Senate File 448 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1185) A BILL FOR 1 An Act relating to the commission of a class "A" felony by a 2 person under eighteen years of age, providing penalties, and 3 including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2259SV (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 902.1, subsection 2, Code 2015, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 2. a. Notwithstanding subsection 1, a defendant convicted 1 5 of murder in the first degree in violation of section 707.2, 1 6 and who was under the age of eighteen at the time the offense 1 7 was committed shall receive one the following sentences: 1 8 (1) Commitment to the director of the department of 1 9 corrections for the rest of the defendant's life with no 1 10 possibility of parole unless the governor commutes the sentence 1 11 to a term of years. 1 12 (2) Commitment to the custody of the director of the 1 13 department of corrections for the rest of the defendant's life 1 14 with the possibility of parole after serving a minimum term of 1 15 confinement as determined by the court. 1 16 (3) Commitment to the custody of the director of the 1 17 department of corrections for the rest of the defendant's life 1 18 with the possibility of parole. 1 19 b. (1) The prosecuting attorney shall provide reasonable 1 20 notice to the defendant, after conviction and prior to 1 21 sentencing, of the state's intention to seek a life sentence 1 22 with no possibility of parole under paragraph "a", subparagraph 1 23 (1). 1 24 (2) In determining which sentence to impose, the court shall 1 25 consider all circumstances including but not limited to the 1 26 following: 1 27 (a) The impact of the offense on each victim, as defined in 1 28 section 915.10, through the use of a victim impact statement, 1 29 as defined in section 915.10, under any format permitted by 1 30 section 915.13. The victim impact statement may include 1 31 comment on the sentence of the defendant. 1 32 (b) The impact of the offense on the community. 1 33 (c) The threat to the safety of the public or any individual 1 34 posed by the defendant. 1 35 (d) The degree of participation in the murder by the 2 1 defendant. 2 2 (e) The nature of the offense. 2 3 (f) The defendant's remorse. 2 4 (g) The defendant's acceptance of responsibility. 2 5 (h) The severity of the offense, including any of the 2 6 following: 2 7 (i) The commission of the murder while participating in 2 8 another felony. 2 9 (ii) The number of victims. 2 10 (iii) The heinous, brutal, cruel manner of the murder, 2 11 including whether the murder was the result of torture. 2 12 (i) The capacity of the defendant to appreciate the 2 13 criminality of the conduct. 2 14 (j) Whether the ability to conform the defendant's conduct 2 15 with the requirements of the law was substantially impaired. 2 16 (k) The level of maturity of the defendant. 2 17 (l) The intellectual and mental capacity of the defendant. 2 18 (m) The nature and extent of any prior juvenile delinquency 2 19 or criminal history of the defendant, including the success or 2 20 failure of previous attempts at rehabilitation. 2 21 (n) The mental health history of the defendant. 2 22 (o) The level of compulsion, duress, or influence exerted 2 23 upon the defendant, but not to such an extent as to constitute 2 24 a defense. 2 25 (p) The likelihood of the commission of further offenses by 2 26 the defendant. 2 27 (q) The chronological age of the defendant and the features 2 28 of youth, including immaturity, impetuosity, and failure to 2 29 appreciate risks and consequences. 2 30 (r) The family and home environment that surrounded the 2 31 defendant. 2 32 (s) The circumstances of the murder including the extent 2 33 of the defendant's participation in the conduct and the way 2 34 familial and peer pressure may have affected the defendant. 2 35 (t) The competencies associated with youth, including but 3 1 not limited to the defendant's inability to deal with peace 3 2 officers or the prosecution or the defendant's incapacity to 3 3 assist the defendant's attorney in the defendant's defense. 3 4 (u) The possibility of rehabilitation. 3 5 (v) Any other information considered relevant by the 3 6 sentencing court. 3 7 Sec. 2. Section 902.1, Code 2015, is amended by adding the 3 8 following new subsections: 3 9 NEW SUBSECTION. 3. a. Notwithstanding subsections 1 and 2, 3 10 a defendant convicted of a class "A" felony, other than murder 3 11 in the first degree in violation of section 707.2, and who was 3 12 under the age of eighteen at the time the offense was committed 3 13 shall receive one of the following sentences: 3 14 (1) Commitment to the custody of the director of the 3 15 department of corrections for the rest of the defendant's life 3 16 with the possibility of parole after serving a minimum term of 3 17 confinement as determined by the court. 3 18 (2) Commitment to the custody of the director of the 3 19 department of corrections for the rest of the defendant's life 3 20 with the possibility of parole. 3 21 b. In determining which sentence to impose, the court shall 3 22 consider all circumstances including but not limited to the 3 23 following: 3 24 (1) The impact of the offense on each victim, as defined in 3 25 section 915.10, through the use of a victim impact statement, 3 26 as defined in section 915.10, under any format permitted by 3 27 section 915.13. The victim impact statement may include 3 28 comment on the sentence of the defendant. 3 29 (2) The impact of the offense on the community. 3 30 (3) The threat to the safety of the public or any individual 3 31 posed by the defendant. 3 32 (4) The degree of participation in the offense by the 3 33 defendant. 3 34 (5) The nature of the offense. 3 35 (6) The defendant's remorse. 4 1 (7) The defendant's acceptance of responsibility. 4 2 (8) The severity of the offense, including any of the 4 3 following: 4 4 (a) The commission of the offense while participating in 4 5 another felony. 4 6 (b) The number of victims. 4 7 (c) The heinous, brutal, cruel manner of the offense, 4 8 including whether the offense involved torture. 4 9 (9) The capacity of the defendant to appreciate the 4 10 criminality of the conduct. 4 11 (10) Whether the ability to conform the defendant's conduct 4 12 with the requirements of the law was substantially impaired. 4 13 (11) The level of maturity of the defendant. 4 14 (12) The intellectual and mental capacity of the defendant. 4 15 (13) The nature and extent of any prior juvenile delinquency 4 16 or criminal history of the defendant, including the success or 4 17 failure of previous attempts at rehabilitation. 4 18 (14) The mental health history of the defendant. 4 19 (15) The level of compulsion, duress, or influence exerted 4 20 upon the defendant, but not to such an extent as to constitute 4 21 a defense. 4 22 (16) The likelihood of the commission of further offenses 4 23 by the defendant. 4 24 (17) The chronological age of the defendant and the features 4 25 of youth, including immaturity, impetuosity, and failure to 4 26 appreciate risks and consequences. 4 27 (18) The family and home environment that surrounded the 4 28 defendant. 4 29 (19) The circumstances of the offense including the extent 4 30 of the defendant's participation in the conduct and the way the 4 31 familial and peer pressure may have affected the defendant. 4 32 (20) The competencies associated with youth, including but 4 33 not limited to the defendant's inability to deal with peace 4 34 officers or the prosecution or the defendant's incapacity to 4 35 assist the defendant's attorney in the defendant's defense. 5 1 (21) The possibility of rehabilitation. 5 2 (22) Any other information considered relevant by the 5 3 sentencing court. 5 4 NEW SUBSECTION. 4. If a defendant is paroled pursuant to 5 5 subsection 2 or 3, the defendant shall be subject to the same 5 6 set of procedures set out in chapters 901B, 905, 906, and 908, 5 7 and rules adopted under those chapters for persons on parole. 5 8 Sec. 3. Section 903A.2, subsection 5, Code 2015, is amended 5 9 to read as follows: 5 10 5. Earned time accrued by inmates serving life sentences 5 11 imposed under section 902.1 shall not reduce the life sentence, 5 12butor any mandatory minimum sentence imposed under section 5 13 902.1, except that earned time accrued shall be credited 5 14 against the inmate's life sentence if the life sentence is 5 15 commuted to a term of years under section 902.2, but shall not 5 16 reduce any mandatory minimum sentence imposed under section 5 17 902.1. 5 18 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 5 19 immediate importance, takes effect upon enactment. 5 20 Sec. 5. APPLICABILITY. The sentencing provisions of this 5 21 Act shall apply to a person who was convicted of a class "A" 5 22 felony prior to, on, or after the effective date of this Act 5 23 and who was under the age of eighteen at the time the offense 5 24 was committed. 5 25 EXPLANATION 5 26 The inclusion of this explanation does not constitute agreement with 5 27 the explanation's substance by the members of the general assembly. 5 28 This bill relates to the commission of a class "A" felony by 5 29 a person under 18 years of age, and provides penalties. 5 30 Current Iowa statutory law provides that a person under 5 31 18 years of age who commits a class "A" felony, other than 5 32 murder in the first degree, shall be eligible for parole after 5 33 serving a minimum term of confinement of 25 years. Also, under 5 34 current Iowa statutory law, a person under 18 years of age who 5 35 commits murder in the first degree must serve a life sentence 6 1 without the possibility of parole which equals the sentences 6 2 of other class "A" felons. However, the United States Supreme 6 3 Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), has ruled 6 4 that a mandatory life sentence without the possibility of 6 5 parole for a person under 18 years of age who commits murder 6 6 is unconstitutional. In addition, the Iowa Supreme Court in 6 7 State v. Lyle, 854 N.W.2d 378 (Iowa 2014), ruled that the Iowa 6 8 Constitution forbids a mandatory minimum sentencing schema for 6 9 juvenile offenders that deprives the district court of the 6 10 discretion to consider youth and its attendant circumstances 6 11 as mitigating factors. 6 12 The bill provides that a person who commits murder in the 6 13 first degree and who was under the age of 18 at the time the 6 14 offense was committed shall be sentenced to serve one of 6 15 three sentencing options. The first option provides that the 6 16 court sentence the person to confinement for the rest of the 6 17 person's life with no possibility of parole unless the governor 6 18 commutes the sentence to a term of years. The second option 6 19 provides that the court sentence the person to confinement for 6 20 the rest of the person's life with the possibility of parole 6 21 after serving a minimum term of confinement as determined by 6 22 the court. Under the third option, the court sentences the 6 23 person to confinement for the rest of the person's life with 6 24 the possibility of parole. 6 25 The bill lists numerous circumstances for the court to 6 26 consider prior to sentencing a person who commits murder in the 6 27 first degree and who was under the age of 18 at the time the 6 28 offense was committed. 6 29 The bill provides that a person who commits a class "A" 6 30 felony, other than murder in the first degree, and who was 6 31 under the age of 18 at the time the offense was committed 6 32 shall be sentenced to serve one of two sentencing options. 6 33 The first option provides that the court sentence the 6 34 person to confinement for the rest of the person's life with 6 35 the possibility of parole after serving a minimum term of 7 1 confinement as determined by the court. Under the second 7 2 option, the court sentences the person to confinement for the 7 3 rest of the person's life with the possibility of parole. 7 4 The bill lists numerous circumstances for the court to 7 5 consider prior to sentencing a person who commits a class "A" 7 6 felony, other than murder in the first degree, and who was 7 7 under the age of 18 at the time the offense was committed. This 7 8 list of circumstances is similar to the list of circumstances 7 9 the court must consider for a person under the age of 18 who 7 10 commits murder in the first degree. 7 11 A person paroled pursuant to the bill is subject to the same 7 12 set of procedures set out in Code chapters 901B, 905, 906, and 7 13 908, and rules adopted under those Code chapters for persons 7 14 on parole. 7 15 The bill prohibits earned time from reducing any mandatory 7 16 minimum sentence imposed under Code section 902.1. 7 17 The bill takes effect upon enactment and applies to a person 7 18 who was convicted of a class "A" felony prior to, on, or after 7 19 the effective date of the bill and who was under the age of 18 7 20 at the time the offense was committed. LSB 2259SV (3) 86 jm/rj