Bill Text: IA SF357 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree offenses involving kidnapping and sexual abuse offenses against the same victim who is a minor, providing penalties, and including effective date and applicability provisions.(Formerly SF 14.)
Spectrum: Committee Bill
Status: (Introduced) 2024-01-17 - Subcommittee: Garrett, Bisignano, and Schultz. S.J. 119. [SF357 Detail]
Download: Iowa-2023-SF357-Introduced.html
Senate
File
357
-
Introduced
SENATE
FILE
357
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
14)
A
BILL
FOR
An
Act
creating
a
capital
murder
offense
by
establishing
the
1
penalty
of
death
for
murder
in
the
first
degree
offenses
2
involving
kidnapping
and
sexual
abuse
offenses
against
3
the
same
victim
who
is
a
minor,
providing
penalties,
and
4
including
effective
date
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
13B.4,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
The
state
public
defender
shall
perform
3
all
of
the
following
duties
with
respect
to
the
appointment
of
4
counsel
for
indigent
persons
in
cases
in
which
a
sentence
of
5
death
may
be
or
is
to
be
imposed:
6
a.
Provide
or
contract
with
attorneys
for
appointment
as
7
lead
counsel
and
co-counsel
to
provide
legal
services
in
cases
8
where
a
person
is
charged
with
capital
murder
under
section
9
902.15,
and
the
state
has
given
notice
of
intent
to
seek
the
10
death
penalty
or
in
cases
in
which
a
sentence
of
death
is
to
be
11
imposed.
12
b.
Conduct
or
sponsor
specialized
training
programs
for
13
attorneys
representing
persons
who
may
be
executed.
14
Sec.
2.
NEW
SECTION
.
602.10112
Qualifications
of
counsel
15
in
capital
murder
cases.
16
The
supreme
court
shall
prescribe
rules
which
establish
17
minimum
standards
and
procedures
by
which
attorneys
may
become
18
qualified
to
provide
legal
services
as
lead
counsel
in
cases
in
19
which
a
sentence
of
death
may
be
or
is
to
be
imposed.
20
Sec.
3.
NEW
SECTION
.
812A.1
Procedure
to
determine
sanity
21
of
condemned
inmate.
22
1.
At
any
time
prior
to
the
execution
of
an
inmate
23
under
section
902.1A,
if
the
director
of
the
department
of
24
corrections
or
the
counsel
for
a
person
who
is
under
a
sentence
25
of
execution
has
cause
to
believe
that
the
inmate
is
suffering
26
from
a
mental
illness
as
to
prevent
the
defendant
from
knowing
27
the
nature
and
quality
of
the
act
the
defendant
has
been
28
convicted
of,
or
from
understanding
that
trial
on
the
offense
29
has
taken
place
and
that
execution
proceedings
are
about
to
30
take
place,
or
to
otherwise
cause
the
defendant
to
lack
the
31
capacity
to
understand
the
sentence
which
has
been
imposed
32
and
to
participate
in
any
legal
proceedings
relating
to
the
33
sentence,
the
director
or
counsel
may
file
a
request
with
the
34
court
that
issued
the
warrant
for
execution
for
a
determination
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of
the
inmate’s
sanity.
If
the
court
determines
that
there
is
1
not
sufficient
reason
to
believe
that
the
inmate
is
mentally
2
ill,
the
court
shall
enter
an
order
denying
the
request
and
3
shall
state
the
grounds
for
denying
the
request.
If
the
court
4
believes
that
there
is
sufficient
reason
to
believe
that
the
5
inmate
is
mentally
ill,
the
court
shall
suspend
the
execution
6
and
conduct
a
hearing
to
determine
the
sanity
of
the
inmate.
7
2.
At
the
hearing,
the
court
shall
determine
the
issue
of
8
the
inmate’s
sanity.
Prior
to
the
hearing,
the
court
shall
9
appoint
two
licensed
physicians
or
licensed
psychologists,
or
10
one
licensed
physician
and
one
licensed
psychologist,
who
are
11
qualified
by
training
and
practice,
for
purposes
of
conducting
12
a
psychiatric
or
psychological
examination
of
the
inmate.
The
13
physicians
or
psychologists
shall
examine
the
inmate
and
report
14
any
findings
in
writing
to
the
court
within
ten
days
after
15
the
order
of
examination
is
issued.
The
inmate
shall
have
16
the
right
to
present
evidence
and
cross-examine
any
witnesses
17
at
the
hearing.
Any
statement
made
by
the
inmate
during
the
18
course
of
any
examination
provided
for
in
this
section,
whether
19
or
not
the
inmate
consents
to
the
examination,
shall
not
be
20
admitted
into
evidence
against
the
inmate
in
any
criminal
21
proceeding
for
purposes
other
than
a
determination
of
the
22
inmate’s
sanity.
23
3.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
24
section,
the
court
determines
that
the
inmate
is
in
good
mental
25
health,
the
court
shall
enter
an
order
setting
a
date
for
the
26
inmate’s
execution,
which
shall
be
carried
into
effect
in
the
27
same
manner
as
provided
in
the
original
sentence.
A
copy
of
28
the
order
shall
be
sent
to
the
director
of
the
department
of
29
corrections
and
the
governor.
30
4.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
31
section,
the
court
determines
that
the
inmate
is
mentally
ill,
32
the
court
shall
suspend
the
execution
until
further
order.
33
At
any
time
after
issuance
of
the
order,
if
the
court
has
34
sufficient
reason
to
believe
that
the
inmate
is
in
good
mental
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health,
the
court
shall
again
determine
the
sanity
of
the
1
inmate
as
provided
by
this
section.
2
Sec.
4.
NEW
SECTION
.
814.30
Review
of
capital
murder
death
3
sentence.
4
1.
In
a
case
in
which
a
sentence
of
death
is
imposed,
the
5
supreme
court
shall
automatically
review
the
judgment
and
6
sentence.
The
court’s
review
of
the
case
shall
be
de
novo.
The
7
case
shall
not
be
transferred
to
the
court
of
appeals.
8
2.
A
review
by
the
supreme
court
of
a
judgment
and
sentence
9
imposing
the
punishment
of
death
has
priority
over
all
other
10
criminal
and
other
actions
pending
before
the
supreme
court.
11
3.
The
supreme
court
shall
review
the
trial
and
judgment,
12
and
shall
separately
review
the
sentencing
proceeding.
Upon
13
determining
that
errors
did
not
occur
at
the
trial
requiring
14
reversal
or
modification
of
the
judgment,
the
supreme
court
15
shall
proceed
to
determine
if
the
sentence
of
death
is
lawfully
16
imposed.
In
its
review
of
the
sentencing
proceeding,
the
17
supreme
court
shall
determine
all
of
the
following:
18
a.
Whether
the
sentence
of
death
was
imposed
capriciously
or
19
under
the
influence
of
prejudice
or
any
other
arbitrary
factor.
20
b.
Whether
the
special
verdicts
returned
under
section
21
901E.1
are
supported
by
the
evidence.
22
c.
Whether
the
sentence
of
death
is
excessive
or
23
disproportionate
to
the
penalty
imposed
in
similar
cases,
24
considering
both
the
crime
and
the
defendant.
25
4.
If
the
supreme
court
determines
that
the
sentence
of
26
death
was
not
lawfully
imposed,
the
supreme
court
shall
set
27
aside
the
sentence
and
shall
remand
the
case
to
the
trial
28
court
for
a
second
sentencing
proceeding
to
determine
if
the
29
imposition
of
death
is
warranted.
30
5.
If
the
supreme
court
affirms
the
judgment
and
sentence
31
of
death,
the
clerk
of
the
supreme
court
shall
certify
the
32
judgment
of
the
supreme
court
under
the
seal
of
the
supreme
33
court
to
the
clerk
of
the
trial
court.
34
Sec.
5.
Section
815.10,
Code
2023,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
1A.
If
two
attorneys
have
not
already
been
2
appointed
pursuant
to
subsection
1,
the
court
shall
appoint,
3
for
each
indigent
person
who
is
charged
with
capital
murder
4
under
section
902.15,
and
in
which
a
notice
of
intent
to
5
seek
the
death
penalty
has
been
filed,
two
attorneys
who
are
6
qualified
under
section
602.10112
to
represent
the
person
in
7
the
proceedings
and
in
all
state
legal
proceedings
which
take
8
place
from
the
time
the
person
is
indicted
or
arraigned
until
9
the
person
is
sentenced
on
the
charge.
In
addition,
if
at
10
any
point
in
federal
postconviction
proceedings
an
indigent
11
person
is
not
afforded
court-appointed
counsel,
the
state
shall
12
provide
counsel
to
the
person
to
present
any
claims
determined
13
meritorious
by
the
federal
court
if
the
person
is
not
otherwise
14
represented
by
legal
counsel.
Only
private
attorneys
and
15
public
defenders
who
are
qualified
to
provide
representation
in
16
cases
in
which
the
death
penalty
may
be
imposed
are
eligible
17
for
appointment
or
assignment
to
a
case
in
which
the
death
18
penalty
may
be
imposed.
19
Sec.
6.
NEW
SECTION
.
901E.1
Capital
murder
proceedings
——
20
request
for
death
penalty
——
penalty
proceedings.
21
1.
As
used
in
this
section:
22
a.
“Intellectually
disabled”
means
the
same
as
defined
in
23
section
902.15.
24
b.
“Mentally
ill”
or
“mental
illness”
means
the
same
as
25
defined
in
section
902.15.
26
2.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
27
filed,
objections
to
the
imposition
of
the
death
penalty
based
28
upon
allegations
that
a
defendant
was
intellectually
disabled
29
or
mentally
ill
at
the
time
of
the
commission
of
the
offense
30
shall
be
raised
within
the
time
provided
for
the
filing
of
31
pretrial
motions
under
rule
of
criminal
procedure
2.11.
The
32
court
may,
for
good
cause
shown,
allow
late
filing
of
the
33
motion.
Hearing
on
the
motion
shall
be
held
prior
to
trial
34
and
the
burden
of
proof
shall
be
on
the
defendant
to
prove
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intellectual
disability
or
mental
illness
by
a
preponderance
1
of
the
evidence.
If
the
court
finds
that
the
defendant
is
2
intellectually
disabled,
the
defendant,
if
convicted
of
capital
3
murder
under
section
902.15,
shall
not
be
sentenced
to
death
4
but
shall
be
sentenced
to
life
imprisonment
in
the
manner
5
provided
in
section
902.1.
A
finding
by
the
court
that
the
6
evidence
presented
by
the
defendant
at
the
hearing
does
not
7
preclude
the
imposition
of
the
death
penalty
under
this
section
8
and
section
902.15
shall
not
preclude
the
introduction
of
9
evidence
of
intellectual
disability
or
mental
illness
during
10
the
penalty
proceeding.
If
the
court
finds
that
evidence
of
11
intellectual
disability
or
mental
illness
does
not
preclude
12
imposition
of
the
death
penalty,
evidence
of
intellectual
13
disability
or
mental
illness
may
be
reviewed
by
the
jury
in
14
the
penalty
proceeding
and
the
jury
shall
not
be
informed
of
15
the
finding
in
the
initial
proceeding
at
any
time
during
the
16
penalty
proceeding.
17
3.
If
at
the
trial
on
a
charge
of
capital
murder
under
18
section
902.15,
the
state
intends
to
request
that
the
death
19
penalty
be
imposed
under
section
902.1A,
the
prosecutor
shall
20
file
a
notice
of
intent
to
seek
the
death
penalty,
at
the
time
21
of
and
as
part
of
the
information
or
indictment
filed
in
the
22
case.
23
4.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
24
filed,
the
trial
shall
be
conducted
in
bifurcated
proceedings
25
before
the
same
trier
of
fact.
During
the
initial
proceeding,
26
the
jury,
or
the
court
if
the
defendant
waives
the
right
to
a
27
jury
trial,
shall
decide
only
whether
the
defendant
is
guilty
28
or
not
guilty
of
capital
murder
under
section
902.15.
29
a.
If,
in
the
initial
proceeding,
the
court
or
jury
finds
30
the
defendant
guilty
of,
or
the
defendant
pleads
guilty
to,
31
an
offense
other
than
capital
murder
under
section
902.15,
32
the
court
shall
sentence
the
defendant
in
accordance
with
the
33
sentencing
procedures
set
forth
in
rule
of
criminal
procedure
34
2.23,
Iowa
court
rules,
and
chapters
901
through
909,
which
are
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applicable
to
the
offense.
1
b.
If
the
court
or
jury
finds
the
defendant
guilty
of,
or
2
the
defendant
pleads
guilty
to,
capital
murder
under
section
3
902.15,
but
the
prosecuting
attorney
waives
the
death
penalty,
4
the
court
shall
sentence
the
defendant
to
life
imprisonment
in
5
accordance
with
the
sentencing
procedures
set
forth
in
rule
of
6
criminal
procedure
2.23,
and
chapters
901
through
909,
which
7
are
otherwise
applicable
to
convictions
of
murder
in
the
first
8
degree.
9
c.
If
the
court
or
jury
finds
the
defendant
guilty
of
10
capital
murder
under
section
902.15,
or
a
defendant
enters
a
11
plea
of
guilty
in
the
initial
proceeding,
and
the
prosecuting
12
attorney
does
not
waive
imposition
of
the
death
penalty,
a
13
penalty
proceeding
shall
be
held
in
the
manner
provided
in
14
subsections
5
through
13.
15
5.
No
sooner
than
twenty-four
hours
after
a
verdict
of
16
guilty
or
a
plea
of
guilty
to
capital
murder
under
section
17
902.15
is
returned
in
the
initial
proceeding,
a
penalty
18
proceeding
shall
be
held
to
determine
whether
the
defendant
19
shall
be
sentenced
to
death
or
to
life
imprisonment.
The
20
proceeding
shall
be
conducted
in
the
trial
court
before
the
21
trial
jury,
or
before
the
court
if
the
defendant
has
waived
22
the
right
to
a
jury
trial
or
has
waived
the
right
for
the
23
proceeding
to
be
before
the
trial
jury.
Both
the
state
and
the
24
defendant
shall
have
the
right
to
present
opening
statements
25
at
the
commencement
of
the
proceeding.
In
the
proceeding,
26
evidence
relevant
to
the
existence
of
any
aggravating
or
27
mitigating
circumstances
may
be
presented
as
follows:
28
a.
The
state
or
the
defendant
may
present
evidence
relevant
29
to
the
conviction
of
capital
murder
under
section
902.15
and
30
any
aggravating
circumstances
other
than
juvenile
delinquency
31
adjudications
for
offenses
which
carry
penalties
equivalent
to
32
the
penalties
imposed
for
simple
or
serious
misdemeanors.
The
33
state
may
introduce
evidence
of
the
actual
harm
caused
by
the
34
commission
of
the
capital
murder
offense
under
section
902.15,
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including
but
not
limited
to
evidence
relating
to
the
life
of
1
the
victim
and
the
impact
of
the
loss
of
the
victim
to
the
2
victim’s
family
and
society.
3
b.
The
defendant
may
present
evidence
that
the
defendant
4
was
intellectually
disabled
or
mentally
ill
at
the
time
of
the
5
commission
of
the
offense.
The
burden
of
proof
shall
be
on
the
6
defendant
to
prove
intellectual
disability
or
mental
illness
by
7
a
preponderance
of
the
evidence.
8
c.
The
state
or
the
defendant
may
present
evidence
relevant
9
to
any
mitigating
circumstances
which
may
exist.
Mitigating
10
circumstances
may
include
the
following
circumstances:
11
(1)
The
defendant
was
under
the
influence
of
a
mental
12
illness
insufficient
to
constitute
a
defense.
13
(2)
The
age
of
the
defendant
at
the
time
of
the
offense.
14
(3)
The
defendant’s
capacity
to
appreciate
the
wrongfulness
15
of
the
defendant’s
conduct
and
to
conform
that
conduct
to
the
16
requirements
of
law
was
significantly
impaired
as
a
result
of
a
17
mental
illness
or
intellectual
disability,
but
not
to
a
degree
18
sufficient
to
constitute
a
defense.
19
(4)
The
defendant
has
no
significant
history
of
prior
adult
20
criminal
activity.
21
(5)
The
defendant
acted
under
extreme
duress
or
under
the
22
substantial
domination
of
another
person.
23
(6)
The
defendant
did
not
directly
commit
the
capital
murder
24
offense
and
the
defendant
did
not
intend
to
kill
or
anticipate
25
that
lethal
force
would
be
used.
26
(7)
Any
other
factor
which
is
relevant
to
the
defendant’s
27
character
or
record
or
to
the
circumstances
of
the
offense.
28
d.
The
state
and
the
defendant
or
the
defendant’s
counsel
29
shall
be
permitted
to
present
and
cross-examine
witnesses
and
30
present
arguments
for
or
against
a
sentence
of
death.
Evidence
31
regarding
aggravating
and
mitigating
circumstances
shall
not
32
be
governed
by
the
rules
governing
admissibility
of
evidence,
33
except
that
introduction
of
evidence
secured
in
violation
of
34
the
Constitution
of
the
United
States
or
of
the
Constitution
of
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the
State
of
Iowa
shall
not
be
permitted.
1
6.
At
the
conclusion
of
presentation
of
evidence
in
2
the
penalty
proceeding,
the
state
and
the
defendant
or
the
3
defendant’s
counsel
shall
be
permitted
to
make
closing
4
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
5
as
in
the
initial
proceeding,
and
the
following
issues
shall
be
6
determined
by
the
jury
or
by
the
court
if
there
is
no
jury:
7
a.
Whether
the
aggravating
circumstance
or
circumstances
8
have
been
established
beyond
a
reasonable
doubt
and
outweigh
9
any
one
or
more
mitigating
circumstances.
10
b.
Whether
the
defendant
shall
be
sentenced
to
death.
11
7.
A
recommendation
for
a
sentence
of
death
shall
not
be
12
permitted
if
the
recommendation
is
based
on
the
race,
color,
13
religious
beliefs,
national
origin,
or
sex
of
the
defendant
14
or
of
any
victim,
or
based
on
any
other
protected
class
under
15
chapter
216.
After
submission
of
the
issues,
but
prior
to
the
16
return
of
a
finding
in
the
penalty
proceeding,
if
the
matter
17
is
tried
before
a
jury,
the
court
shall
instruct
the
jury
18
that
in
considering
whether
a
sentence
of
death
is
justified,
19
the
jury
shall
not
consider
race,
color,
religious
beliefs,
20
national
origin,
or
sex
of
the
defendant
or
of
any
victim,
or
21
consider
any
other
protected
class
under
chapter
216.
The
22
court
shall
further
instruct
the
jury
that
the
jury
shall
not
23
return
a
sentence
of
death
unless
the
jury
concludes
that
such
24
a
sentence
would
be
recommended
no
matter
what
the
race,
color,
25
religious
beliefs,
national
origin,
sex,
or
other
protected
26
class
of
the
defendant
or
of
any
victim
may
be.
27
8.
After
submission
of
the
issues,
but
prior
to
the
28
commencement
of
the
jury
deliberations
in
the
penalty
29
proceeding,
the
court
shall
instruct
the
jury
that
if
the
30
defendant
is
not
sentenced
to
death,
the
court
is
required
by
31
law
to
impose
a
sentence
of
imprisonment
until
death
without
32
parole.
The
court
shall
further
instruct
the
jury
that
33
the
sentence
of
imprisonment
until
death
without
parole
is
34
required
by
law
if
the
jury
fails
to
reach
a
unanimous
verdict
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recommending
a
sentence
of
death.
1
9.
Concurrently
with
the
return
of
the
findings
on
the
2
issues
submitted
under
subsection
6,
the
jury,
or
the
court
if
3
there
is
no
jury,
shall
return
special
verdicts
as
follows:
4
a.
Which
aggravating
circumstances
were
established
beyond
a
5
reasonable
doubt
and
were
considered
in
reaching
the
verdict.
6
b.
Which
mitigating
circumstances
were
established
and
7
were
considered
in
reaching
the
verdict
returned
on
the
issue
8
specified
in
subsection
6,
paragraph
“a”
.
9
10.
If
the
jury,
or
the
court
if
there
is
no
jury,
10
returns
a
unanimous
affirmative
finding
on
each
of
the
issues
11
submitted
under
subsection
6,
the
court
shall
enter
a
judgment
12
of
conviction
and
shall
sentence
the
defendant
to
death
as
13
provided
in
section
902.1A.
14
11.
However,
if
evidence
that
the
defendant
was
not
a
15
major
participant
in
the
commission
of
the
capital
murder
16
under
section
902.15,
and
that
the
defendant’s
conduct
did
not
17
manifest
a
reckless
indifference
to
human
life
is
presented
18
to
the
jury,
or
to
the
court
if
there
is
no
jury,
the
jury
or
19
the
court
shall
also
return
a
special
verdict
on
the
issue.
20
If
the
jury
unanimously
determines,
or
the
court
if
there
is
21
no
jury,
determines
that
a
preponderance
of
evidence
exists
22
that
shows
that
the
defendant
was
not
a
major
participant
in
23
the
commission
of
the
capital
murder
under
section
902.15,
24
and
that
the
defendant’s
conduct
did
not
manifest
a
reckless
25
indifference
to
human
life,
the
court
shall
enter
a
judgment
26
of
conviction
and
shall
sentence
the
defendant
to
life
27
imprisonment
as
provided
in
section
902.1,
even
if
the
jury
or
28
the
court
returns
unanimous
affirmative
findings
on
each
of
the
29
issues
submitted
under
subsection
6.
30
12.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
31
a
negative
finding
on
any
of
the
issues
submitted
under
32
subsection
6,
the
court
shall
enter
a
judgment
of
conviction
33
and
shall
sentence
the
defendant
to
life
imprisonment
as
34
provided
in
section
902.1.
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13.
After
a
verdict
has
been
rendered,
it
shall
be
recorded
1
on
the
jury
verdict
form
and
shall
be
read
and
recorded
in
open
2
court.
The
jurors
shall
be
collectively
asked
by
the
court
3
whether
the
verdict
returned
is
their
true
and
correct
verdict.
4
Even
though
no
juror
makes
any
declaration
to
the
contrary,
the
5
jury
shall,
if
either
party
so
requests,
be
polled
and
each
6
juror
shall
be
separately
asked
whether
the
verdict
rendered
by
7
the
jury
foreperson
is
the
juror’s
true
and
correct
verdict.
8
If,
upon
either
the
collective
or
the
separate
inquiry,
any
9
juror
denies
that
the
verdict
is
the
juror’s
verdict,
the
court
10
shall
refuse
to
accept
the
verdict.
The
court
may
direct
11
inquiry
or
permit
inquiry
by
counsel
to
ascertain
whether
any
12
juror
has
been
subjected
to
coercion
or
has
become
confused
13
during
the
jury
deliberation
process.
The
court
may,
as
14
appropriate,
direct
the
jury
to
resume
deliberation
in
the
15
case.
If
no
disagreement
on
the
verdict
is
expressed
by
any
of
16
the
jurors,
the
court
shall
discharge
the
jury.
17
Sec.
7.
Section
902.1,
subsection
1,
Code
2023,
is
amended
18
to
read
as
follows:
19
1.
Upon
Except
as
provided
in
section
902.1A,
a
plea
of
20
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
a
21
judgment
of
conviction
of
a
class
“A”
felony
may
be
rendered,
22
the
court
shall
enter
a
judgment
of
conviction
and
shall
commit
23
the
defendant
into
the
custody
of
the
director
of
the
Iowa
24
department
of
corrections
for
the
rest
of
the
defendant’s
25
life.
Nothing
in
the
Iowa
corrections
code
pertaining
to
26
deferred
judgment,
deferred
sentence,
suspended
sentence,
or
27
reconsideration
of
sentence
applies
to
a
class
“A”
felony,
and
28
a
person
convicted
of
a
class
“A”
felony
shall
not
be
released
29
on
parole
unless
the
governor
commutes
the
sentence
to
a
term
30
of
years.
31
Sec.
8.
NEW
SECTION
.
902.1A
Capital
murder
——
death
32
penalty.
33
1.
For
the
purposes
of
this
section,
“lethal
injection”
34
means
a
continuous
intravenous
injection
of
a
lethal
substance
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sufficient
to
cause
death.
1
2.
Notwithstanding
section
902.1,
upon
return
of
a
plea
2
or
verdict
of
guilty
to
capital
murder
under
section
902.15,
3
and
a
return
of
a
verdict
in
favor
of
a
sentence
of
death
in
4
a
penalty
proceeding
conducted
as
provided
in
section
901E.1,
5
the
court
shall
enter
a
judgment
of
conviction
and
shall
commit
6
the
defendant
into
the
custody
of
the
director
of
the
Iowa
7
department
of
corrections.
The
sentence
shall
be
carried
out
8
by
the
administration
of
a
lethal
injection
pursuant
to
rules
9
adopted
by
the
board
of
corrections.
If
a
defendant,
for
whom
10
a
warrant
of
execution
is
issued,
is
pregnant,
the
execution
11
shall
not
take
place
until
after
the
defendant
is
no
longer
12
pregnant.
If
a
defendant,
for
whom
a
warrant
of
execution
13
is
issued,
is
suffering
from
a
mental
illness
as
to
prevent
14
the
defendant
from
knowing
the
nature
and
quality
of
the
act
15
the
defendant
has
been
convicted
of,
or
from
understanding
16
that
trial
on
the
offense
has
taken
place
and
that
execution
17
proceedings
are
about
to
take
place,
or
to
otherwise
cause
the
18
defendant
to
lack
the
capacity
to
understand
the
sentence
which
19
has
been
imposed
and
to
participate
in
any
legal
proceedings
20
relating
to
the
sentence,
the
execution
shall
not
take
place
21
until
after
the
defendant’s
capacity
is
restored.
If
the
22
director
of
the
department
of
corrections
or
the
defendant’s
23
counsel
files
a
request
with
the
court
which
issued
the
warrant
24
of
execution
alleging
that
the
defendant
suffers
from
a
mental
25
illness,
a
hearing
on
the
matter
shall
be
held
in
the
manner
26
provided
in
section
812A.1.
27
Sec.
9.
NEW
SECTION
.
902.15
Capital
murder.
28
1.
As
used
in
this
section:
29
a.
“Capital
murder”
means
any
murder
that
makes
a
person
30
eligible
for
the
death
penalty.
31
b.
“Eligible
for
the
death
penalty”
means
when
a
person
32
is
convicted
of
the
multiple
offenses
of
murder
in
the
first
33
degree
in
violation
of
section
707.2,
kidnapping
in
violation
34
of
section
710.2,
710.3,
or
710.4,
or
sexual
abuse
in
violation
35
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of
section
709.2,
709.3,
709.4,
or
709.4A
with
respect
to
the
1
same
victim,
and
the
victim
is
a
minor.
2
c.
“Intellectually
disabled”
means
significant
subaverage
3
general
intellectual
functioning
accompanied
by
significant
4
deficits
or
impairments
in
adaptive
functioning
manifested
in
5
the
developmental
period,
but
no
later
than
the
age
of
eighteen
6
years,
and
accompanied
by
deficits
in
adaptive
behavior.
7
d.
“Mentally
ill”
or
“mental
illness”
means
the
condition
8
of
a
person
who
is
suffering
from
a
chronic
and
persistent
9
serious
mental
disease
or
disorder
and
who,
by
reason
of
that
10
condition,
lacks
sufficient
judgment
to
make
responsible
11
decisions
regarding
treatment
and
is
reasonably
likely
to
12
injure
the
person’s
self
or
others
who
may
come
into
contact
13
with
the
person
if
the
person
is
allowed
to
remain
at
liberty
14
without
treatment.
15
e.
“Minor”
means
a
person
under
eighteen
years
of
age.
16
2.
A
person
who
commits
capital
murder,
who
is
eligible
17
for
the
death
penalty,
who
is
not
intellectually
disabled
or
18
mentally
ill,
and
who
is
age
eighteen
or
older
at
the
time
of
19
the
capital
murder,
shall
be
subject
to
a
sentence
of
death
20
under
section
902.1A.
21
Sec.
10.
NEW
SECTION
.
902.16
Data
collection
for
capital
22
murder
——
death
penalty.
23
1.
The
supreme
court
shall
collect
data
on
all
capital
24
murder
charges
in
which
the
death
penalty
is
or
was
not
waived
25
which
are
filed
and
processed
in
the
courts
in
this
state.
26
This
data
may
be
used
by
the
supreme
court
to
determine
whether
27
death
sentences
imposed
are
excessive
or
disproportionate,
or
28
under
the
influence
of
prejudice
under
section
814.28.
The
29
court
shall
make
this
data
available
to
litigants
in
death
30
penalty
cases.
31
2.
Data
collected
by
public
officials
concerning
factors
32
relevant
to
the
imposition
of
the
death
sentence
shall
be
made
33
publicly
available.
34
Sec.
11.
NEW
SECTION
.
903C.1
Executions
——
refusal
to
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perform.
1
An
employee
of
the
state
who
may
lawfully
perform,
assist,
or
2
participate
in
the
execution
of
a
person
pursuant
to
section
3
902.1A,
and
rules
adopted
by
the
department
of
corrections,
4
shall
not
be
required
to
perform,
assist,
or
participate
in
5
the
execution.
State
employees
who
refuse
to
perform,
assist,
6
or
participate
in
the
execution
of
a
person
shall
not
be
7
discriminated
against
in
any
way,
including
but
not
limited
8
to
employment,
promotion,
advancement,
transfer,
licensing,
9
education,
training,
or
the
granting
of
any
privileges
or
10
appointments
because
of
the
refusal
to
perform,
assist,
or
11
participate
in
the
execution.
12
Sec.
12.
Section
904.105,
Code
2023,
is
amended
by
adding
13
the
following
new
subsection:
14
NEW
SUBSECTION
.
9A.
Adopt
rules
pursuant
to
chapter
17A
15
pertaining
to
executions
of
persons
convicted
of
capital
murder
16
under
section
902.15.
Rules
adopted
shall
include
but
are
not
17
limited
to
rules
permitting
the
witnessing
of
executions
by
18
members
of
the
public
and
the
victim’s
family.
Invitations
19
to
witness
an
execution
shall
at
least
be
extended
to
the
20
following
representatives
of
the
news
media:
21
a.
A
representative
from
a
wire
service
serving
Iowa.
22
b.
A
representative
from
a
broadcasting
network
serving
23
Iowa.
24
c.
A
representative
from
a
television
station
located
in
25
Iowa.
26
d.
A
representative
from
a
radio
station
located
in
Iowa.
27
e.
A
representative
from
a
daily
newspaper
published
in
28
Iowa.
29
f.
A
representative
from
a
weekly
newspaper
published
in
30
Iowa.
31
g.
A
representative
from
the
news
media
from
the
community
32
in
which
the
condemned
person
resided,
if
that
community
is
33
located
in
Iowa.
34
Sec.
13.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
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3,
shall
not
apply
to
this
Act.
1
Sec.
14.
SEVERABILITY.
If
any
provision
of
this
Act
or
the
2
application
thereof
to
any
person
is
invalid,
the
invalidity
3
shall
not
affect
the
provisions
or
application
of
this
Act
4
which
can
be
given
effect
without
the
invalid
provisions
or
5
application
and
to
this
end,
the
provisions
of
this
Act
are
6
severable.
7
Sec.
15.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
8
2024.
9
Sec.
16.
APPLICABILITY.
This
Act
applies
to
offenses
10
committed
on
or
after
the
effective
date
of
this
Act.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
amends
the
Iowa
criminal
code
to
provide
for
15
punishment
by
death
for
capital
murder
committed
by
a
person
16
age
18
or
older
if
the
trial
jury,
or
the
judge
if
there
17
is
no
jury,
makes
specific
findings
and
whether
the
jury
18
believes
the
defendant
should
be
put
to
death
in
a
separate
19
penalty
proceeding
held
after
the
close
of
the
initial
trial
20
proceeding.
21
Under
the
bill,
a
death
penalty
sentence
could
be
imposed
22
if
the
person
is
convicted
of
the
multiple
offenses
of
murder
23
in
the
first
degree,
kidnapping
in
the
first,
second,
or
third
24
degree,
and
sexual
abuse
in
the
first,
second,
or
third
degree
25
with
respect
to
the
same
victim,
and
the
victim
is
a
minor.
26
The
bill
provides
that
in
order
to
receive
a
sentence
of
27
death,
the
defendant
must
be
at
least
18
years
of
age
at
the
28
time
the
murder
in
the
first
degree
was
committed,
must
not
be
29
mentally
ill
or
intellectually
disabled,
and
must
have
been
a
30
major
participant
in
the
commission
of
the
crime
or
must
have
31
shown
a
manifest
indifference
to
human
life.
32
If
a
person
is
indigent
and
is
charged
with
capital
murder,
33
payment
of
costs
for
two
attorneys
is
authorized.
The
supreme
34
court
is
required
to
establish
standards
for
the
competency
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of
counsel
in
death
penalty
cases.
The
state
public
defender
1
is
charged
with
establishing
teams
of
qualified
lead
and
2
co-counsel
for
death
penalty
cases,
as
well
as
conducting
3
or
sponsoring
specialized
training
programs
for
attorneys
4
representing
persons
who
may
be
executed.
5
If
a
capital
murder
case
proceeds
to
trial
and
a
notice
of
6
intent
to
seek
the
death
penalty
has
been
filed,
in
addition
to
7
any
other
defenses
which
may
be
presented
to
the
charge,
the
8
defendant
may
raise
the
issue
of
intellectual
disability
or
9
mental
illness
during
the
time
of
filing
pretrial
motions.
10
Once
the
evidence
is
submitted
to
the
jury,
the
court
11
will
instruct
the
jury,
at
the
defendant’s
request,
that
in
12
considering
whether
a
sentence
of
death
is
justified,
the
13
race,
color,
religious
beliefs,
national
origin,
sex,
or
other
14
protected
classes
under
Code
chapter
216
of
the
defendant
or
15
of
any
victim
is
not
to
be
considered.
The
supreme
court
16
shall
collect
evidence
relating
to
whether
the
death
sentences
17
imposed
are
excessive,
disproportionate,
or
imposed
under
the
18
influence
of
prejudice
at
trial
which
will
be
available
to
19
litigants.
20
The
sentence
of
death
is
imposed
only
when
the
trier
of
fact
21
(the
jury
or
the
court
if
the
defendant
has
waived
the
right
to
22
a
jury
trial)
unanimously
answers
two
questions
affirmatively:
23
(1)
whether
aggravating
circumstances
established
beyond
a
24
reasonable
doubt
outweigh
any
mitigating
circumstances
that
25
may
exist;
and
(2)
whether
the
defendant
should
be
sentenced
26
to
death.
Mitigating
factors
the
trier
of
fact
may
consider
27
include
the
following:
whether
the
defendant
was
under
the
28
influence
of
a
mental
illness;
the
age
of
the
defendant;
29
the
defendant’s
ability
to
appreciate
the
wrongfulness
of
30
the
conduct
due
to
a
mental
illness
but
not
to
a
degree
to
31
constitute
a
defense;
the
defendant
has
no
significant
prior
32
criminal
history;
the
defendant
was
under
extreme
duress;
33
the
defendant
did
not
directly
commit
the
murder;
and
the
34
defendant’s
character
or
record
or
the
circumstances
of
the
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offense.
The
sentencing
proceeding
is
conducted
separately
1
from
the
finding
of
guilt
or
innocence
by
the
same
trier
of
2
fact.
3
For
the
sentencing
proceeding,
the
trier
of
fact
(the
jury
4
or
the
court
if
the
defendant
has
waived
the
right
to
have
5
the
jury
hear
the
proceedings)
is
to
weigh
any
aggravating
6
circumstances
established
beyond
a
reasonable
doubt
by
the
7
state
against
any
of
the
enumerated
mitigating
circumstances
8
which
may
be
presented
by
the
defendant.
Evidence
of
certain
9
juvenile
delinquency
adjudications
is
not
admissible
in
any
10
proceeding
to
determine
the
sentence.
If
the
jury
fails
to
11
agree
unanimously
on
the
required
affirmative
findings,
the
12
penalty
imposed
would
be
life
imprisonment.
13
The
death
penalty
sentence
would
be
reviewed
automatically
14
by
the
supreme
court.
The
supreme
court
shall
review
the
trial
15
and
judgment
separately
from
the
sentencing
proceeding.
If
the
16
supreme
court
finds
error
in
the
sentencing
proceeding,
the
17
supreme
court
may
remand
the
case
back
to
district
court
for
a
18
new
sentencing
hearing.
The
bill
requires
the
supreme
court
to
19
examine
whether
the
sentence
is
excessive
or
disproportionate
20
to
penalties
in
similar
cases.
If
affirmed
by
the
supreme
21
court,
the
penalty
would
be
accomplished
by
lethal
injection.
22
The
bill
requires
the
board
of
corrections
to
adopt
rules
23
pertaining
to
executions,
including
rules
pertaining
to
the
24
witnessing
of
executions.
25
A
person
who
is
sentenced
to
death,
but
who
is
pregnant
when
26
the
warrant
of
execution
is
issued,
is
not
to
be
executed
until
27
the
person
is
no
longer
pregnant.
A
procedure
is
also
provided
28
to
stay
execution
of
a
condemned
inmate
who
becomes
mentally
29
ill
after
conviction
but
before
execution.
30
An
employee
of
the
state
shall
not
be
required
to
perform
or
31
assist
in
any
execution
and
shall
not
be
discriminated
against
32
for
refusing
to
participate.
33
The
bill
may
include
a
state
mandate
as
defined
in
Code
34
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
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subsection
3,
which
would
relieve
a
political
subdivision
from
1
complying
with
a
state
mandate
if
funding
for
the
cost
of
2
the
state
mandate
is
not
provided
or
specified.
Therefore,
3
political
subdivisions
are
required
to
comply
with
any
state
4
mandate
included
in
the
bill.
5
The
bill
contains
severability
provisions
and
takes
effect
6
January
1,
2024,
and
applies
only
to
offenses
committed
on
or
7
after
that
date.
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