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Senate File 357 - 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
4the same victim who is a minor, providing penalties, and
5including effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, Code 2023, 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 mentally
3ill, the court shall enter an order denying the request and
4shall state the grounds for denying the request. If the court
5believes that there is sufficient reason to believe that the
6inmate is mentally ill, the court shall suspend the execution
7and conduct a hearing 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 this
25section, the court determines that the inmate is in good mental
26health, the court shall enter an order setting a date for the
27inmate’s execution, which shall be carried into effect in the
28same manner as provided in the original sentence. A copy of
29the order 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 mentally ill,
33the court shall suspend the execution until further order.
34At any time after issuance of the order, if the court has
35sufficient reason to believe that the inmate is in good mental
-2-1health, the court shall again determine the sanity of the
2inmate as provided by this section.
3 Sec. 4. NEW SECTION. 814.30 Review of capital murder death
4sentence.
51. In a case in which a sentence of death is imposed, the
6supreme court shall automatically review the judgment and
7sentence. The court’s review of the case shall be de novo. The
8case shall not be transferred to the court of appeals.
92. A review by the supreme court of a judgment and sentence
10imposing the punishment of death has priority over all other
11criminal and other actions pending before the supreme court.
123. The supreme court shall review the trial and judgment,
13and shall separately review the sentencing proceeding. Upon
14determining that errors did not occur at the trial requiring
15reversal or modification of the judgment, the supreme court
16shall proceed to determine if the sentence of death is lawfully
17imposed. In its review of the sentencing proceeding, the
18supreme court shall determine all of the following:
19a. Whether the sentence of death was imposed capriciously or
20under the influence of prejudice or any other arbitrary factor.
21b. Whether the special verdicts returned under section
22901E.1 are supported by the evidence.
23c. Whether the sentence of death is excessive or
24disproportionate to the penalty imposed in similar cases,
25considering both the crime and the defendant.
264. If the supreme court determines that the sentence of
27death was not lawfully imposed, the supreme court shall set
28aside the sentence and shall remand the case to the trial
29court for a second sentencing proceeding to determine if the
30imposition of death is warranted.
315. If the supreme court affirms the judgment and sentence
32of death, the clerk of the supreme court shall certify the
33judgment of the supreme court under the seal of the supreme
34court to the clerk of the trial court.
35 Sec. 5. Section 815.10, Code 2023, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 1A. If two attorneys have not already been
3appointed pursuant to subsection 1, the court shall appoint,
4for each indigent person who is charged with capital murder
5under section 902.15, and in which a notice of intent to
6seek the death penalty has been filed, two attorneys who are
7qualified under section 602.10112 to represent the person in
8the proceedings and in all state legal proceedings which take
9place from the time the person is indicted or arraigned until
10the person is sentenced on the charge. In addition, if at
11any point in federal postconviction proceedings an indigent
12person is not afforded court-appointed counsel, the state shall
13provide counsel to the person to present any claims determined
14meritorious by the federal court if the person is not otherwise
15represented by legal counsel. Only private attorneys and
16public defenders who are qualified to provide representation in
17cases in which the death penalty may be imposed are eligible
18for appointment or assignment to a case in which the death
19penalty may be imposed.
20 Sec. 6. NEW SECTION. 901E.1 Capital murder proceedings —
21request for death penalty — penalty proceedings.
221. As used in this section:
23a. “Intellectually disabled” means the same as defined in
24section 902.15.
25b. “Mentally ill” or “mental illness” means the same as
26defined in section 902.15.
272. If a notice of intent to seek the death penalty has been
28filed, objections to the imposition of the death penalty based
29upon allegations that a defendant was intellectually disabled
30or mentally ill at the time of the commission of the offense
31shall be raised within the time provided for the filing of
32pretrial motions under rule of criminal procedure 2.11. The
33court may, for good cause shown, allow late filing of the
34motion. Hearing on the motion shall be held prior to trial
35and the burden of proof shall be on the defendant to prove
-4-1intellectual disability or mental illness by a preponderance
2of the evidence. If the court finds that the defendant is
3intellectually disabled, the defendant, if convicted of capital
4murder under section 902.15, shall not be sentenced to death
5but shall be sentenced to life imprisonment in the manner
6provided in section 902.1. A finding by the court that the
7evidence presented by the defendant at the hearing does not
8preclude the imposition of the death penalty under this section
9and section 902.15 shall not preclude the introduction of
10evidence of intellectual disability or mental illness during
11the penalty proceeding. If the court finds that evidence of
12intellectual disability or mental illness does not preclude
13imposition of the death penalty, evidence of intellectual
14disability or mental illness may be reviewed by the jury in
15the penalty proceeding and the jury shall not be informed of
16the finding in the initial proceeding at any time during the
17penalty proceeding.
183. If at the trial on a charge of capital murder under
19section 902.15, the state intends to request that the death
20penalty be imposed under section 902.1A, the prosecutor shall
21file a notice of intent to seek the death penalty, at the time
22of and as part of the information or indictment filed in the
23case.
244. If a notice of intent to seek the death penalty has been
25filed, the trial shall be conducted in bifurcated proceedings
26before the same trier of fact. During the initial proceeding,
27the jury, or the court if the defendant waives the right to a
28jury trial, shall decide only whether the defendant is guilty
29or not guilty of capital murder under section 902.15.
30a. If, in the initial proceeding, the court or jury finds
31the defendant guilty of, or the defendant pleads guilty to,
32an offense other than capital murder under section 902.15,
33the court shall sentence the defendant in accordance with the
34sentencing procedures set forth in rule of criminal procedure
352.23, Iowa court rules, and chapters 901 through 909, which are
-5-1applicable to the offense.
2b. If the court or jury finds the defendant guilty of, or
3the defendant pleads guilty to, capital murder under section
4902.15, but the prosecuting attorney waives the death penalty,
5the court shall sentence the defendant to life imprisonment in
6accordance with the sentencing procedures set forth in rule of
7criminal procedure 2.23, and chapters 901 through 909, which
8are otherwise applicable to convictions of murder in the first
9degree.
10c. If the court or jury finds the defendant guilty of
11capital murder under section 902.15, or a defendant enters a
12plea of guilty in the initial proceeding, and the prosecuting
13attorney does not waive imposition of the death penalty, a
14penalty proceeding shall be held in the manner provided in
15subsections 5 through 13.
165. No sooner than twenty-four hours after a verdict of
17guilty or a plea of guilty to capital murder under section
18902.15 is returned in the initial proceeding, a penalty
19proceeding shall be held to determine whether the defendant
20shall be sentenced to death or to life imprisonment. The
21proceeding shall be conducted in the trial court before the
22trial jury, or before the court if the defendant has waived
23the right to a jury trial or has waived the right for the
24proceeding to be before the trial jury. Both the state and the
25defendant shall have the right to present opening statements
26at the commencement of the proceeding. In the proceeding,
27evidence relevant to the existence of any aggravating or
28mitigating circumstances may be presented as follows:
29a. The state or the defendant may present evidence relevant
30to the conviction of capital murder under section 902.15 and
31any aggravating circumstances other than juvenile delinquency
32adjudications for offenses which carry penalties equivalent to
33the penalties imposed for simple or serious misdemeanors. The
34state may introduce evidence of the actual harm caused by the
35commission of the capital murder offense under section 902.15,
-6-1including but not limited to evidence relating to the life of
2the victim and the impact of the loss of the victim to the
3victim’s family and society.
4b. The defendant may present evidence that the defendant
5was intellectually disabled or mentally ill at the time of the
6commission of the offense. The burden of proof shall be on the
7defendant to prove intellectual disability or mental illness by
8a preponderance of the evidence.
9c. The state or the defendant may present evidence relevant
10to any mitigating circumstances which may exist. Mitigating
11circumstances may include the following circumstances:
12(1) The defendant was under the influence of a mental
13illness insufficient to constitute a defense.
14(2) The age of the defendant at the time of the offense.
15(3) The defendant’s capacity to appreciate the wrongfulness
16of the defendant’s conduct and to conform that conduct to the
17requirements of law was significantly impaired as a result of a
18mental illness or intellectual disability, but not to a degree
19sufficient to constitute a defense.
20(4) The defendant has no significant history of prior adult
21criminal activity.
22(5) The defendant acted under extreme duress or under the
23substantial domination of another person.
24(6) The defendant did not directly commit the capital murder
25offense and the defendant did not intend to kill or anticipate
26that lethal force would be used.
27(7) Any other factor which is relevant to the defendant’s
28character or record or to the circumstances of the offense.
29d. The state and the defendant or the defendant’s counsel
30shall be permitted to present and cross-examine witnesses and
31present arguments for or against a sentence of death. Evidence
32regarding aggravating and mitigating circumstances shall not
33be governed by the rules governing admissibility of evidence,
34except that introduction of evidence secured in violation of
35the Constitution of the United States or of the Constitution of
-7-1the State of Iowa shall not be permitted.
26. At the conclusion of presentation of evidence in
3the penalty proceeding, the state and the defendant or the
4defendant’s counsel shall be permitted to make closing
5arguments, including any rebuttal arguments, in the same manner
6as in the initial proceeding, and the following issues shall be
7determined by the jury or by the court if there is no jury:
8a. Whether the aggravating circumstance or circumstances
9have been established beyond a reasonable doubt and outweigh
10any one or more mitigating circumstances.
11b. Whether the defendant shall be sentenced to death.
127. A recommendation for a sentence of death shall not be
13permitted if the recommendation is based on the race, color,
14religious beliefs, national origin, or sex of the defendant
15or of any victim, or based on any other protected class under
16chapter 216. After submission of the issues, but prior to the
17return of a finding in the penalty proceeding, if the matter
18is tried before a jury, the court shall instruct the jury
19that in considering whether a sentence of death is justified,
20the jury shall not consider race, color, religious beliefs,
21national origin, or sex of the defendant or of any victim, or
22consider any other protected class under chapter 216. The
23court shall further instruct the jury that the jury shall not
24return a sentence of death unless the jury concludes that such
25a sentence would be recommended no matter what the race, color,
26religious beliefs, national origin, sex, or other protected
27class of the defendant or of any victim may be.
288. After submission of the issues, but prior to the
29commencement of the jury deliberations in the penalty
30proceeding, the court shall instruct the jury that if the
31defendant is not sentenced to death, the court is required by
32law to impose a sentence of imprisonment until death without
33parole. The court shall further instruct the jury that
34the sentence of imprisonment until death without parole is
35required by law if the jury fails to reach a unanimous verdict
-8-1recommending a sentence of death.
29. Concurrently with the return of the findings on the
3issues submitted under subsection 6, the jury, or the court if
4there is no jury, shall return special verdicts as follows:
5a. Which aggravating circumstances were established beyond a
6reasonable doubt and were considered in reaching the verdict.
7b. Which mitigating circumstances were established and
8were considered in reaching the verdict returned on the issue
9specified in subsection 6, paragraph “a”.
1010. If the jury, or the court if there is no jury,
11returns a unanimous affirmative finding on each of the issues
12submitted under subsection 6, the court shall enter a judgment
13of conviction and shall sentence the defendant to death as
14provided in section 902.1A.
1511. However, if evidence that the defendant was not a
16major participant in the commission of the capital murder
17under section 902.15, and that the defendant’s conduct did not
18manifest a reckless indifference to human life is presented
19to the jury, or to the court if there is no jury, the jury or
20the court shall also return a special verdict on the issue.
21If the jury unanimously determines, or the court if there is
22no jury, determines that a preponderance of evidence exists
23that shows that the defendant was not a major participant in
24the commission of the capital murder under section 902.15,
25and that the defendant’s conduct did not manifest a reckless
26indifference to human life, the court shall enter a judgment
27of conviction and shall sentence the defendant to life
28imprisonment as provided in section 902.1, even if the jury or
29the court returns unanimous affirmative findings on each of the
30issues submitted under subsection 6.
3112. If the jury, or the court if there is no jury, returns
32a negative finding on any of the issues submitted under
33subsection 6, the court shall enter a judgment of conviction
34and shall sentence the defendant to life imprisonment as
35provided in section 902.1.
-9- 113. After a verdict has been rendered, it shall be recorded
2on the jury verdict form and shall be read and recorded in open
3court. The jurors shall be collectively asked by the court
4whether the verdict returned is their true and correct verdict.
5Even though no juror makes any declaration to the contrary, the
6jury shall, if either party so requests, be polled and each
7juror shall be separately asked whether the verdict rendered by
8the jury foreperson is the juror’s true and correct verdict.
9If, upon either the collective or the separate inquiry, any
10juror denies that the verdict is the juror’s verdict, the court
11shall refuse to accept the verdict. The court may direct
12inquiry or permit inquiry by counsel to ascertain whether any
13juror has been subjected to coercion or has become confused
14during the jury deliberation process. The court may, as
15appropriate, direct the jury to resume deliberation in the
16case. If no disagreement on the verdict is expressed by any of
17the jurors, the court shall discharge the jury.
18 Sec. 7. Section 902.1, subsection 1, Code 2023, is amended
19to read as follows:
201. Upon Except as provided in section 902.1A, a plea of
21guilty, a verdict of guilty, or a special verdict upon which a
22judgment of conviction of a class “A” felony may be rendered,
23the court shall enter a judgment of conviction and shall commit
24the defendant into the custody of the director of the Iowa
25department of corrections for the rest of the defendant’s
26life. Nothing in the Iowa corrections code pertaining to
27deferred judgment, deferred sentence, suspended sentence, or
28reconsideration of sentence applies to a class “A” felony, and
29a person convicted of a class “A” felony shall not be released
30on parole unless the governor commutes the sentence to a term
31of years.
32 Sec. 8. NEW SECTION. 902.1A Capital murder — death
33penalty.
341. For the purposes of this section, “lethal injection”
35means a continuous intravenous injection of a lethal substance
-10-1sufficient to cause death.
22. Notwithstanding section 902.1, upon return of a plea
3or verdict of guilty to capital murder under section 902.15,
4and a return of a verdict in favor of a sentence of death in
5a penalty proceeding conducted as provided in section 901E.1,
6the court shall enter a judgment of conviction and shall commit
7the defendant into the custody of the director of the Iowa
8department of corrections. The sentence shall be carried out
9by the administration of a lethal injection pursuant to rules
10adopted by the board of corrections. If a defendant, for whom
11a warrant of execution is issued, is pregnant, the execution
12shall not take place until after the defendant is no longer
13pregnant. If a defendant, for whom a warrant of execution
14is issued, is suffering from a mental illness as to prevent
15the defendant from knowing the nature and quality of the act
16the defendant has been convicted of, or from understanding
17that trial on the offense has taken place and that execution
18proceedings are about to take place, or to otherwise cause the
19defendant to lack the capacity to understand the sentence which
20has been imposed and to participate in any legal proceedings
21relating to the sentence, the execution shall not take place
22until after the defendant’s capacity is restored. If the
23director of the department of corrections or the defendant’s
24counsel files a request with the court which issued the warrant
25of execution alleging that the defendant suffers from a mental
26illness, a hearing on the matter shall be held in the manner
27provided in section 812A.1.
28 Sec. 9. NEW SECTION. 902.15 Capital murder.
291. As used in this section:
30a. “Capital murder” means any murder that makes a person
31eligible for the death penalty.
32b. “Eligible for the death penalty” means when a person
33is convicted of the multiple offenses of murder in the first
34degree in violation of section 707.2, kidnapping in violation
35of section 710.2, 710.3, or 710.4, or sexual abuse in violation
-11-1of section 709.2, 709.3, 709.4, or 709.4A with respect to the
2same victim, and the victim is a minor.
3c. “Intellectually disabled” means significant subaverage
4general intellectual functioning accompanied by significant
5deficits or impairments in adaptive functioning manifested in
6the developmental period, but no later than the age of eighteen
7years, and accompanied by deficits in adaptive behavior.
8d. “Mentally ill” or “mental illness” means the condition
9of a person who is suffering from a chronic and persistent
10serious mental disease or disorder and who, by reason of that
11condition, lacks sufficient judgment to make responsible
12decisions regarding treatment and is reasonably likely to
13injure the person’s self or others who may come into contact
14with the person if the person is allowed to remain at liberty
15without treatment.
16e. “Minor” means a person under eighteen years of age.
172. A person who commits capital murder, who is eligible
18for the death penalty, who is not intellectually disabled or
19mentally ill, and who is age eighteen or older at the time of
20the capital murder, shall be subject to a sentence of death
21under section 902.1A.
22 Sec. 10. NEW SECTION. 902.16 Data collection for capital
23murder — death penalty.
241. The supreme court shall collect data on all capital
25murder charges in which the death penalty is or was not waived
26which are filed and processed in the courts in this state.
27This data may be used by the supreme court to determine whether
28death sentences imposed are excessive or disproportionate, or
29under the influence of prejudice under section 814.28. The
30court shall make this data available to litigants in death
31penalty cases.
322. Data collected by public officials concerning factors
33relevant to the imposition of the death sentence shall be made
34publicly available.
35 Sec. 11. NEW SECTION. 903C.1 Executions — refusal to
-12-1perform.
2An employee of the state who may lawfully perform, assist, or
3participate in the execution of a person pursuant to section
4902.1A, and rules adopted by the department of corrections,
5shall not be required to perform, assist, or participate in
6the execution. State employees who refuse to perform, assist,
7or participate in the execution of a person shall not be
8discriminated against in any way, including but not limited
9to employment, promotion, advancement, transfer, licensing,
10education, training, or the granting of any privileges or
11appointments because of the refusal to perform, assist, or
12participate in the execution.
13 Sec. 12. Section 904.105, Code 2023, is amended by adding
14the following new subsection:
15 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A
16pertaining to executions of persons convicted of capital murder
17under section 902.15. Rules adopted shall include but are not
18limited to rules permitting the witnessing of executions by
19members of the public and the victim’s family. Invitations
20to witness an execution shall at least be extended to the
21following representatives of the news media:
22a. A representative from a wire service serving Iowa.
23b. A representative from a broadcasting network serving
24Iowa.
25c. A representative from a television station located in
26Iowa.
27d. A representative from a radio station located in Iowa.
28e. A representative from a daily newspaper published in
29Iowa.
30f. A representative from a weekly newspaper published in
31Iowa.
32g. A representative from the news media from the community
33in which the condemned person resided, if that community is
34located in Iowa.
35 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
-13-13, shall not apply to this Act.
2 Sec. 14. SEVERABILITY. If any provision of this Act or the
3application thereof to any person is invalid, the invalidity
4shall not affect the provisions or application of this Act
5which can be given effect without the invalid provisions or
6application and to this end, the provisions of this Act are
7severable.
8 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1,
92024.
10 Sec. 16. APPLICABILITY. This Act applies to offenses
11committed on or after the effective date of this Act.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends the Iowa criminal code to provide for
16punishment by death for capital murder committed by a person
17age 18 or older if the trial jury, or the judge if there
18is no jury, makes specific findings and whether the jury
19believes the defendant should be put to death in a separate
20penalty proceeding held after the close of the initial trial
21proceeding.
22Under the bill, a death penalty sentence could be imposed
23if the person is convicted of the multiple offenses of murder
24in the first degree, kidnapping in the first, second, or third
25degree, and sexual abuse in the first, second, or third degree
26with respect to the same victim, and the victim is a minor.
27The bill provides that in order to receive a sentence of
28death, the defendant must be at least 18 years of age at the
29time the murder in the first degree was committed, must not be
30mentally ill or intellectually disabled, and must have been a
31major participant in the commission of the crime or must have
32shown a manifest indifference to human life.
33If a person is indigent and is charged with capital murder,
34payment of costs for two attorneys is authorized. The supreme
35court is required to establish standards for the competency
-14-1of counsel in death penalty cases. The state public defender
2is charged with establishing teams of qualified lead and
3co-counsel for death penalty cases, as well as conducting
4or sponsoring specialized training programs for attorneys
5representing persons who may be executed.
6If a capital murder case proceeds to trial and a notice of
7intent to seek the death penalty has been filed, in addition to
8any other defenses which may be presented to the charge, the
9defendant may raise the issue of intellectual disability or
10mental illness during the time of filing pretrial motions.
11Once the evidence is submitted to the jury, the court
12will instruct the jury, at the defendant’s request, that in
13considering whether a sentence of death is justified, the
14race, color, religious beliefs, national origin, sex, or other
15protected classes under Code chapter 216 of the defendant or
16of any victim is not to be considered. The supreme court
17shall collect evidence relating to whether the death sentences
18imposed are excessive, disproportionate, or imposed under the
19influence of prejudice at trial which will be available to
20litigants.
21The sentence of death is imposed only when the trier of fact
22(the jury or the court if the defendant has waived the right to
23a jury trial) unanimously answers two questions affirmatively:
24(1) whether aggravating circumstances established beyond a
25reasonable doubt outweigh any mitigating circumstances that
26may exist; and (2) whether the defendant should be sentenced
27to death. Mitigating factors the trier of fact may consider
28include the following: whether the defendant was under the
29influence of a mental illness; the age of the defendant;
30the defendant’s ability to appreciate the wrongfulness of
31the conduct due to a mental illness but not to a degree to
32constitute a defense; the defendant has no significant prior
33criminal history; the defendant was under extreme duress;
34the defendant did not directly commit the murder; and the
35defendant’s character or record or the circumstances of the
-15-1offense. The sentencing proceeding is conducted separately
2from the finding of guilt or innocence by the same trier of
3fact.
4For the sentencing proceeding, the trier of fact (the jury
5or the court if the defendant has waived the right to have
6the jury hear the proceedings) is to weigh any aggravating
7circumstances established beyond a reasonable doubt by the
8state against any of the enumerated mitigating circumstances
9which may be presented by the defendant. Evidence of certain
10juvenile delinquency adjudications is not admissible in any
11proceeding to determine the sentence. If the jury fails to
12agree unanimously on the required affirmative findings, the
13penalty imposed would be life imprisonment.
14The death penalty sentence would be reviewed automatically
15by the supreme court. The supreme court shall review the trial
16and judgment separately from the sentencing proceeding. If the
17supreme court finds error in the sentencing proceeding, the
18supreme court may remand the case back to district court for a
19new sentencing hearing. The bill requires the supreme court to
20examine whether the sentence is excessive or disproportionate
21to penalties in similar cases. If affirmed by the supreme
22court, the penalty would be accomplished by lethal injection.
23The bill requires the board of corrections to adopt rules
24pertaining to executions, including rules pertaining to the
25witnessing of executions.
26A person who is sentenced to death, but who is pregnant when
27the warrant of execution is issued, is not to be executed until
28the person is no longer pregnant. A procedure is also provided
29to stay execution of a condemned inmate who becomes mentally
30ill after conviction but before execution.
31An employee of the state shall not be required to perform or
32assist in any execution and shall not be discriminated against
33for refusing to participate.
34The bill may include a state mandate as defined in Code
35section 25B.3. The bill makes inapplicable Code section 25B.2,
-16-1subsection 3, which would relieve a political subdivision from
2complying with a state mandate if funding for the cost of
3the state mandate is not provided or specified. Therefore,
4political subdivisions are required to comply with any state
5mandate included in the bill.
6The bill contains severability provisions and takes effect
7January 1, 2024, and applies only to offenses committed on or
8after that date.
-17-as/rh
2penalty of death for murder in the first degree offenses
3involving kidnapping and sexual abuse offenses against
4the same victim who is a minor, providing penalties, and
5including effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.4, Code 2023, 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 mentally
3ill, the court shall enter an order denying the request and
4shall state the grounds for denying the request. If the court
5believes that there is sufficient reason to believe that the
6inmate is mentally ill, the court shall suspend the execution
7and conduct a hearing 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 this
25section, the court determines that the inmate is in good mental
26health, the court shall enter an order setting a date for the
27inmate’s execution, which shall be carried into effect in the
28same manner as provided in the original sentence. A copy of
29the order 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 mentally ill,
33the court shall suspend the execution until further order.
34At any time after issuance of the order, if the court has
35sufficient reason to believe that the inmate is in good mental
-2-1health, the court shall again determine the sanity of the
2inmate as provided by this section.
3 Sec. 4. NEW SECTION. 814.30 Review of capital murder death
4sentence.
51. In a case in which a sentence of death is imposed, the
6supreme court shall automatically review the judgment and
7sentence. The court’s review of the case shall be de novo. The
8case shall not be transferred to the court of appeals.
92. A review by the supreme court of a judgment and sentence
10imposing the punishment of death has priority over all other
11criminal and other actions pending before the supreme court.
123. The supreme court shall review the trial and judgment,
13and shall separately review the sentencing proceeding. Upon
14determining that errors did not occur at the trial requiring
15reversal or modification of the judgment, the supreme court
16shall proceed to determine if the sentence of death is lawfully
17imposed. In its review of the sentencing proceeding, the
18supreme court shall determine all of the following:
19a. Whether the sentence of death was imposed capriciously or
20under the influence of prejudice or any other arbitrary factor.
21b. Whether the special verdicts returned under section
22901E.1 are supported by the evidence.
23c. Whether the sentence of death is excessive or
24disproportionate to the penalty imposed in similar cases,
25considering both the crime and the defendant.
264. If the supreme court determines that the sentence of
27death was not lawfully imposed, the supreme court shall set
28aside the sentence and shall remand the case to the trial
29court for a second sentencing proceeding to determine if the
30imposition of death is warranted.
315. If the supreme court affirms the judgment and sentence
32of death, the clerk of the supreme court shall certify the
33judgment of the supreme court under the seal of the supreme
34court to the clerk of the trial court.
35 Sec. 5. Section 815.10, Code 2023, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 1A. If two attorneys have not already been
3appointed pursuant to subsection 1, the court shall appoint,
4for each indigent person who is charged with capital murder
5under section 902.15, and in which a notice of intent to
6seek the death penalty has been filed, two attorneys who are
7qualified under section 602.10112 to represent the person in
8the proceedings and in all state legal proceedings which take
9place from the time the person is indicted or arraigned until
10the person is sentenced on the charge. In addition, if at
11any point in federal postconviction proceedings an indigent
12person is not afforded court-appointed counsel, the state shall
13provide counsel to the person to present any claims determined
14meritorious by the federal court if the person is not otherwise
15represented by legal counsel. Only private attorneys and
16public defenders who are qualified to provide representation in
17cases in which the death penalty may be imposed are eligible
18for appointment or assignment to a case in which the death
19penalty may be imposed.
20 Sec. 6. NEW SECTION. 901E.1 Capital murder proceedings —
21request for death penalty — penalty proceedings.
221. As used in this section:
23a. “Intellectually disabled” means the same as defined in
24section 902.15.
25b. “Mentally ill” or “mental illness” means the same as
26defined in section 902.15.
272. If a notice of intent to seek the death penalty has been
28filed, objections to the imposition of the death penalty based
29upon allegations that a defendant was intellectually disabled
30or mentally ill at the time of the commission of the offense
31shall be raised within the time provided for the filing of
32pretrial motions under rule of criminal procedure 2.11. The
33court may, for good cause shown, allow late filing of the
34motion. Hearing on the motion shall be held prior to trial
35and the burden of proof shall be on the defendant to prove
-4-1intellectual disability or mental illness by a preponderance
2of the evidence. If the court finds that the defendant is
3intellectually disabled, the defendant, if convicted of capital
4murder under section 902.15, shall not be sentenced to death
5but shall be sentenced to life imprisonment in the manner
6provided in section 902.1. A finding by the court that the
7evidence presented by the defendant at the hearing does not
8preclude the imposition of the death penalty under this section
9and section 902.15 shall not preclude the introduction of
10evidence of intellectual disability or mental illness during
11the penalty proceeding. If the court finds that evidence of
12intellectual disability or mental illness does not preclude
13imposition of the death penalty, evidence of intellectual
14disability or mental illness may be reviewed by the jury in
15the penalty proceeding and the jury shall not be informed of
16the finding in the initial proceeding at any time during the
17penalty proceeding.
183. If at the trial on a charge of capital murder under
19section 902.15, the state intends to request that the death
20penalty be imposed under section 902.1A, the prosecutor shall
21file a notice of intent to seek the death penalty, at the time
22of and as part of the information or indictment filed in the
23case.
244. If a notice of intent to seek the death penalty has been
25filed, the trial shall be conducted in bifurcated proceedings
26before the same trier of fact. During the initial proceeding,
27the jury, or the court if the defendant waives the right to a
28jury trial, shall decide only whether the defendant is guilty
29or not guilty of capital murder under section 902.15.
30a. If, in the initial proceeding, the court or jury finds
31the defendant guilty of, or the defendant pleads guilty to,
32an offense other than capital murder under section 902.15,
33the court shall sentence the defendant in accordance with the
34sentencing procedures set forth in rule of criminal procedure
352.23, Iowa court rules, and chapters 901 through 909, which are
-5-1applicable to the offense.
2b. If the court or jury finds the defendant guilty of, or
3the defendant pleads guilty to, capital murder under section
4902.15, but the prosecuting attorney waives the death penalty,
5the court shall sentence the defendant to life imprisonment in
6accordance with the sentencing procedures set forth in rule of
7criminal procedure 2.23, and chapters 901 through 909, which
8are otherwise applicable to convictions of murder in the first
9degree.
10c. If the court or jury finds the defendant guilty of
11capital murder under section 902.15, or a defendant enters a
12plea of guilty in the initial proceeding, and the prosecuting
13attorney does not waive imposition of the death penalty, a
14penalty proceeding shall be held in the manner provided in
15subsections 5 through 13.
165. No sooner than twenty-four hours after a verdict of
17guilty or a plea of guilty to capital murder under section
18902.15 is returned in the initial proceeding, a penalty
19proceeding shall be held to determine whether the defendant
20shall be sentenced to death or to life imprisonment. The
21proceeding shall be conducted in the trial court before the
22trial jury, or before the court if the defendant has waived
23the right to a jury trial or has waived the right for the
24proceeding to be before the trial jury. Both the state and the
25defendant shall have the right to present opening statements
26at the commencement of the proceeding. In the proceeding,
27evidence relevant to the existence of any aggravating or
28mitigating circumstances may be presented as follows:
29a. The state or the defendant may present evidence relevant
30to the conviction of capital murder under section 902.15 and
31any aggravating circumstances other than juvenile delinquency
32adjudications for offenses which carry penalties equivalent to
33the penalties imposed for simple or serious misdemeanors. The
34state may introduce evidence of the actual harm caused by the
35commission of the capital murder offense under section 902.15,
-6-1including but not limited to evidence relating to the life of
2the victim and the impact of the loss of the victim to the
3victim’s family and society.
4b. The defendant may present evidence that the defendant
5was intellectually disabled or mentally ill at the time of the
6commission of the offense. The burden of proof shall be on the
7defendant to prove intellectual disability or mental illness by
8a preponderance of the evidence.
9c. The state or the defendant may present evidence relevant
10to any mitigating circumstances which may exist. Mitigating
11circumstances may include the following circumstances:
12(1) The defendant was under the influence of a mental
13illness insufficient to constitute a defense.
14(2) The age of the defendant at the time of the offense.
15(3) The defendant’s capacity to appreciate the wrongfulness
16of the defendant’s conduct and to conform that conduct to the
17requirements of law was significantly impaired as a result of a
18mental illness or intellectual disability, but not to a degree
19sufficient to constitute a defense.
20(4) The defendant has no significant history of prior adult
21criminal activity.
22(5) The defendant acted under extreme duress or under the
23substantial domination of another person.
24(6) The defendant did not directly commit the capital murder
25offense and the defendant did not intend to kill or anticipate
26that lethal force would be used.
27(7) Any other factor which is relevant to the defendant’s
28character or record or to the circumstances of the offense.
29d. The state and the defendant or the defendant’s counsel
30shall be permitted to present and cross-examine witnesses and
31present arguments for or against a sentence of death. Evidence
32regarding aggravating and mitigating circumstances shall not
33be governed by the rules governing admissibility of evidence,
34except that introduction of evidence secured in violation of
35the Constitution of the United States or of the Constitution of
-7-1the State of Iowa shall not be permitted.
26. At the conclusion of presentation of evidence in
3the penalty proceeding, the state and the defendant or the
4defendant’s counsel shall be permitted to make closing
5arguments, including any rebuttal arguments, in the same manner
6as in the initial proceeding, and the following issues shall be
7determined by the jury or by the court if there is no jury:
8a. Whether the aggravating circumstance or circumstances
9have been established beyond a reasonable doubt and outweigh
10any one or more mitigating circumstances.
11b. Whether the defendant shall be sentenced to death.
127. A recommendation for a sentence of death shall not be
13permitted if the recommendation is based on the race, color,
14religious beliefs, national origin, or sex of the defendant
15or of any victim, or based on any other protected class under
16chapter 216. After submission of the issues, but prior to the
17return of a finding in the penalty proceeding, if the matter
18is tried before a jury, the court shall instruct the jury
19that in considering whether a sentence of death is justified,
20the jury shall not consider race, color, religious beliefs,
21national origin, or sex of the defendant or of any victim, or
22consider any other protected class under chapter 216. The
23court shall further instruct the jury that the jury shall not
24return a sentence of death unless the jury concludes that such
25a sentence would be recommended no matter what the race, color,
26religious beliefs, national origin, sex, or other protected
27class of the defendant or of any victim may be.
288. After submission of the issues, but prior to the
29commencement of the jury deliberations in the penalty
30proceeding, the court shall instruct the jury that if the
31defendant is not sentenced to death, the court is required by
32law to impose a sentence of imprisonment until death without
33parole. The court shall further instruct the jury that
34the sentence of imprisonment until death without parole is
35required by law if the jury fails to reach a unanimous verdict
-8-1recommending a sentence of death.
29. Concurrently with the return of the findings on the
3issues submitted under subsection 6, the jury, or the court if
4there is no jury, shall return special verdicts as follows:
5a. Which aggravating circumstances were established beyond a
6reasonable doubt and were considered in reaching the verdict.
7b. Which mitigating circumstances were established and
8were considered in reaching the verdict returned on the issue
9specified in subsection 6, paragraph “a”.
1010. If the jury, or the court if there is no jury,
11returns a unanimous affirmative finding on each of the issues
12submitted under subsection 6, the court shall enter a judgment
13of conviction and shall sentence the defendant to death as
14provided in section 902.1A.
1511. However, if evidence that the defendant was not a
16major participant in the commission of the capital murder
17under section 902.15, and that the defendant’s conduct did not
18manifest a reckless indifference to human life is presented
19to the jury, or to the court if there is no jury, the jury or
20the court shall also return a special verdict on the issue.
21If the jury unanimously determines, or the court if there is
22no jury, determines that a preponderance of evidence exists
23that shows that the defendant was not a major participant in
24the commission of the capital murder under section 902.15,
25and that the defendant’s conduct did not manifest a reckless
26indifference to human life, the court shall enter a judgment
27of conviction and shall sentence the defendant to life
28imprisonment as provided in section 902.1, even if the jury or
29the court returns unanimous affirmative findings on each of the
30issues submitted under subsection 6.
3112. If the jury, or the court if there is no jury, returns
32a negative finding on any of the issues submitted under
33subsection 6, the court shall enter a judgment of conviction
34and shall sentence the defendant to life imprisonment as
35provided in section 902.1.
-9- 113. After a verdict has been rendered, it shall be recorded
2on the jury verdict form and shall be read and recorded in open
3court. The jurors shall be collectively asked by the court
4whether the verdict returned is their true and correct verdict.
5Even though no juror makes any declaration to the contrary, the
6jury shall, if either party so requests, be polled and each
7juror shall be separately asked whether the verdict rendered by
8the jury foreperson is the juror’s true and correct verdict.
9If, upon either the collective or the separate inquiry, any
10juror denies that the verdict is the juror’s verdict, the court
11shall refuse to accept the verdict. The court may direct
12inquiry or permit inquiry by counsel to ascertain whether any
13juror has been subjected to coercion or has become confused
14during the jury deliberation process. The court may, as
15appropriate, direct the jury to resume deliberation in the
16case. If no disagreement on the verdict is expressed by any of
17the jurors, the court shall discharge the jury.
18 Sec. 7. Section 902.1, subsection 1, Code 2023, is amended
19to read as follows:
201. Upon Except as provided in section 902.1A, a plea of
21guilty, a verdict of guilty, or a special verdict upon which a
22judgment of conviction of a class “A” felony may be rendered,
23the court shall enter a judgment of conviction and shall commit
24the defendant into the custody of the director of the Iowa
25department of corrections for the rest of the defendant’s
26life. Nothing in the Iowa corrections code pertaining to
27deferred judgment, deferred sentence, suspended sentence, or
28reconsideration of sentence applies to a class “A” felony, and
29a person convicted of a class “A” felony shall not be released
30on parole unless the governor commutes the sentence to a term
31of years.
32 Sec. 8. NEW SECTION. 902.1A Capital murder — death
33penalty.
341. For the purposes of this section, “lethal injection”
35means a continuous intravenous injection of a lethal substance
-10-1sufficient to cause death.
22. Notwithstanding section 902.1, upon return of a plea
3or verdict of guilty to capital murder under section 902.15,
4and a return of a verdict in favor of a sentence of death in
5a penalty proceeding conducted as provided in section 901E.1,
6the court shall enter a judgment of conviction and shall commit
7the defendant into the custody of the director of the Iowa
8department of corrections. The sentence shall be carried out
9by the administration of a lethal injection pursuant to rules
10adopted by the board of corrections. If a defendant, for whom
11a warrant of execution is issued, is pregnant, the execution
12shall not take place until after the defendant is no longer
13pregnant. If a defendant, for whom a warrant of execution
14is issued, is suffering from a mental illness as to prevent
15the defendant from knowing the nature and quality of the act
16the defendant has been convicted of, or from understanding
17that trial on the offense has taken place and that execution
18proceedings are about to take place, or to otherwise cause the
19defendant to lack the capacity to understand the sentence which
20has been imposed and to participate in any legal proceedings
21relating to the sentence, the execution shall not take place
22until after the defendant’s capacity is restored. If the
23director of the department of corrections or the defendant’s
24counsel files a request with the court which issued the warrant
25of execution alleging that the defendant suffers from a mental
26illness, a hearing on the matter shall be held in the manner
27provided in section 812A.1.
28 Sec. 9. NEW SECTION. 902.15 Capital murder.
291. As used in this section:
30a. “Capital murder” means any murder that makes a person
31eligible for the death penalty.
32b. “Eligible for the death penalty” means when a person
33is convicted of the multiple offenses of murder in the first
34degree in violation of section 707.2, kidnapping in violation
35of section 710.2, 710.3, or 710.4, or sexual abuse in violation
-11-1of section 709.2, 709.3, 709.4, or 709.4A with respect to the
2same victim, and the victim is a minor.
3c. “Intellectually disabled” means significant subaverage
4general intellectual functioning accompanied by significant
5deficits or impairments in adaptive functioning manifested in
6the developmental period, but no later than the age of eighteen
7years, and accompanied by deficits in adaptive behavior.
8d. “Mentally ill” or “mental illness” means the condition
9of a person who is suffering from a chronic and persistent
10serious mental disease or disorder and who, by reason of that
11condition, lacks sufficient judgment to make responsible
12decisions regarding treatment and is reasonably likely to
13injure the person’s self or others who may come into contact
14with the person if the person is allowed to remain at liberty
15without treatment.
16e. “Minor” means a person under eighteen years of age.
172. A person who commits capital murder, who is eligible
18for the death penalty, who is not intellectually disabled or
19mentally ill, and who is age eighteen or older at the time of
20the capital murder, shall be subject to a sentence of death
21under section 902.1A.
22 Sec. 10. NEW SECTION. 902.16 Data collection for capital
23murder — death penalty.
241. The supreme court shall collect data on all capital
25murder charges in which the death penalty is or was not waived
26which are filed and processed in the courts in this state.
27This data may be used by the supreme court to determine whether
28death sentences imposed are excessive or disproportionate, or
29under the influence of prejudice under section 814.28. The
30court shall make this data available to litigants in death
31penalty cases.
322. Data collected by public officials concerning factors
33relevant to the imposition of the death sentence shall be made
34publicly available.
35 Sec. 11. NEW SECTION. 903C.1 Executions — refusal to
-12-1perform.
2An employee of the state who may lawfully perform, assist, or
3participate in the execution of a person pursuant to section
4902.1A, and rules adopted by the department of corrections,
5shall not be required to perform, assist, or participate in
6the execution. State employees who refuse to perform, assist,
7or participate in the execution of a person shall not be
8discriminated against in any way, including but not limited
9to employment, promotion, advancement, transfer, licensing,
10education, training, or the granting of any privileges or
11appointments because of the refusal to perform, assist, or
12participate in the execution.
13 Sec. 12. Section 904.105, Code 2023, is amended by adding
14the following new subsection:
15 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A
16pertaining to executions of persons convicted of capital murder
17under section 902.15. Rules adopted shall include but are not
18limited to rules permitting the witnessing of executions by
19members of the public and the victim’s family. Invitations
20to witness an execution shall at least be extended to the
21following representatives of the news media:
22a. A representative from a wire service serving Iowa.
23b. A representative from a broadcasting network serving
24Iowa.
25c. A representative from a television station located in
26Iowa.
27d. A representative from a radio station located in Iowa.
28e. A representative from a daily newspaper published in
29Iowa.
30f. A representative from a weekly newspaper published in
31Iowa.
32g. A representative from the news media from the community
33in which the condemned person resided, if that community is
34located in Iowa.
35 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
-13-13, shall not apply to this Act.
2 Sec. 14. SEVERABILITY. If any provision of this Act or the
3application thereof to any person is invalid, the invalidity
4shall not affect the provisions or application of this Act
5which can be given effect without the invalid provisions or
6application and to this end, the provisions of this Act are
7severable.
8 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1,
92024.
10 Sec. 16. APPLICABILITY. This Act applies to offenses
11committed on or after the effective date of this Act.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends the Iowa criminal code to provide for
16punishment by death for capital murder committed by a person
17age 18 or older if the trial jury, or the judge if there
18is no jury, makes specific findings and whether the jury
19believes the defendant should be put to death in a separate
20penalty proceeding held after the close of the initial trial
21proceeding.
22Under the bill, a death penalty sentence could be imposed
23if the person is convicted of the multiple offenses of murder
24in the first degree, kidnapping in the first, second, or third
25degree, and sexual abuse in the first, second, or third degree
26with respect to the same victim, and the victim is a minor.
27The bill provides that in order to receive a sentence of
28death, the defendant must be at least 18 years of age at the
29time the murder in the first degree was committed, must not be
30mentally ill or intellectually disabled, and must have been a
31major participant in the commission of the crime or must have
32shown a manifest indifference to human life.
33If a person is indigent and is charged with capital murder,
34payment of costs for two attorneys is authorized. The supreme
35court is required to establish standards for the competency
-14-1of counsel in death penalty cases. The state public defender
2is charged with establishing teams of qualified lead and
3co-counsel for death penalty cases, as well as conducting
4or sponsoring specialized training programs for attorneys
5representing persons who may be executed.
6If a capital murder case proceeds to trial and a notice of
7intent to seek the death penalty has been filed, in addition to
8any other defenses which may be presented to the charge, the
9defendant may raise the issue of intellectual disability or
10mental illness during the time of filing pretrial motions.
11Once the evidence is submitted to the jury, the court
12will instruct the jury, at the defendant’s request, that in
13considering whether a sentence of death is justified, the
14race, color, religious beliefs, national origin, sex, or other
15protected classes under Code chapter 216 of the defendant or
16of any victim is not to be considered. The supreme court
17shall collect evidence relating to whether the death sentences
18imposed are excessive, disproportionate, or imposed under the
19influence of prejudice at trial which will be available to
20litigants.
21The sentence of death is imposed only when the trier of fact
22(the jury or the court if the defendant has waived the right to
23a jury trial) unanimously answers two questions affirmatively:
24(1) whether aggravating circumstances established beyond a
25reasonable doubt outweigh any mitigating circumstances that
26may exist; and (2) whether the defendant should be sentenced
27to death. Mitigating factors the trier of fact may consider
28include the following: whether the defendant was under the
29influence of a mental illness; the age of the defendant;
30the defendant’s ability to appreciate the wrongfulness of
31the conduct due to a mental illness but not to a degree to
32constitute a defense; the defendant has no significant prior
33criminal history; the defendant was under extreme duress;
34the defendant did not directly commit the murder; and the
35defendant’s character or record or the circumstances of the
-15-1offense. The sentencing proceeding is conducted separately
2from the finding of guilt or innocence by the same trier of
3fact.
4For the sentencing proceeding, the trier of fact (the jury
5or the court if the defendant has waived the right to have
6the jury hear the proceedings) is to weigh any aggravating
7circumstances established beyond a reasonable doubt by the
8state against any of the enumerated mitigating circumstances
9which may be presented by the defendant. Evidence of certain
10juvenile delinquency adjudications is not admissible in any
11proceeding to determine the sentence. If the jury fails to
12agree unanimously on the required affirmative findings, the
13penalty imposed would be life imprisonment.
14The death penalty sentence would be reviewed automatically
15by the supreme court. The supreme court shall review the trial
16and judgment separately from the sentencing proceeding. If the
17supreme court finds error in the sentencing proceeding, the
18supreme court may remand the case back to district court for a
19new sentencing hearing. The bill requires the supreme court to
20examine whether the sentence is excessive or disproportionate
21to penalties in similar cases. If affirmed by the supreme
22court, the penalty would be accomplished by lethal injection.
23The bill requires the board of corrections to adopt rules
24pertaining to executions, including rules pertaining to the
25witnessing of executions.
26A person who is sentenced to death, but who is pregnant when
27the warrant of execution is issued, is not to be executed until
28the person is no longer pregnant. A procedure is also provided
29to stay execution of a condemned inmate who becomes mentally
30ill after conviction but before execution.
31An employee of the state shall not be required to perform or
32assist in any execution and shall not be discriminated against
33for refusing to participate.
34The bill may include a state mandate as defined in Code
35section 25B.3. The bill makes inapplicable Code section 25B.2,
-16-1subsection 3, which would relieve a political subdivision from
2complying with a state mandate if funding for the cost of
3the state mandate is not provided or specified. Therefore,
4political subdivisions are required to comply with any state
5mandate included in the bill.
6The bill contains severability provisions and takes effect
7January 1, 2024, and applies only to offenses committed on or
8after that date.
-17-as/rh