Senate File 239 - Introduced
SENATE FILE
BY BEHN, CHELGREN,
GARRETT, KAPUCIAN,
GUTH, CHAPMAN,
FEENSTRA, ZAUN, and
ROZENBOOM
A BILL FOR
1 An Act creating the penalty of death for the commission of the
2 multiple offense of murder in the first degree, kidnapping,
3 and sexual abuse against the same minor, providing a
4 penalty, and including effective date and applicability
5 provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 13B.4, Code 2015, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6A. The state public defender shall perform
1 4 all of the following duties with respect to the appointment of
1 5 counsel for indigent persons in cases in which a sentence of
1 6 death may be or is to be imposed:
1 7 a. Provide or contract with attorneys for appointment as
1 8 lead counsel and cocounsel to provide legal services in cases
1 9 where a person is charged with the multiple offense of murder
1 10 in the first degree, kidnapping, and sexual abuse under section
1 11 902.15, and the state has given notice of intent to seek the
1 12 death penalty or in cases in which a sentence of death is to be
1 13 imposed.
1 14 b. Conduct or sponsor specialized training programs for
1 15 attorneys representing persons who may be executed.
1 16 Sec. 2. NEW SECTION. 602.10112 Qualifications of counsel
1 17 in death penalty cases.
1 18 The supreme court shall prescribe rules which establish
1 19 minimum standards and procedures by which attorneys may become
1 20 qualified to provide legal services as lead counsel in cases in
1 21 which a sentence of death may be or is to be imposed.
1 22 Sec. 3. NEW SECTION. 812A.1 Procedure to determine sanity
1 23 of condemned inmate.
1 24 1. At any time prior to execution of an inmate under section
1 25 902.1, if the director of the department of corrections or
1 26 the counsel for a person who is under a sentence of execution
1 27 has cause to believe that the inmate is suffering from such
1 28 a diseased or deranged condition of the mind as to prevent
1 29 the defendant from knowing the nature and quality of the act
1 30 the defendant has been convicted of, or from understanding
1 31 that trial on the offense has taken place and that execution
1 32 proceedings are about to take place, or to otherwise cause the
1 33 defendant to lack the capacity to understand the sentence which
1 34 has been imposed and to participate in any legal proceedings
1 35 relating to the sentence, the director or counsel may file a
2 1 request with the court that issued the warrant for execution
2 2 for a determination of the inmate's sanity. If the court
2 3 determines that there is not sufficient reason to believe
2 4 that the inmate is insane, the court shall enter an order
2 5 denying the request and shall state the grounds for denying the
2 6 request. If the court believes that there is sufficient reason
2 7 to believe that the inmate is insane, the court shall suspend
2 8 the execution and conduct a hearing to determine the sanity of
2 9 the inmate.
2 10 2. At the hearing, the court shall determine the issue of
2 11 the inmate's sanity. Prior to the hearing, the court shall
2 12 appoint two licensed physicians or licensed psychologists, or
2 13 one licensed physician and one licensed psychologist, who are
2 14 qualified by training and practice, for purposes of conducting
2 15 a psychiatric or psychological examination of the inmate. The
2 16 physicians or psychologists shall examine the inmate and report
2 17 any findings in writing to the court within ten days after
2 18 the order of examination is issued. The inmate shall have
2 19 the right to present evidence and cross=examine any witnesses
2 20 at the hearing. Any statement made by the inmate during the
2 21 course of any examination provided for in this section, whether
2 22 or not the inmate consents to the examination, shall not be
2 23 admitted into evidence against the inmate in any criminal
2 24 proceeding for purposes other than a determination of the
2 25 inmate's sanity.
2 26 3. If, at the conclusion of a hearing held pursuant to
2 27 this section, the court determines that the inmate is sane,
2 28 the court shall enter an order setting a date for the inmate's
2 29 execution, which shall be carried into effect in the same
2 30 manner as provided in the original sentence. A copy of the
2 31 order shall be sent to the director of the department of
2 32 corrections and the governor.
2 33 4. If, at the conclusion of a hearing held pursuant to this
2 34 section, the court determines that the inmate is insane, the
2 35 court shall suspend the execution until further order. At any
3 1 time after issuance of the order, if the court has sufficient
3 2 reason to believe that the inmate has become sane, the court
3 3 shall again determine the sanity of the inmate as provided
3 4 by this section. Proceedings pursuant to this section may
3 5 continue to be held at such times as the court orders until
3 6 it is either determined that the inmate is sane or incurably
3 7 insane.
3 8 Sec. 4. NEW SECTION. 814.28 Review of death sentence.
3 9 1. In a case in which a sentence of death is imposed, the
3 10 supreme court shall automatically review the judgment and
3 11 sentence. The court's review of the case shall be de novo. The
3 12 case shall not be transferred to the court of appeals.
3 13 2. A review by the supreme court of a judgment and sentence
3 14 imposing the punishment of death has priority over all other
3 15 criminal and other actions pending before the supreme court.
3 16 3. The supreme court shall review the trial and judgment,
3 17 and shall separately review the sentencing proceeding. Upon
3 18 determining that errors did not occur at the trial requiring
3 19 reversal or modification of the judgment, the supreme court
3 20 shall proceed to determine if the sentence of death is lawfully
3 21 imposed. In its review of the sentencing proceeding the
3 22 supreme court shall determine all of the following:
3 23 a. Whether the sentence of death was imposed capriciously or
3 24 under the influence of prejudice or other arbitrary factor.
3 25 b. Whether the special verdicts returned under section
3 26 901.11 are supported by the evidence.
3 27 c. Whether the sentence of death is excessive or
3 28 disproportionate to the penalty imposed in similar cases,
3 29 considering both the crime and the defendant.
3 30 4. If the supreme court determines that the sentence of
3 31 death was not lawfully imposed, the supreme court shall set
3 32 aside the sentence and shall remand the case to the trial
3 33 court for a second sentencing proceeding to determine if the
3 34 imposition of death is warranted.
3 35 5. If the supreme court affirms the judgment and sentence
4 1 of death, the clerk of the supreme court shall certify the
4 2 judgment of the supreme court under the seal of the supreme
4 3 court to the clerk of the trial court.
4 4 Sec. 5. Section 815.10, Code 2015, is amended by adding the
4 5 following new subsection:
4 6 NEW SUBSECTION. 1A. If two attorneys have not already
4 7 been appointed pursuant to section 13B.4 or 13B.9, the court
4 8 shall appoint, for each indigent person who is charged with
4 9 the multiple offense of murder, kidnapping, and sexual abuse
4 10 under section 902.15, and in which a notice of intent to
4 11 seek the death penalty has been filed, two attorneys who are
4 12 qualified under section 602.10112 to represent the person in
4 13 the proceedings and in all state legal proceedings which take
4 14 place from the time the person is indicted or arraigned until
4 15 the person is sentenced on the charge. In addition, if at
4 16 any point in federal postconviction proceedings an indigent
4 17 person is not afforded court=appointed counsel, the state shall
4 18 provide counsel to the person to present any claims determined
4 19 meritorious by the federal court if the person is not otherwise
4 20 represented by legal counsel. Only private attorneys and
4 21 public defenders who are qualified to provide representation in
4 22 cases in which the death penalty may be imposed are eligible
4 23 for appointment or assignment to a case in which the death
4 24 penalty may be imposed.
4 25 Sec. 6. NEW SECTION. 901.11 Murder proceedings ==== request
4 26 for death penalty ==== penalty proceedings.
4 27 1. If a notice of intent to seek the death penalty has
4 28 been filed, objections to the imposition of the death penalty
4 29 based upon allegations that a defendant was intellectually
4 30 disabled or mentally ill at the time of the commission of
4 31 the offense shall be raised within the time provided for the
4 32 filing of pretrial motions under rule of criminal procedure
4 33 2.11, Iowa court rules. The court may, for good cause shown,
4 34 allow late filing of the motion. Hearing on the motion shall
4 35 be held prior to trial and the burden of proof shall be on the
5 1 defendant to prove intellectual disability or mental illness
5 2 by a preponderance of the evidence. However, a rebuttable
5 3 presumption of intellectual disability arises if a defendant
5 4 has an intelligence quotient of seventy or below. If the
5 5 court finds that the defendant is intellectually disabled, the
5 6 defendant, if convicted of the multiple offense of murder,
5 7 kidnapping, and sexual abuse under section 902.15, shall not be
5 8 sentenced to death but shall be sentenced to life imprisonment
5 9 in the manner provided in section 902.1, subsection 1. A
5 10 finding by the court that the evidence presented by the
5 11 defendant at the hearing does not preclude the imposition of
5 12 the death penalty under this section and section 902.15 shall
5 13 not preclude the introduction of evidence of intellectual
5 14 disability or mental illness during the penalty proceeding.
5 15 If the court finds that evidence of intellectual disability
5 16 or mental illness does not preclude imposition of the death
5 17 penalty, evidence of intellectual disability or mental illness
5 18 may be reviewed by the jury in the penalty proceeding and
5 19 the jury shall not be informed of the finding in the initial
5 20 proceeding at any time during the penalty proceeding.
5 21 2. If at the trial on a charge of the multiple offense of
5 22 murder, kidnapping, and sexual abuse under section 902.15, the
5 23 state intends to request that the death penalty be imposed
5 24 under section 902.1, subsection 3, the prosecutor shall file a
5 25 notice of intent to seek the death penalty, at the time of and
5 26 as part of the information or indictment filed in the case.
5 27 3. If a notice of intent to seek the death penalty has been
5 28 filed, the trial shall be conducted in bifurcated proceedings
5 29 before the same trier of fact. During the initial proceeding,
5 30 the jury, or the court if the defendant waives the right to a
5 31 jury trial, shall decide only whether the defendant is guilty
5 32 or not guilty of the multiple offense of murder, kidnapping,
5 33 and sexual abuse under section 902.15.
5 34 a. If, in the initial proceeding, the court or jury finds
5 35 the defendant guilty of, or the defendant pleads guilty to, an
6 1 offense other than the multiple offense of murder, kidnapping,
6 2 and sexual abuse under section 902.15, the court shall sentence
6 3 the defendant in accordance with the sentencing procedures set
6 4 forth in rule of criminal procedure 2.23, Iowa court rules, and
6 5 chapters 901 through 909, which are applicable to the offense.
6 6 b. If the court or jury finds the defendant guilty of,
6 7 or the defendant pleads guilty to, the multiple offense of
6 8 murder, kidnapping, and sexual abuse under section 902.15, but
6 9 the prosecuting attorney waives the death penalty, the court
6 10 shall sentence the defendant to life imprisonment in accordance
6 11 with the sentencing procedures set forth in rule of criminal
6 12 procedure 2.23, Iowa court rules, and chapters 901 through 909,
6 13 which are otherwise applicable to convictions of murder in the
6 14 first degree, kidnapping, and sexual abuse.
6 15 c. If the court or jury finds the defendant guilty of the
6 16 multiple offense of murder, kidnapping, and sexual abuse under
6 17 section 902.15, or a defendant enters a plea of guilty in the
6 18 initial proceeding, and the prosecuting attorney does not waive
6 19 imposition of the death penalty, a penalty proceeding shall be
6 20 held in the manner provided in subsections 4 through 12.
6 21 4. No sooner than twenty=four hours after a verdict of
6 22 guilty or a plea of guilty to the multiple offense of murder,
6 23 kidnapping, and sexual abuse under section 902.15 is returned
6 24 in the initial proceeding, a penalty proceeding shall be held
6 25 to determine whether the defendant shall be sentenced to death
6 26 or to life imprisonment. The proceeding shall be conducted
6 27 in the trial court before the trial jury, or the court if the
6 28 defendant has waived the right to a jury trial or has waived
6 29 the right for the proceeding to be before the trial jury. Both
6 30 the state and the defendant shall have the right to present
6 31 opening statements at the commencement of the proceeding. In
6 32 the proceeding, evidence relevant to the existence of any
6 33 aggravating or mitigating circumstances may be presented as
6 34 follows:
6 35 a. The state or the defendant may present evidence relevant
7 1 to the conviction of the multiple offense enumerated in section
7 2 902.15 and any aggravating circumstances other than juvenile
7 3 delinquency adjudications for offenses which carry penalties
7 4 equivalent to the penalties imposed for simple or serious
7 5 misdemeanors. The state may introduce evidence of the actual
7 6 harm caused by the commission of the multiple offense of
7 7 murder, kidnapping, and sexual abuse under section 902.15,
7 8 including but not limited to evidence relating to the life of
7 9 the victim and the impact of the loss of the victim to the
7 10 victim's family and society.
7 11 b. The defendant may present evidence that the defendant
7 12 was intellectually disabled at the time of the commission of
7 13 the offense. The burden of proof shall be on the defendant
7 14 to prove intellectual disability by a preponderance of the
7 15 evidence. However, a rebuttable presumption of intellectual
7 16 disability arises if a defendant has an intelligence quotient
7 17 of seventy or below.
7 18 c. The state or the defendant may present evidence relevant
7 19 to any mitigating circumstances which may exist. Mitigating
7 20 circumstances may include the following circumstances:
7 21 (1) The defendant was under the influence of an extreme
7 22 mental or emotional disturbance insufficient to constitute a
7 23 defense.
7 24 (2) The age of the defendant at the time of the offense.
7 25 (3) The defendant's capacity to appreciate the wrongfulness
7 26 of the defendant's conduct and to conform that conduct to the
7 27 requirements of law was significantly impaired as a result of a
7 28 mental disease or defect or intellectual disability, but not to
7 29 a degree sufficient to constitute a defense.
7 30 (4) The defendant has no significant history of prior adult
7 31 criminal activity.
7 32 (5) The defendant acted under extreme duress or under the
7 33 substantial domination of another person.
7 34 (6) The defendant did not directly commit the multiple
7 35 offense of murder, kidnapping, and sexual abuse and the
8 1 defendant did not intend to kill or anticipate that lethal
8 2 force would be used.
8 3 (7) Any other factor which is relevant to the defendant's
8 4 character or record or to the circumstances of the offense.
8 5 d. The state and the defendant or the defendant's counsel
8 6 shall be permitted to present and cross=examine witnesses and
8 7 present arguments for or against a sentence of death. Evidence
8 8 regarding aggravating and mitigating circumstances shall not
8 9 be governed by the rules governing admissibility of evidence,
8 10 except that introduction of evidence secured in violation of
8 11 the Constitution of the United States or of the Constitution of
8 12 the State of Iowa shall not be permitted.
8 13 5. At the conclusion of presentation of evidence in
8 14 the penalty proceeding, the state and the defendant or the
8 15 defendant's counsel shall be permitted to make closing
8 16 arguments, including any rebuttal arguments, in the same manner
8 17 as in the initial proceeding and the following issues shall be
8 18 determined by the jury or the court if there is no jury:
8 19 a. Whether the aggravating circumstance or circumstances
8 20 have been established beyond a reasonable doubt and outweigh
8 21 any one or more mitigating circumstances.
8 22 b. Whether the defendant shall be sentenced to death.
8 23 6. A recommendation for a sentence of death shall not be
8 24 permitted if the recommendation is based on the race, color,
8 25 religious beliefs, national origin, or sex of the defendant
8 26 or of any victim, or based on any other protected class under
8 27 chapter 216. After submission of the issues, but prior to the
8 28 return of a finding in the penalty proceeding, if the matter is
8 29 tried before a jury, the court shall instruct the jury that in
8 30 considering whether a sentence of death is justified, it shall
8 31 not consider race, color, religious beliefs, national origin,
8 32 or sex of the defendant or of any victim, or consider any other
8 33 protected class under chapter 216. The court shall further
8 34 instruct the jury that it shall not return a sentence of death
8 35 unless it concludes that such a sentence would be recommended
9 1 no matter what the race, color, religious beliefs, national
9 2 origin, sex, or other protected class of the defendant or of
9 3 any victim may be.
9 4 7. After submission of the issues, but prior to the
9 5 commencement of the jury deliberations in the penalty
9 6 proceeding, the court shall instruct the jury that if the
9 7 defendant is not sentenced to death, the court is required by
9 8 law to impose a sentence of imprisonment until death without
9 9 parole. The court shall further instruct the jury that
9 10 the sentence of imprisonment until death without parole is
9 11 required by law if the jury fails to reach a unanimous verdict
9 12 recommending a sentence of death.
9 13 8. Concurrently with the return of the findings on the
9 14 issues submitted under subsection 5, the jury, or the court if
9 15 there is no jury, shall return special verdicts as follows:
9 16 a. Which aggravating circumstances were established beyond a
9 17 reasonable doubt and were considered in reaching the verdict.
9 18 b. Which mitigating circumstances were established and
9 19 were considered in reaching the verdict returned on the issue
9 20 specified in subsection 5, paragraph "a".
9 21 9. If the jury, or the court if there is no jury, returns a
9 22 unanimous affirmative finding on each of the issues submitted
9 23 under subsection 5, paragraphs "a" and "b", the court shall
9 24 enter a judgment of conviction and shall sentence the defendant
9 25 to death as provided in section 902.1, subsection 3.
9 26 10. However, if evidence that the defendant was not a
9 27 major participant in the commission of the multiple offense
9 28 of murder, kidnapping, and sexual abuse under section 902.15,
9 29 and that the defendant's conduct did not manifest a reckless
9 30 indifference to human life is presented to the jury, or the
9 31 court if there is no jury, the jury or the court shall also
9 32 return a special verdict on the issue. If the jury unanimously
9 33 determines, or the court if there is no jury, finds that a
9 34 preponderance of evidence exists that shows that the defendant
9 35 was not a major participant in the commission of the multiple
10 1 offense of murder, kidnapping, and sexual abuse under section
10 2 902.15, and that the defendant's conduct did not manifest a
10 3 reckless indifference to human life, the court shall enter a
10 4 judgment of conviction and shall sentence the defendant to life
10 5 imprisonment as provided in section 902.1, subsection 1, even
10 6 if the jury or the court returns unanimous affirmative findings
10 7 on each of the issues submitted under subsection 5.
10 8 11. If the jury, or the court if there is no jury, returns
10 9 a negative finding on any of the issues submitted under
10 10 subsection 5, paragraphs "a" or "b", the court shall enter a
10 11 judgment of conviction and shall sentence the defendant to life
10 12 imprisonment as provided in section 902.1, subsection 1.
10 13 12. After a verdict has been rendered it shall be recorded
10 14 on the jury verdict form and shall be read and recorded in open
10 15 court. The jurors shall be collectively asked by the court
10 16 whether the verdict returned is their true and correct verdict.
10 17 Even though no juror makes any declaration to the contrary, the
10 18 jury shall, if either party so requests, be polled and each
10 19 juror shall be separately asked whether the verdict rendered by
10 20 the jury foreperson is the juror's true and correct verdict.
10 21 If, upon either the collective or the separate inquiry, any
10 22 juror denies that the verdict is the juror's verdict, the court
10 23 shall refuse to accept the verdict. The court may direct
10 24 inquiry or permit inquiry by counsel to ascertain whether any
10 25 juror has been subjected to coercion or has become confused
10 26 during the jury deliberation process. The court may, as
10 27 appropriate, direct the jury to resume deliberation in the
10 28 case. If no disagreement on the verdict is expressed by any of
10 29 the jurors, the court shall discharge the jury.
10 30 Sec. 7. Section 902.1, subsection 1, Code 2015, is amended
10 31 to read as follows:
10 32 1. Upon Except as otherwise provided in subsection 2 or
10 33 3, upon a plea of guilty, a verdict of guilty, or a special
10 34 verdict upon which a judgment of conviction of a class "A"
10 35 felony may be rendered, the court shall enter a judgment of
11 1 conviction and shall commit the defendant into the custody of
11 2 the director of the Iowa department of corrections for the
11 3 rest of the defendant's life. Nothing in the Iowa corrections
11 4 code pertaining to deferred judgment, deferred sentence,
11 5 suspended sentence, or reconsideration of sentence applies
11 6 to a sentence of life imprisonment for a class "A" felony,
11 7 and a person convicted of a class "A" felony and sentenced to
11 8 life imprisonment shall not be released on parole unless the
11 9 governor commutes the sentence to a term of years.
11 10 Sec. 8. Section 902.1, Code 2015, is amended by adding the
11 11 following new subsection:
11 12 NEW SUBSECTION. 3. Notwithstanding subsection 1, upon
11 13 return of a plea or verdict of guilty to the multiple offense
11 14 of murder in the first degree, kidnapping, and sexual abuse
11 15 under section 902.15, and a return of a verdict in favor of
11 16 a sentence of death in a penalty proceeding conducted as
11 17 provided in section 901.11, the court shall enter a judgment
11 18 of conviction and shall commit the defendant into the custody
11 19 of the director of the Iowa department of corrections. The
11 20 sentence shall be carried out by the administration of a
11 21 lethal injection pursuant to rules adopted by the board of
11 22 corrections. If a defendant, for whom a warrant of execution
11 23 is issued, is pregnant, the execution shall not take place
11 24 until after the defendant is no longer pregnant. If a
11 25 defendant, for whom a warrant of execution is issued, is
11 26 suffering from such a diseased or deranged condition of the
11 27 mind as to prevent the defendant from knowing the nature
11 28 and quality of the act the defendant has been convicted
11 29 of, or from understanding that trial on the offense has
11 30 taken place and that execution proceedings are about to take
11 31 place, or otherwise causes the defendant to lack the capacity
11 32 to understand the sentence which has been imposed and to
11 33 participate in any legal proceedings relating to the sentence,
11 34 the execution shall not take place until after the defendant's
11 35 capacity is restored. If the director of the department of
12 1 corrections or the defendant's counsel files a request with the
12 2 court which issued the warrant of execution, alleging that the
12 3 defendant suffers from such a diseased or deranged condition,
12 4 a hearing on the matter shall be held in the manner provided
12 5 in section 812A.1. For the purposes of this section, "lethal
12 6 injection" means a continuous intravenous injection of a lethal
12 7 substance sufficient to cause death.
12 8 Sec. 9. NEW SECTION. 902.15 Commission of the multiple
12 9 offense of first degree murder, kidnapping, and sexual abuse.
12 10 A person who commits the multiple offense of murder in the
12 11 first degree, kidnapping, and sexual abuse with respect to the
12 12 same victim, who is not intellectually disabled or mentally
12 13 ill, and who is age eighteen or older at the time the offense
12 14 is committed, shall be eligible for a sentence of death under
12 15 section 902.1, subsection 3, if the victim was a minor.
12 16 For purposes of this section, "intellectually disabled"
12 17 means significant subaverage general intellectual functioning
12 18 accompanied by significant deficits or impairments in adaptive
12 19 functioning manifested in the developmental period, but no
12 20 later than the age of eighteen years, and accompanied by
12 21 deficits in adaptive behavior.
12 22 For purposes of this section, "mentally ill" means the
12 23 condition of a person who is suffering from a chronic and
12 24 persistent serious mental disease or disorder and who, by
12 25 reason of that condition, lacks sufficient judgment to make
12 26 responsible decisions regarding treatment and is reasonably
12 27 likely to injure the person's self or others who may come into
12 28 contact with the person if the person is allowed to remain at
12 29 liberty without treatment.
12 30 Sec. 10. NEW SECTION. 902.16 Data collection for death
12 31 penalty.
12 32 1. The supreme court shall collect data on all multiple
12 33 offenses of murder, kidnapping, and sexual abuse charges in
12 34 which the death penalty is or was not waived, which are filed
12 35 and processed in the courts in this state. This data may be
13 1 used by the supreme court to determine whether death sentences
13 2 imposed are excessive or disproportionate, or under the
13 3 influence of prejudice under section 814.28. The court shall
13 4 make this data available to litigants in death penalty cases.
13 5 2. Data collected by public officials concerning factors
13 6 relevant to the imposition of the death sentence shall be made
13 7 publicly available.
13 8 Sec. 11. NEW SECTION. 903C.1 Executions ==== refusal to
13 9 perform.
13 10 An employee of the state who may lawfully perform, assist, or
13 11 participate in the execution of a person pursuant to section
13 12 902.1, and rules adopted by the department of corrections,
13 13 shall not be required to perform, assist, or participate in
13 14 the execution. State employees who refuse to perform, assist,
13 15 or participate in the execution of a person shall not be
13 16 discriminated against in any way, including but not limited
13 17 to employment, promotion, advancement, transfer, licensing,
13 18 education, training, or the granting of any privileges or
13 19 appointments because of the refusal to perform, assist, or
13 20 participate in the execution.
13 21 Sec. 12. Section 904.105, Code 2015, is amended by adding
13 22 the following new subsection:
13 23 NEW SUBSECTION. 9A. Adopt rules pursuant to chapter 17A
13 24 pertaining to executions of persons convicted of the multiple
13 25 offense of murder, kidnapping, and sexual abuse under section
13 26 902.15. Rules adopted shall include but are not limited to
13 27 rules permitting the witnessing of executions by members of
13 28 the public and the victim's family. Invitations to witness
13 29 an execution shall at least be extended to the following
13 30 representatives of the news media:
13 31 a. A representative from a wire service serving Iowa.
13 32 b. A representative from a broadcasting network serving
13 33 Iowa.
13 34 c. A representative from a television station located in
13 35 Iowa.
14 1 d. A representative from a radio station located in Iowa.
14 2 e. A representative from a daily newspaper published in
14 3 Iowa.
14 4 f. A representative from a weekly newspaper published in
14 5 Iowa.
14 6 g. A representative from the news media from the community
14 7 in which the condemned person resided, if that community is
14 8 located in Iowa.
14 9 Sec. 13.
14 10 Rules of criminal procedure, Iowa court rules, are amended
14 11 by adding the following four sections of this Act.
14 12 Sec. 14. 2.___ DEATH PENALTY == PROCEDURE.
14 13 2.___(1) If a notice of intent to seek the death penalty has
14 14 been filed, objections to the imposition of the death penalty
14 15 based upon allegations that a defendant was intellectually
14 16 disabled at the time of the commission of the multiple offense
14 17 shall be raised within the time provided for the filing of
14 18 pretrial motions under R.Cr.P. 2.11, Iowa court rules. The
14 19 court may, for good cause shown, allow late filing of the
14 20 motion. Hearing on the motion shall be held prior to trial
14 21 and the burden of proof shall be on the defendant to prove
14 22 intellectual disability by a preponderance of the evidence.
14 23 However, a rebuttable presumption of intellectual disability
14 24 arises if a defendant has an intelligence quotient of seventy
14 25 or below. A finding of the court that the evidence presented
14 26 by the defendant at the hearing does not preclude the
14 27 imposition of the death penalty under this rule and Iowa Code
14 28 section 902.15 shall not preclude the introduction of evidence
14 29 of intellectual disability during the penalty proceeding. If
14 30 the court finds that the evidence presented by the defendant
14 31 does not preclude the imposition of the death penalty, evidence
14 32 of intellectual disability may be reviewed by the jury during
14 33 the penalty proceeding and the jury shall not be informed of
14 34 the finding in the initial proceeding at any time during the
14 35 penalty proceeding.
15 1 2.___(2) Upon a finding or plea that a defendant is guilty
15 2 of the multiple offense of murder, kidnapping, and sexual abuse
15 3 under Iowa Code section 902.15, in an initial proceeding, if
15 4 a notice of intent to seek the death penalty has been filed
15 5 and has not been waived, the court shall conduct a separate
15 6 penalty proceeding to determine whether the defendant shall
15 7 be sentenced to death or to life imprisonment. The penalty
15 8 proceeding shall be conducted in the trial court before the
15 9 trial jury, or the court if there is no jury, no sooner than
15 10 twenty=four hours after the return of the verdict or plea in
15 11 the initial proceeding. In the penalty proceeding, additional
15 12 evidence may be presented as to the conviction for the multiple
15 13 offense of murder, kidnapping, and sexual abuse under section
15 14 902.15, or any aggravating or mitigating circumstance which
15 15 may exist. Presentation of evidence which is relevant to
15 16 the existence of an aggravating or mitigating circumstance
15 17 shall not be bound by the rules of evidence. This subrule
15 18 does not authorize the introduction of any evidence secured in
15 19 violation of the Constitution of the United States or of the
15 20 Constitution of the State of Iowa. The state and the defendant
15 21 or the defendant's counsel shall be permitted to cross=examine
15 22 witnesses and to present arguments for or against a sentence of
15 23 death.
15 24 2.___(3) On conclusion of the presentation of the evidence
15 25 in the penalty proceeding, the state and the defendant or
15 26 the defendant's counsel shall be permitted to make closing
15 27 arguments, including any rebuttal arguments, in the same manner
15 28 as in the initial proceeding and the court shall submit each of
15 29 the following issues to the jury:
15 30 a. Whether one or more aggravating circumstances outweigh
15 31 any one or more mitigating circumstances.
15 32 b. Whether the defendant shall be sentenced to death.
15 33 If the case is not tried to a jury, the court shall determine
15 34 the issues.
15 35 2.___(4) The state must prove the issue in rule 2.___(3)(a)
16 1 beyond a reasonable doubt, and the jury, or the court if there
16 2 is no jury, shall return a special verdict of "yes" or "no" on
16 3 each issue.
16 4 2.___(5) If the case is tried to a jury, the court shall
16 5 charge the jury that:
16 6 a. It shall answer any issue "yes" if it agrees unanimously.
16 7 b. It shall answer any issue "no" if the jurors unanimously
16 8 agree that the answer is "no" or if the jurors do not
16 9 unanimously agree that the answer is "yes".
16 10 2.___(6) Concurrently with the return of the special
16 11 verdicts under rule 2.___(3), the jury, or the court if there
16 12 is no jury, shall also return special verdicts as follows:
16 13 a. Which aggravating circumstances were established beyond
16 14 a reasonable doubt and were considered in reaching the verdict
16 15 returned on the issue specified in rule 2.___(3)(a).
16 16 b. Which mitigating circumstances were established and
16 17 were considered in reaching the verdict returned on the issue
16 18 specified in rule 2.___(3)(a).
16 19 2.___(7) If the jury, or the court if there is no jury,
16 20 returns an affirmative finding on all applicable issues, the
16 21 court shall sentence the defendant to death. If the jury or
16 22 the court returns a negative finding on any applicable issue,
16 23 the court shall sentence the defendant to the custody of the
16 24 director of the department of corrections for confinement for
16 25 the rest of the defendant's life.
16 26 2.___(8) After a verdict has been rendered it shall be
16 27 recorded on the jury verdict form and shall be read and
16 28 recorded in open court. The jurors shall be collectively asked
16 29 by the court whether the verdict returned is their true and
16 30 correct verdict. Even though no juror makes any declaration
16 31 to the contrary, the jury shall, if either party so requests,
16 32 be polled and each juror shall be separately asked whether the
16 33 verdict rendered by the jury foreperson is the juror's true
16 34 and correct verdict. If, upon either the collective or the
16 35 separate inquiry, any juror denies that the verdict is the
17 1 juror's verdict, the court shall refuse to accept the verdict.
17 2 The court may direct inquiry or permit inquiry by counsel to
17 3 ascertain whether any juror has been subjected to coercion
17 4 or has become confused during the jury deliberation process.
17 5 The court may, as appropriate, direct the jury to resume
17 6 deliberation in the case. If no disagreement on the verdict
17 7 is expressed by any of the jurors, the court shall discharge
17 8 the jury.
17 9 2.___(9) Provisions relating to deferred judgment, deferred
17 10 sentence, suspended sentence, reconsideration of sentence,
17 11 probation, parole, or work release contained in Iowa Code
17 12 chapters 901 through 909 do not apply to a conviction of the
17 13 multiple offense of murder, kidnapping, and sexual abuse under
17 14 Iowa Code section 902.15 if the defendant is sentenced to
17 15 death.
17 16 Sec. 15. 2.___ AUTOMATIC REVIEW == STAY OF EXECUTION OF
17 17 JUDGMENT.
17 18 2.___(1) A judgment of conviction and sentence of death
17 19 shall be reviewed automatically in the manner provided in Iowa
17 20 Code section 814.28, and the Iowa supreme court has exclusive
17 21 jurisdiction of the review.
17 22 2.___(2) Upon entry of judgment and sentence of death, the
17 23 trial court shall prepare a complete record and transcript of
17 24 the action in the manner provided in the rules of criminal
17 25 procedure and shall docket the record and transcript with the
17 26 clerk of the supreme court.
17 27 2.___(3) The execution of judgment of the trial court is
17 28 stayed as a matter of law from the time of its entry until
17 29 the judgment of the supreme court is certified to and entered
17 30 by the trial court. Upon entry of a judgment of the supreme
17 31 court which affirms the conviction and sentence, the stay of
17 32 execution of judgment terminates as a matter of law.
17 33 2.___(4) All court costs required due to the automatic
17 34 preparation of the record and transcript, docketing with the
17 35 supreme court, and stay of execution of judgment shall be
18 1 assessed to the state.
18 2 Sec. 16. 2.___ ISSUANCE OF WARRANT.
18 3 2.___(1) Upon entry by the trial court of the judgment of
18 4 the supreme court affirming a judgment and sentence of death,
18 5 a district judge shall within five days of the entry issue
18 6 a warrant under the seal of the court for the execution of
18 7 the sentence of death. The warrant shall specifically set
18 8 forth the offense and the fact of conviction, shall state
18 9 the judgment and sentence of the court, shall state that the
18 10 judgment and sentence were affirmed by the supreme court and
18 11 the date of entry of judgment of the supreme court in the
18 12 trial court, and shall, subject to the requirements of Iowa
18 13 Code section 902.1, subsection 3, specify a range of five days
18 14 for execution of the defendant which shall be not less than
18 15 fifty nor more than sixty days after the date of entry in the
18 16 trial court of the judgment of the supreme court affirming the
18 17 judgment and sentence of death. The warrant shall be directed
18 18 to the director of the department of corrections commanding
18 19 the director to cause the warrant to be executed within the
18 20 dates specified. The trial court shall deliver the warrant
18 21 to the sheriff of the county in which judgment of conviction
18 22 was entered and the sheriff shall deliver the warrant to the
18 23 director of the department of corrections. The director of
18 24 the department of corrections shall acknowledge receipt of the
18 25 warrant and the defendant, and the sheriff shall return the
18 26 acknowledgment to the office of the clerk of the trial court
18 27 from which the warrant was issued.
18 28 2.___(2) Immediately after issuance of a warrant ordering
18 29 a sentence of death, the clerk of the trial court issuing the
18 30 warrant shall transmit by certified mail to the governor a copy
18 31 of the indictment, the plea, the verdict and special findings,
18 32 the affirmation of judgment and sentence by the supreme court,
18 33 and the complete transcript of the trial court.
18 34 2.___(3) Notwithstanding rule 2.___(1), if a defendant,
18 35 for whom a warrant of execution is issued, is pregnant, the
19 1 execution shall not take place until after the defendant
19 2 is no longer pregnant. Notwithstanding rule 2.___(1), if
19 3 a defendant, for whom a warrant of execution is issued, is
19 4 suffering from such a diseased or deranged condition of the
19 5 mind as to prevent the defendant from knowing the nature
19 6 and quality of the act the defendant has been convicted of,
19 7 or from understanding that trial on the offense has taken
19 8 place and that execution proceedings are about to take place,
19 9 or to otherwise cause the defendant to lack the capacity
19 10 to understand the sentence which has been imposed and to
19 11 participate in any legal proceedings relating to the sentence,
19 12 the execution shall not take place until after the defendant is
19 13 no longer suffering from the condition.
19 14 Sec. 17. 2.___ EVIDENCE AT PENALTY PROCEEDING WHERE DEATH
19 15 SENTENCE REQUESTED.
19 16 2.___(1) At a reasonable time before the commencement of
19 17 initial proceedings in a murder, kidnapping, and sexual abuse
19 18 trial in which a sentence of death has been requested, each
19 19 party shall file and serve upon the other party the following:
19 20 a. A list of all aggravating or mitigating circumstances
19 21 which the party intends to prove during the sentencing
19 22 proceedings.
19 23 b. The names of all persons whom the party intends to call
19 24 as witnesses during the sentencing proceedings.
19 25 c. Notwithstanding rule 2.14, copies, or for inspection
19 26 purposes, the location, of all documents, including books,
19 27 papers, writings, drawings, graphs, charts, photographs,
19 28 telephone records, and other data compilations from which
19 29 information can be obtained, or other objects which the
19 30 party intends to offer into evidence during the sentencing
19 31 proceedings. If copies are not supplied to opposing counsel,
19 32 the party shall make the items available for inspection and
19 33 copying without order of the court.
19 34 2.___(2) In proceedings to determine whether the sentence
19 35 shall be death or life imprisonment, evidence may be presented
20 1 as to any matter which the trial court deems relevant to
20 2 the sentence, including but not limited to the nature,
20 3 circumstances, and manner of completion of the murder,
20 4 kidnapping, and sexual abuse, and the defendant's character,
20 5 background, history, and mental and physical condition. The
20 6 trial court shall admit any relevant admissible evidence
20 7 respecting any aggravating or mitigating circumstances, if the
20 8 party has included the circumstance on a list provided pursuant
20 9 to this rule, or good cause is shown for the failure to do so.
20 10 Sec. 18. IMPLEMENTATION OF ACT. Section 25B.2, subsection
20 11 3, shall not apply to this Act.
20 12 Sec. 19. SEVERABILITY. If any provision of this Act or the
20 13 application thereof to any person is invalid, the invalidity
20 14 shall not affect the provisions or application of this Act
20 15 which can be given effect without the invalid provisions or
20 16 application and to this end, the provisions of this Act are
20 17 severable.
20 18 Sec. 20. EFFECTIVE DATE. This Act takes effect January 1,
20 19 2016.
20 20 Sec. 21. APPLICABILITY. This Act applies to offenses
20 21 committed on or after the effective date of this Act.
20 22 EXPLANATION
20 23 The inclusion of this explanation does not constitute agreement with
20 24 the explanation's substance by the members of the general assembly.
20 25 This bill further provides that in order to receive a
20 26 sentence of death, the defendant must be at least 18 years of
20 27 age at the time the offense is committed, must not be mentally
20 28 ill or intellectually disabled, and must have been a major
20 29 participant in the commission of the crime or must have shown a
20 30 manifest indifference to human life.
20 31 The bill amends the Iowa criminal code to provide for
20 32 punishment by death for the multiple offense of murder in the
20 33 first degree, kidnapping, and sexual abuse committed by a
20 34 person age 18 or older with respect to the same victim who is a
20 35 minor if the trial jury, or the judge if there is no jury, makes
21 1 specific findings and whether the jury believes the defendant
21 2 should be put to death in a separate penalty proceeding held
21 3 after the close of the initial trial proceeding. Under the
21 4 bill, a death sentence could be imposed if the murder would
21 5 constitute murder in the first degree and the state pleads and
21 6 proves the defendant also kidnapped and committed sexual abuse
21 7 against the murder victim who was a minor.
21 8 If a person is indigent and is charged with capital murder,
21 9 payment of costs for two attorneys is authorized. The supreme
21 10 court is required to establish standards for the competency of
21 11 counsel in death penalty cases. The state public defender is
21 12 charged with establishing teams of qualified lead and cocounsel
21 13 for death penalty cases, as well as conducting or sponsoring
21 14 specialized training programs for attorneys representing
21 15 persons who may be executed.
21 16 If such a case proceeds to trial and a notice of intent to
21 17 seek the death penalty has been filed, in addition to any other
21 18 defenses which may be presented to the charge, the defendant
21 19 may raise the issue of intellectual disability during the time
21 20 of filing pretrial motions, and the defendant is entitled to
21 21 a rebuttable presumption of intellectual disability if the
21 22 defendant establishes that the defendant has an intelligence
21 23 quotient of 70 or below.
21 24 Once the evidence is submitted to the jury, the court
21 25 will instruct the jury, at the defendant's request, that in
21 26 considering whether a sentence of death is justified, the
21 27 race, color, religious beliefs, national origin, sex, or other
21 28 protected classes under Code chapter 216 of the defendant or
21 29 of any victim is not to be considered. The supreme court
21 30 shall collect evidence relating to whether the death sentences
21 31 imposed are excessive, disproportionate, or imposed under the
21 32 influence of prejudice at trial which will be available to
21 33 litigants.
21 34 The sentence of death is imposed only when the trier of fact
21 35 (the jury or the court if the defendant has waived the right to
22 1 a jury trial) unanimously answers two questions affirmatively:
22 2 (1) whether aggravating circumstances established beyond a
22 3 reasonable doubt outweigh any mitigating circumstances that
22 4 may exist; and (2) whether the defendant should be sentenced
22 5 to death. Mitigating factors the trier of fact may consider
22 6 include the following: the defendant was under the influence
22 7 of an extreme mental or emotional disturbance; the age of
22 8 the defendant; the defendant's ability to appreciate the
22 9 wrongfulness of the conduct due to mental disease but not
22 10 to a degree to constitute a defense; the defendant has no
22 11 significant prior criminal history; the defendant was under
22 12 extreme duress; the defendant did not directly commit the
22 13 murder, kidnapping, and sexual abuse; and the defendant's
22 14 character or record or the circumstances of the offense. The
22 15 sentencing proceeding is conducted separately from the finding
22 16 of guilt or innocence by the same trier of fact.
22 17 For the sentencing proceeding, the trier of fact (the jury
22 18 or the court if the defendant has waived the right to have
22 19 the jury hear the proceedings) is to weigh any aggravating
22 20 circumstances established beyond a reasonable doubt by the
22 21 state against any of the enumerated mitigating circumstances
22 22 which may be presented by the defendant. Evidence of certain
22 23 juvenile delinquency adjudications is not admissible in any
22 24 proceeding to determine the sentence. If the jury fails to
22 25 agree unanimously on the required affirmative findings, the
22 26 penalty imposed would be life imprisonment.
22 27 The death penalty sentence would be reviewed automatically
22 28 by the supreme court. The supreme court shall review the trial
22 29 and judgment separately from the sentencing proceeding. If the
22 30 supreme court finds error in the sentencing proceeding, the
22 31 supreme court may remand the case back to district court for a
22 32 new sentencing hearing. The bill requires the supreme court to
22 33 examine whether the sentence is excessive or disproportionate
22 34 to penalties in similar cases. If affirmed by the supreme
22 35 court, the penalty would be accomplished by lethal injection.
23 1 The bill requires the board of corrections to adopt rules
23 2 pertaining to executions, including rules pertaining to the
23 3 witnessing of executions.
23 4 A person who is sentenced to death, but who is pregnant when
23 5 the warrant of execution is issued, is not to be executed until
23 6 the person is no longer pregnant. A procedure is also provided
23 7 to stay execution of a condemned inmate who becomes insane
23 8 after conviction but before execution.
23 9 An employee of the state shall not be required to perform or
23 10 assist in any execution and shall not be discriminated against
23 11 for refusing to participate.
23 12 The bill may include a state mandate as defined in Code
23 13 section 25B.3. The bill makes inapplicable Code section 25B.2,
23 14 subsection 3, which would relieve a political subdivision from
23 15 complying with a state mandate if funding for the cost of
23 16 the state mandate is not provided or specified. Therefore,
23 17 political subdivisions are required to comply with any state
23 18 mandate included in the bill.
23 19 The bill contains severability provisions and takes effect
23 20 January 1, 2016, and applies only to applicable offenses
23 21 committed on or after that date.
LSB 1101XS (4) 86
jm/rj