. If two attorneys have not already been
6appointed pursuant to subsection 1, the court shall appoint,
7for each indigent person who is charged with capital murder
8under section 902.15, and in which a notice of intent to
9seek the death penalty has been filed, two attorneys who are
10qualified under section 602.10112 to represent the person in
11the proceedings and in all state legal proceedings which take
12place from the time the person is indicted or arraigned until
13the person is sentenced on the charge. In addition, if at
14any point in federal postconviction proceedings an indigent
15person is not afforded court-appointed counsel, the state shall
16provide counsel to the person to present any claims determined
17meritorious by the federal court if the person is not otherwise
18represented by legal counsel. Only private attorneys and
19public defenders who are qualified to provide representation in
20cases in which the death penalty may be imposed are eligible
21for appointment or assignment to a case in which the death
22penalty may be imposed.
23 Sec. 6. NEW SECTION. 901E.1 Capital murder proceedings —
24request for death penalty — penalty proceedings.
251. As used in this section:
26a. “Intellectually disabled” means the same as defined in
27section 902.15.
28b. “Mentally ill” or “mental illness” means the same as
29defined in section 902.15.
302. If a notice of intent to seek the death penalty has
31been filed, objections to the imposition of the death penalty
32based upon allegations that a defendant was intellectually
33disabled or mentally ill at the time of the commission of
34the offense shall be raised within the time provided for the
35filing of pretrial motions under rule of criminal procedure
-4-12.11, Iowa court rules. The court may, for good cause shown,
2allow late filing of the motion. Hearing on the motion shall
3be held prior to trial and the burden of proof shall be on the
4defendant to prove intellectual disability or mental illness
5by a preponderance of the evidence. If the court finds that
6the defendant is intellectually disabled, the defendant, if
7convicted of capital murder under section 902.15, shall not be
8sentenced to death but shall be sentenced to life imprisonment
9in the manner provided in section 902.1. A finding by the
10court that the evidence presented by the defendant at the
11hearing does not preclude the imposition of the death penalty
12under this section and section 902.15 shall not preclude the
13introduction of evidence of intellectual disability or mental
14illness during the penalty proceeding. If the court finds
15that evidence of intellectual disability or mental illness
16does not preclude imposition of the death penalty, evidence of
17intellectual disability or mental illness may be reviewed by
18the jury in the penalty proceeding and the jury shall not be
19informed of the finding in the initial proceeding at any time
20during the penalty proceeding.
213. If at the trial on a charge of capital murder under
22section 902.15, the state intends to request that the death
23penalty be imposed under section 902.1A, the prosecutor shall
24file a notice of intent to seek the death penalty, at the time
25of and as part of the information or indictment filed in the
26case.
274. If a notice of intent to seek the death penalty has been
28filed, the trial shall be conducted in bifurcated proceedings
29before the same trier of fact. During the initial proceeding,
30the jury, or the court if the defendant waives the right to a
31jury trial, shall decide only whether the defendant is guilty
32or not guilty of capital murder under section 902.15.
33a. If, in the initial proceeding, the court or jury finds
34the defendant guilty of, or the defendant pleads guilty to,
35an offense other than capital murder under section 902.15,
-5-1the court shall sentence the defendant in accordance with the
2sentencing procedures set forth in rule of criminal procedure
32.23, Iowa court rules, and chapters 901 through 909, which are
4applicable to the offense.
5b. If the court or jury finds the defendant guilty of, or
6the defendant pleads guilty to, capital murder under section
7902.15, but the prosecuting attorney waives the death penalty,
8the court shall sentence the defendant to life imprisonment in
9accordance with the sentencing procedures set forth in rule of
10criminal procedure 2.23, Iowa court rules, and chapters 901
11through 909, which are otherwise applicable to convictions of
12murder in the first degree.
13c. If the court or jury finds the defendant guilty of
14capital murder under section 902.15, or a defendant enters a
15plea of guilty in the initial proceeding, and the prosecuting
16attorney does not waive imposition of the death penalty, a
17penalty proceeding shall be held in the manner provided in
18subsections 5 through 13.
195. No sooner than twenty-four hours after a verdict of
20guilty or a plea of guilty to capital murder under section
21902.15 is returned in the initial proceeding, a penalty
22proceeding shall be held to determine whether the defendant
23shall be sentenced to death or to life imprisonment. The
24proceeding shall be conducted in the trial court before the
25trial jury, or before the court if the defendant has waived
26the right to a jury trial or has waived the right for the
27proceeding to be before the trial jury. Both the state and the
28defendant shall have the right to present opening statements
29at the commencement of the proceeding. In the proceeding,
30evidence relevant to the existence of any aggravating or
31mitigating circumstances may be presented as follows:
32a. The state or the defendant may present evidence relevant
33to the conviction of capital murder under section 902.15 and
34any aggravating circumstances other than juvenile delinquency
35adjudications for offenses which carry penalties equivalent to
-6-1the penalties imposed for simple or serious misdemeanors. The
2state may introduce evidence of the actual harm caused by the
3commission of the capital murder offense under section 902.15,
4including but not limited to evidence relating to the life of
5the victim and the impact of the loss of the victim to the
6victim’s family and society.
7b. The defendant may present evidence that the defendant
8was intellectually disabled or mentally ill at the time of the
9commission of the offense. The burden of proof shall be on the
10defendant to prove intellectual disability or mental illness by
11a preponderance of the evidence.
12c. The state or the defendant may present evidence relevant
13to any mitigating circumstances which may exist. Mitigating
14circumstances may include the following circumstances:
15(1) The defendant was under the influence of a mental
16illness insufficient to constitute a defense.
17(2) The age of the defendant at the time of the offense.
18(3) The defendant’s capacity to appreciate the wrongfulness
19of the defendant’s conduct and to conform that conduct to the
20requirements of law was significantly impaired as a result of a
21mental illness or intellectual disability, but not to a degree
22sufficient to constitute a defense.
23(4) The defendant has no significant history of prior adult
24criminal activity.
25(5) The defendant acted under extreme duress or under the
26substantial domination of another person.
27(6) The defendant did not directly commit the capital murder
28offense and the defendant did not intend to kill or anticipate
29that lethal force would be used.
30(7) Any other factor which is relevant to the defendant’s
31character or record or to the circumstances of the offense.
32d. The state and the defendant or the defendant’s counsel
33shall be permitted to present and cross-examine witnesses and
34present arguments for or against a sentence of death. Evidence
35regarding aggravating and mitigating circumstances shall not
-7-1be governed by the rules governing admissibility of evidence,
2except that introduction of evidence secured in violation of
3the Constitution of the United States or of the Constitution of
4the State of Iowa shall not be permitted.
56. At the conclusion of presentation of evidence in
6the penalty proceeding, the state and the defendant or the
7defendant’s counsel shall be permitted to make closing
8arguments, including any rebuttal arguments, in the same manner
9as in the initial proceeding, and the following issues shall be
10determined by the jury or by the court if there is no jury:
11a. Whether the aggravating circumstance or circumstances
12have been established beyond a reasonable doubt and outweigh
13any one or more mitigating circumstances.
14b. Whether the defendant shall be sentenced to death.
157. A recommendation for a sentence of death shall not be
16permitted if the recommendation is based on the race, color,
17religious beliefs, national origin, or sex of the defendant
18or of any victim, or based on any other protected class under
19chapter 216. After submission of the issues, but prior to the
20return of a finding in the penalty proceeding, if the matter
21is tried before a jury, the court shall instruct the jury
22that in considering whether a sentence of death is justified,
23the jury shall not consider race, color, religious beliefs,
24national origin, or sex of the defendant or of any victim, or
25consider any other protected class under chapter 216. The
26court shall further instruct the jury that the jury shall not
27return a sentence of death unless the jury concludes that such
28a sentence would be recommended no matter what the race, color,
29religious beliefs, national origin, sex, or other protected
30class of the defendant or of any victim may be.
318. After submission of the issues, but prior to the
32commencement of the jury deliberations in the penalty
33proceeding, the court shall instruct the jury that if the
34defendant is not sentenced to death, the court is required by
35law to impose a sentence of imprisonment until death without
-8-1parole. The court shall further instruct the jury that
2the sentence of imprisonment until death without parole is
3required by law if the jury fails to reach a unanimous verdict
4recommending a sentence of death.
59. Concurrently with the return of the findings on the
6issues submitted under subsection 6, the jury, or the court if
7there is no jury, shall return special verdicts as follows:
8a. Which aggravating circumstances were established beyond a
9reasonable doubt and were considered in reaching the verdict.
10b. Which mitigating circumstances were established and
11were considered in reaching the verdict returned on the issue
12specified in subsection 6, paragraph “a”.
1310. If the jury, or the court if there is no jury,
14returns a unanimous affirmative finding on each of the issues
15submitted under subsection 6, the court shall enter a judgment
16of conviction and shall sentence the defendant to death as
17provided in section 902.1A.
1811. However, if evidence that the defendant was not a
19major participant in the commission of the capital murder
20under section 902.15, and that the defendant’s conduct did not
21manifest a reckless indifference to human life is presented
22to the jury, or to the court if there is no jury, the jury or
23the court shall also return a special verdict on the issue.
24If the jury unanimously determines, or the court if there is
25no jury, determines that a preponderance of evidence exists
26that shows that the defendant was not a major participant in
27the commission of the capital murder under section 902.15,
28and that the defendant’s conduct did not manifest a reckless
29indifference to human life, the court shall enter a judgment
30of conviction and shall sentence the defendant to life
31imprisonment as provided in section 902.1, even if the jury or
32the court returns unanimous affirmative findings on each of the
33issues submitted under subsection 6.
3412. If the jury, or the court if there is no jury, returns
35a negative finding on any of the issues submitted under
-9-1subsection 6, the court shall enter a judgment of conviction
2and shall sentence the defendant to life imprisonment as
3provided in section 902.1.
413. After a verdict has been rendered, it shall be recorded
5on the jury verdict form and shall be read and recorded in open
6court. The jurors shall be collectively asked by the court
7whether the verdict returned is their true and correct verdict.
8Even though no juror makes any declaration to the contrary, the
9jury shall, if either party so requests, be polled and each
10juror shall be separately asked whether the verdict rendered by
11the jury foreperson is the juror’s true and correct verdict.
12If, upon either the collective or the separate inquiry, any
13juror denies that the verdict is the juror’s verdict, the court
14shall refuse to accept the verdict. The court may direct
15inquiry or permit inquiry by counsel to ascertain whether any
16juror has been subjected to coercion or has become confused
17during the jury deliberation process. The court may, as
18appropriate, direct the jury to resume deliberation in the
19case. If no disagreement on the verdict is expressed by any of
20the jurors, the court shall discharge the jury.
21 Sec. 7. Section 902.1, subsection 1, Code 2021, is amended
22to read as follows:
231. Upon Except as provided in section 902.1A, a plea of
24guilty, a verdict of guilty, or a special verdict upon which a
25judgment of conviction of a class “A” felony may be rendered,
26the court shall enter a judgment of conviction and shall commit
27the defendant into the custody of the director of the Iowa
28department of corrections for the rest of the defendant’s
29life. Nothing in the Iowa corrections code pertaining to
30deferred judgment, deferred sentence, suspended sentence, or
31reconsideration of sentence applies to a class “A” felony, and
32a person convicted of a class “A” felony shall not be released
33on parole unless the governor commutes the sentence to a term
34of years.
35 Sec. 8. NEW SECTION. 902.1A Capital murder — death
-10-1penalty.
21. For the purposes of this section, “lethal injection”
3means a continuous intravenous injection of a lethal substance
4sufficient to cause death.
52. Notwithstanding section 902.1, upon return of a plea
6or verdict of guilty to capital murder under section 902.15,
7and a return of a verdict in favor of a sentence of death in
8a penalty proceeding conducted as provided in section 901E.1,
9the court shall enter a judgment of conviction and shall commit
10the defendant into the custody of the director of the Iowa
11department of corrections. The sentence shall be carried out
12by the administration of a lethal injection pursuant to rules
13adopted by the board of corrections. If a defendant, for whom
14a warrant of execution is issued, is pregnant, the execution
15shall not take place until after the defendant is no longer
16pregnant. If a defendant, for whom a warrant of execution
17is issued, is suffering from a mental illness as to prevent
18the defendant from knowing the nature and quality of the act
19the defendant has been convicted of, or from understanding
20that trial on the offense has taken place and that execution
21proceedings are about to take place, or to otherwise cause the
22defendant to lack the capacity to understand the sentence which
23has been imposed and to participate in any legal proceedings
24relating to the sentence, the execution shall not take place
25until after the defendant’s capacity is restored. If the
26director of the department of corrections or the defendant’s
27counsel files a request with the court which issued the warrant
28of execution alleging that the defendant suffers from a mental
29illness, a hearing on the matter shall be held in the manner
30provided in section 812A.1.
31 Sec. 9. NEW SECTION. 902.15 Capital murder.
321. As used in this section:
33a. “Capital murder” means any murder that makes a person
34eligible for the death penalty.
35b. “Eligible for the death penalty” means when a person
-11-1is convicted of the multiple offenses of murder in the first
2degree in violation of section 707.2, kidnapping in violation
3of section 710.2, 710.3, or 710.4, and sexual abuse in
4violation of section 709.2, 709.3, or 709.4 with respect to the
5same victim, and the victim is a minor.
6c. “Intellectually disabled” means significant subaverage
7general intellectual functioning accompanied by significant
8deficits or impairments in adaptive functioning manifested in
9the developmental period, but no later than the age of eighteen
10years, and accompanied by deficits in adaptive behavior.
11d. “Mentally ill” or “mental illness” means the condition
12of a person who is suffering from a chronic and persistent
13serious mental disease or disorder and who, by reason of that
14condition, lacks sufficient judgment to make responsible
15decisions regarding treatment and is reasonably likely to
16injure the person’s self or others who may come into contact
17with the person if the person is allowed to remain at liberty
18without treatment.
19e. “Minor” means a person under eighteen years of age.
202. A person who commits capital murder, who is eligible
21for the death penalty, who is not intellectually disabled or
22mentally ill, and who is age eighteen or older at the time of
23the capital murder, shall be subject to a sentence of death
24under section 902.1A.
25 Sec. 10. NEW SECTION. 902.16 Data collection for capital
26murder — death penalty.
271. The supreme court shall collect data on all capital
28murder charges in which the death penalty is or was not waived
29which are filed and processed in the courts in this state.
30This data may be used by the supreme court to determine whether
31death sentences imposed are excessive or disproportionate, or
32under the influence of prejudice under section 814.28. The
33court shall make this data available to litigants in death
34penalty cases.
352. Data collected by public officials concerning factors
-12-1relevant to the imposition of the death sentence shall be made
2publicly available.
3 Sec. 11. NEW SECTION. 903C.1 Executions — refusal to
4perform.
5An employee of the state who may lawfully perform, assist, or
6participate in the execution of a person pursuant to section
7902.1A, and rules adopted by the department of corrections,
8shall not be required to perform, assist, or participate in
9the execution. State employees who refuse to perform, assist,
10or participate in the execution of a person shall not be
11discriminated against in any way, including but not limited
12to employment, promotion, advancement, transfer, licensing,
13education, training, or the granting of any privileges or
14appointments because of the refusal to perform, assist, or
15participate in the execution.
16 Sec. 12. Section 904.105, Code 2021, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A
19pertaining to executions of persons convicted of capital murder
20under section 902.15. Rules adopted shall include but are not
21limited to rules permitting the witnessing of executions by
22members of the public and the victim’s family. Invitations
23to witness an execution shall at least be extended to the
24following representatives of the news media:
25a. A representative from a wire service serving Iowa.
26b. A representative from a broadcasting network serving
27Iowa.
28c. A representative from a television station located in
29Iowa.
30d. A representative from a radio station located in Iowa.
31e. A representative from a daily newspaper published in
32Iowa.
33f. A representative from a weekly newspaper published in
34Iowa.
35g. A representative from the news media from the community
-13-1in which the condemned person resided, if that community is
2located in Iowa.
3 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
43, shall not apply to this Act.
5 Sec. 14. SEVERABILITY. If any provision of this Act or the
6application thereof to any person is invalid, the invalidity
7shall not affect the provisions or application of this Act
8which can be given effect without the invalid provisions or
9application and to this end, the provisions of this Act are
10severable.
11 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1,
122022.
13 Sec. 16. APPLICABILITY. This Act applies to offenses
14committed on or after the effective date of this Act.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill amends the Iowa criminal code to provide for
19punishment by death for capital murder committed by a person
20age 18 or older if the trial jury, or the judge if there
21is no jury, makes specific findings and whether the jury
22believes the defendant should be put to death in a separate
23penalty proceeding held after the close of the initial trial
24proceeding.
25Under the bill, a death penalty sentence could be imposed
26if the person is convicted of the multiple offenses of murder
27in the first degree, kidnapping in the first, second, or third
28degree, and sexual abuse in the first, second, or third degree
29with respect to the same victim, and the victim is a minor.
30The bill provides that in order to receive a sentence of
31death, the defendant must be at least 18 years of age at the
32time the murder in the first degree was committed, must not be
33mentally ill or intellectually disabled, and must have been a
34major participant in the commission of the crime or must have
35shown a manifest indifference to human life.
-14- 1If a person is indigent and is charged with capital murder,
2payment of costs for two attorneys is authorized. The supreme
3court is required to establish standards for the competency
4of counsel in death penalty cases. The state public defender
5is charged with establishing teams of qualified lead and
6co-counsel for death penalty cases, as well as conducting
7or sponsoring specialized training programs for attorneys
8representing persons who may be executed.
9If a capital murder case proceeds to trial and a notice of
10intent to seek the death penalty has been filed, in addition to
11any other defenses which may be presented to the charge, the
12defendant may raise the issue of intellectual disability or
13mental illness during the time of filing pretrial motions.
14Once the evidence is submitted to the jury, the court
15will instruct the jury, at the defendant’s request, that in
16considering whether a sentence of death is justified, the
17race, color, religious beliefs, national origin, sex, or other
18protected classes under Code chapter 216 of the defendant or
19of any victim is not to be considered. The supreme court
20shall collect evidence relating to whether the death sentences
21imposed are excessive, disproportionate, or imposed under the
22influence of prejudice at trial which will be available to
23litigants.
24The sentence of death is imposed only when the trier of fact
25(the jury or the court if the defendant has waived the right to
26a jury trial) unanimously answers two questions affirmatively:
27(1) whether aggravating circumstances established beyond a
28reasonable doubt outweigh any mitigating circumstances that
29may exist; and (2) whether the defendant should be sentenced
30to death. Mitigating factors the trier of fact may consider
31include the following: whether the defendant was under the
32influence of a mental illness; the age of the defendant;
33the defendant’s ability to appreciate the wrongfulness of
34the conduct due to a mental illness but not to a degree to
35constitute a defense; the defendant has no significant prior
-15-1criminal history; the defendant was under extreme duress;
2the defendant did not directly commit the murder; and the
3defendant’s character or record or the circumstances of the
4offense. The sentencing proceeding is conducted separately
5from the finding of guilt or innocence by the same trier of
6fact.
7For the sentencing proceeding, the trier of fact (the jury
8or the court if the defendant has waived the right to have
9the jury hear the proceedings) is to weigh any aggravating
10circumstances established beyond a reasonable doubt by the
11state against any of the enumerated mitigating circumstances
12which may be presented by the defendant. Evidence of certain
13juvenile delinquency adjudications is not admissible in any
14proceeding to determine the sentence. If the jury fails to
15agree unanimously on the required affirmative findings, the
16penalty imposed would be life imprisonment.
17The death penalty sentence would be reviewed automatically
18by the supreme court. The supreme court shall review the trial
19and judgment separately from the sentencing proceeding. If the
20supreme court finds error in the sentencing proceeding, the
21supreme court may remand the case back to district court for a
22new sentencing hearing. The bill requires the supreme court to
23examine whether the sentence is excessive or disproportionate
24to penalties in similar cases. If affirmed by the supreme
25court, the penalty would be accomplished by lethal injection.
26The bill requires the board of corrections to adopt rules
27pertaining to executions, including rules pertaining to the
28witnessing of executions.
29A person who is sentenced to death, but who is pregnant when
30the warrant of execution is issued, is not to be executed until
31the person is no longer pregnant. A procedure is also provided
32to stay execution of a condemned inmate who becomes insane
33after conviction but before execution.
34An employee of the state shall not be required to perform or
35assist in any execution and shall not be discriminated against
-16-1for refusing to participate.
2The bill may include a state mandate as defined in Code
3section 25B.3. The bill makes inapplicable Code section 25B.2,
4subsection 3, which would relieve a political subdivision from
5complying with a state mandate if funding for the cost of
6the state mandate is not provided or specified. Therefore,
7political subdivisions are required to comply with any state
8mandate included in the bill.
9The bill contains severability provisions and takes effect
10January 1, 2022, and applies only to offenses committed on or
11after that date.
-17-as/rh