Bill Text: IA HF271 | 2021-2022 | 89th 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, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-28 - Introduced, referred to Judiciary. H.J. 232. [HF271 Detail]
Download: Iowa-2021-HF271-Introduced.html
House
File
271
-
Introduced
HOUSE
FILE
271
BY
WHEELER
A
BILL
FOR
An
Act
creating
a
capital
murder
offense
by
establishing
1
the
penalty
of
death
for
murder
in
the
first
degree,
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
13.2,
subsection
1,
Code
2021,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0c.
Prosecute
and
defend
all
actions
and
3
proceedings
involving
capital
murder
as
defined
in
section
4
902.15,
when
in
the
attorney
general’s
judgment,
the
interest
5
of
the
state
requires
the
attorney
general
to
intervene
on
6
behalf
of
the
county
attorney,
or
upon
request
by
the
county
7
attorney.
8
Sec.
2.
Section
13B.4,
Code
2021,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
6A.
The
state
public
defender
shall
perform
11
all
of
the
following
duties
with
respect
to
the
appointment
of
12
counsel
for
indigent
persons
in
cases
in
which
a
sentence
of
13
death
may
be
or
is
to
be
imposed:
14
a.
Provide
or
contract
with
attorneys
for
appointment
as
15
lead
counsel
and
cocounsel
to
provide
legal
services
in
cases
16
where
a
person
is
charged
with
capital
murder
under
section
17
902.15,
and
the
state
has
given
notice
of
intent
to
seek
the
18
death
penalty
or
in
cases
in
which
a
sentence
of
death
is
to
be
19
imposed.
20
b.
Conduct
or
sponsor
specialized
training
programs
for
21
attorneys
representing
persons
who
may
be
executed.
22
Sec.
3.
NEW
SECTION
.
602.10112
Qualifications
of
counsel
23
in
capital
murder
cases.
24
The
supreme
court
shall
prescribe
rules
which
establish
25
minimum
standards
and
procedures
by
which
attorneys
may
become
26
qualified
to
provide
legal
services
as
lead
counsel
in
cases
in
27
which
a
sentence
of
death
may
be
or
is
to
be
imposed.
28
Sec.
4.
Section
707.2,
subsection
1,
paragraph
d,
Code
2021,
29
is
amended
to
read
as
follows:
30
d.
The
person
intentionally
kills
a
peace
officer,
31
correctional
officer,
public
employee,
or
hostage
while
the
32
person
is
imprisoned
in
a
correctional
institution
under
the
33
jurisdiction
of
the
Iowa
department
of
corrections,
or
in
a
34
city
or
county
jail.
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Sec.
5.
Section
707.2,
subsection
1,
Code
2021,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
The
person
intentionally
kills
a
3
peace
officer,
who
is
on
duty,
under
any
circumstances,
with
4
knowledge
that
the
person
killed
is
a
peace
officer.
5
Sec.
6.
NEW
SECTION
.
812A.1
Procedure
to
determine
sanity
6
of
condemned
inmate.
7
1.
At
any
time
prior
to
execution
of
an
inmate
under
section
8
902.1A,
if
the
director
of
the
department
of
corrections
or
9
the
counsel
for
a
person
who
is
under
a
sentence
of
execution
10
has
cause
to
believe
that
the
inmate
is
suffering
from
such
11
a
diseased
or
deranged
condition
of
the
mind
as
to
prevent
12
the
defendant
from
knowing
the
nature
and
quality
of
the
act
13
the
defendant
has
been
convicted
of,
or
from
understanding
14
that
trial
on
the
offense
has
taken
place
and
that
execution
15
proceedings
are
about
to
take
place,
or
to
otherwise
cause
the
16
defendant
to
lack
the
capacity
to
understand
the
sentence
which
17
has
been
imposed
and
to
participate
in
any
legal
proceedings
18
relating
to
the
sentence,
the
director
or
counsel
may
file
a
19
request
with
the
court
that
issued
the
warrant
for
execution
20
for
a
determination
of
the
inmate’s
sanity.
If
the
court
21
determines
that
there
is
not
sufficient
reason
to
believe
22
that
the
inmate
is
insane,
the
court
shall
enter
an
order
23
denying
the
request
and
shall
state
the
grounds
for
denying
the
24
request.
If
the
court
believes
that
there
is
sufficient
reason
25
to
believe
that
the
inmate
is
insane,
the
court
shall
suspend
26
the
execution
and
conduct
a
hearing
to
determine
the
sanity
of
27
the
inmate.
28
2.
At
the
hearing,
the
court
shall
determine
the
issue
of
29
the
inmate’s
sanity.
Prior
to
the
hearing,
the
court
shall
30
appoint
two
licensed
physicians
or
licensed
psychologists,
or
31
one
licensed
physician
and
one
licensed
psychologist,
who
are
32
qualified
by
training
and
practice,
for
purposes
of
conducting
33
a
psychiatric
or
psychological
examination
of
the
inmate.
The
34
physicians
or
psychologists
shall
examine
the
inmate
and
report
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any
findings
in
writing
to
the
court
within
ten
days
after
1
the
order
of
examination
is
issued.
The
inmate
shall
have
2
the
right
to
present
evidence
and
cross-examine
any
witnesses
3
at
the
hearing.
Any
statement
made
by
the
inmate
during
the
4
course
of
any
examination
provided
for
in
this
section,
whether
5
or
not
the
inmate
consents
to
the
examination,
shall
not
be
6
admitted
into
evidence
against
the
inmate
in
any
criminal
7
proceeding
for
purposes
other
than
a
determination
of
the
8
inmate’s
sanity.
9
3.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
10
this
section,
the
court
determines
that
the
inmate
is
sane,
11
the
court
shall
enter
an
order
setting
a
date
for
the
inmate’s
12
execution,
which
shall
be
carried
into
effect
in
the
same
13
manner
as
provided
in
the
original
sentence.
A
copy
of
the
14
order
shall
be
sent
to
the
director
of
the
department
of
15
corrections
and
the
governor.
16
4.
If,
at
the
conclusion
of
a
hearing
held
pursuant
to
this
17
section,
the
court
determines
that
the
inmate
is
insane,
the
18
court
shall
suspend
the
execution
until
further
order.
At
any
19
time
after
issuance
of
the
order,
if
the
court
has
sufficient
20
reason
to
believe
that
the
inmate
has
become
sane,
the
court
21
shall
again
determine
the
sanity
of
the
inmate
as
provided
22
by
this
section.
Proceedings
pursuant
to
this
section
may
23
continue
to
be
held
at
such
times
as
the
court
orders
until
24
it
is
either
determined
that
the
inmate
is
sane
or
incurably
25
insane.
26
Sec.
7.
NEW
SECTION
.
814.30
Review
of
capital
murder
death
27
sentence.
28
1.
In
a
case
in
which
a
sentence
of
death
is
imposed,
the
29
supreme
court
shall
automatically
review
the
judgment
and
30
sentence.
The
court’s
review
of
the
case
shall
be
de
novo.
The
31
case
shall
not
be
transferred
to
the
court
of
appeals.
32
2.
A
review
by
the
supreme
court
of
a
judgment
and
sentence
33
imposing
the
punishment
of
death
has
priority
over
all
other
34
criminal
and
other
actions
pending
before
the
supreme
court.
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3.
The
supreme
court
shall
review
the
trial
and
judgment,
1
and
shall
separately
review
the
sentencing
proceeding.
Upon
2
determining
that
errors
did
not
occur
at
the
trial
requiring
3
reversal
or
modification
of
the
judgment,
the
supreme
court
4
shall
proceed
to
determine
if
the
sentence
of
death
is
lawfully
5
imposed.
In
its
review
of
the
sentencing
proceeding
the
6
supreme
court
shall
determine
all
of
the
following:
7
a.
Whether
the
sentence
of
death
was
imposed
capriciously
or
8
under
the
influence
of
prejudice
or
other
arbitrary
factor.
9
b.
Whether
the
special
verdicts
returned
under
section
10
901E.1
are
supported
by
the
evidence.
11
c.
Whether
the
sentence
of
death
is
excessive
or
12
disproportionate
to
the
penalty
imposed
in
similar
cases,
13
considering
both
the
crime
and
the
defendant.
14
4.
If
the
supreme
court
determines
that
the
sentence
of
15
death
was
not
lawfully
imposed,
the
supreme
court
shall
set
16
aside
the
sentence
and
shall
remand
the
case
to
the
trial
17
court
for
a
second
sentencing
proceeding
to
determine
if
the
18
imposition
of
death
is
warranted.
19
5.
If
the
supreme
court
affirms
the
judgment
and
sentence
20
of
death,
the
clerk
of
the
supreme
court
shall
certify
the
21
judgment
of
the
supreme
court
under
the
seal
of
the
supreme
22
court
to
the
clerk
of
the
trial
court.
23
Sec.
8.
Section
815.10,
Code
2021,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
1A.
If
two
attorneys
have
not
already
been
26
appointed
pursuant
to
section
13B.4
or
13B.9,
the
court
shall
27
appoint,
for
each
indigent
person
who
is
charged
with
capital
28
murder
under
section
902.15,
and
in
which
a
notice
of
intent
29
to
seek
the
death
penalty
has
been
filed,
two
attorneys
who
30
are
qualified
under
section
602.10112
to
represent
the
person
31
in
the
proceedings
and
in
all
state
legal
proceedings
which
32
take
place
from
the
time
the
person
is
indicted
or
arraigned
33
until
the
person
is
sentenced
on
the
charge.
In
addition,
if
34
at
any
point
in
federal
postconviction
proceedings
an
indigent
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person
is
not
afforded
court-appointed
counsel,
the
state
shall
1
provide
counsel
to
the
person
to
present
any
claims
determined
2
meritorious
by
the
federal
court
if
the
person
is
not
otherwise
3
represented
by
legal
counsel.
Only
private
attorneys
and
4
public
defenders
who
are
qualified
to
provide
representation
in
5
cases
in
which
the
death
penalty
may
be
imposed
are
eligible
6
for
appointment
or
assignment
to
a
case
in
which
the
death
7
penalty
may
be
imposed.
8
Sec.
9.
NEW
SECTION
.
901E.1
Capital
murder
proceedings
——
9
request
for
death
penalty
——
penalty
proceedings.
10
1.
As
used
in
this
section:
11
a.
“Intellectually
disabled”
means
the
same
as
defined
in
12
section
902.15.
13
b.
“Mentally
ill”
or
“mental
illness”
means
the
same
as
14
defined
in
section
902.15.
15
2.
If
a
notice
of
intent
to
seek
the
death
penalty
has
16
been
filed,
objections
to
the
imposition
of
the
death
penalty
17
based
upon
allegations
that
a
defendant
was
intellectually
18
disabled
or
mentally
ill
at
the
time
of
the
commission
of
19
the
offense
shall
be
raised
within
the
time
provided
for
the
20
filing
of
pretrial
motions
under
rule
of
criminal
procedure
21
2.11,
Iowa
court
rules.
The
court
may,
for
good
cause
shown,
22
allow
late
filing
of
the
motion.
Hearing
on
the
motion
shall
23
be
held
prior
to
trial
and
the
burden
of
proof
shall
be
on
the
24
defendant
to
prove
intellectual
disability
or
mental
illness
25
by
a
preponderance
of
the
evidence.
If
the
court
finds
that
26
the
defendant
is
intellectually
disabled,
the
defendant,
if
27
convicted
of
capital
murder
under
section
902.15,
shall
not
be
28
sentenced
to
death
but
shall
be
sentenced
to
life
imprisonment
29
in
the
manner
provided
in
section
902.1.
A
finding
by
the
30
court
that
the
evidence
presented
by
the
defendant
at
the
31
hearing
does
not
preclude
the
imposition
of
the
death
penalty
32
under
this
section
and
section
902.15
shall
not
preclude
the
33
introduction
of
evidence
of
intellectual
disability
or
mental
34
illness
during
the
penalty
proceeding.
If
the
court
finds
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that
evidence
of
intellectual
disability
or
mental
illness
1
does
not
preclude
imposition
of
the
death
penalty,
evidence
of
2
intellectual
disability
or
mental
illness
may
be
reviewed
by
3
the
jury
in
the
penalty
proceeding
and
the
jury
shall
not
be
4
informed
of
the
finding
in
the
initial
proceeding
at
any
time
5
during
the
penalty
proceeding.
6
3.
If
at
the
trial
on
a
charge
of
capital
murder
under
7
section
902.15,
the
state
intends
to
request
that
the
death
8
penalty
be
imposed
under
section
902.1A,
the
prosecutor
shall
9
file
a
notice
of
intent
to
seek
the
death
penalty,
at
the
time
10
of
and
as
part
of
the
information
or
indictment
filed
in
the
11
case.
12
4.
If
a
notice
of
intent
to
seek
the
death
penalty
has
been
13
filed,
the
trial
shall
be
conducted
in
bifurcated
proceedings
14
before
the
same
trier
of
fact.
During
the
initial
proceeding,
15
the
jury,
or
the
court
if
the
defendant
waives
the
right
to
a
16
jury
trial,
shall
decide
only
whether
the
defendant
is
guilty
17
or
not
guilty
of
capital
murder
under
section
902.15.
18
a.
If,
in
the
initial
proceeding,
the
court
or
jury
finds
19
the
defendant
guilty
of,
or
the
defendant
pleads
guilty
to,
20
an
offense
other
than
capital
murder
under
section
902.15,
21
the
court
shall
sentence
the
defendant
in
accordance
with
the
22
sentencing
procedures
set
forth
in
rule
of
criminal
procedure
23
2.23,
Iowa
court
rules,
and
chapters
901
through
909,
which
are
24
applicable
to
the
offense.
25
b.
If
the
court
or
jury
finds
the
defendant
guilty
of,
or
26
the
defendant
pleads
guilty
to,
capital
murder
under
section
27
902.15,
but
the
prosecuting
attorney
waives
the
death
penalty,
28
the
court
shall
sentence
the
defendant
to
life
imprisonment
in
29
accordance
with
the
sentencing
procedures
set
forth
in
rule
of
30
criminal
procedure
2.23,
Iowa
court
rules,
and
chapters
901
31
through
909,
which
are
otherwise
applicable
to
convictions
of
32
murder
in
the
first
degree.
33
c.
If
the
court
or
jury
finds
the
defendant
guilty
of
34
capital
murder
under
section
902.15,
or
a
defendant
enters
a
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plea
of
guilty
in
the
initial
proceeding,
and
the
prosecuting
1
attorney
does
not
waive
imposition
of
the
death
penalty,
a
2
penalty
proceeding
shall
be
held
in
the
manner
provided
in
3
subsections
5
through
13.
4
5.
No
sooner
than
twenty-four
hours
after
a
verdict
of
5
guilty
or
a
plea
of
guilty
to
capital
murder
under
section
6
902.15
is
returned
in
the
initial
proceeding,
a
penalty
7
proceeding
shall
be
held
to
determine
whether
the
defendant
8
shall
be
sentenced
to
death
or
to
life
imprisonment.
The
9
proceeding
shall
be
conducted
in
the
trial
court
before
the
10
trial
jury,
or
before
the
court
if
the
defendant
has
waived
11
the
right
to
a
jury
trial
or
has
waived
the
right
for
the
12
proceeding
to
be
before
the
trial
jury.
Both
the
state
and
the
13
defendant
shall
have
the
right
to
present
opening
statements
14
at
the
commencement
of
the
proceeding.
In
the
proceeding,
15
evidence
relevant
to
the
existence
of
any
aggravating
or
16
mitigating
circumstances
may
be
presented
as
follows:
17
a.
The
state
or
the
defendant
may
present
evidence
relevant
18
to
the
conviction
of
capital
murder
under
section
902.15
and
19
any
aggravating
circumstances
other
than
juvenile
delinquency
20
adjudications
for
offenses
which
carry
penalties
equivalent
to
21
the
penalties
imposed
for
simple
or
serious
misdemeanors.
The
22
state
may
introduce
evidence
of
the
actual
harm
caused
by
the
23
commission
of
the
capital
murder
offense
under
section
902.15,
24
including
but
not
limited
to
evidence
relating
to
the
life
of
25
the
victim
and
the
impact
of
the
loss
of
the
victim
to
the
26
victim’s
family
and
society.
27
b.
The
defendant
may
present
evidence
that
the
defendant
28
was
intellectually
disabled
or
mentally
ill
at
the
time
of
the
29
commission
of
the
offense.
The
burden
of
proof
shall
be
on
the
30
defendant
to
prove
intellectual
disability
or
mental
illness
by
31
a
preponderance
of
the
evidence.
32
c.
The
state
or
the
defendant
may
present
evidence
relevant
33
to
any
mitigating
circumstances
which
may
exist.
Mitigating
34
circumstances
may
include
the
following
circumstances:
35
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(1)
The
defendant
was
under
the
influence
of
an
extreme
1
mental
or
emotional
disturbance
insufficient
to
constitute
a
2
defense.
3
(2)
The
age
of
the
defendant
at
the
time
of
the
offense.
4
(3)
The
defendant’s
capacity
to
appreciate
the
wrongfulness
5
of
the
defendant’s
conduct
and
to
conform
that
conduct
to
the
6
requirements
of
law
was
significantly
impaired
as
a
result
of
a
7
mental
disease
or
defect
or
intellectual
disability,
but
not
to
8
a
degree
sufficient
to
constitute
a
defense.
9
(4)
The
defendant
has
no
significant
history
of
prior
adult
10
criminal
activity.
11
(5)
The
defendant
acted
under
extreme
duress
or
under
the
12
substantial
domination
of
another
person.
13
(6)
The
defendant
did
not
directly
commit
the
capital
murder
14
offense
and
the
defendant
did
not
intend
to
kill
or
anticipate
15
that
lethal
force
would
be
used.
16
(7)
Any
other
factor
which
is
relevant
to
the
defendant’s
17
character
or
record
or
to
the
circumstances
of
the
offense.
18
d.
The
state
and
the
defendant
or
the
defendant’s
counsel
19
shall
be
permitted
to
present
and
cross-examine
witnesses
and
20
present
arguments
for
or
against
a
sentence
of
death.
Evidence
21
regarding
aggravating
and
mitigating
circumstances
shall
not
22
be
governed
by
the
rules
governing
admissibility
of
evidence,
23
except
that
introduction
of
evidence
secured
in
violation
of
24
the
Constitution
of
the
United
States
or
of
the
Constitution
of
25
the
State
of
Iowa
shall
not
be
permitted.
26
6.
At
the
conclusion
of
presentation
of
evidence
in
27
the
penalty
proceeding,
the
state
and
the
defendant
or
the
28
defendant’s
counsel
shall
be
permitted
to
make
closing
29
arguments,
including
any
rebuttal
arguments,
in
the
same
manner
30
as
in
the
initial
proceeding
and
the
following
issues
shall
be
31
determined
by
the
jury
or
by
the
court
if
there
is
no
jury:
32
a.
Whether
the
aggravating
circumstance
or
circumstances
33
have
been
established
beyond
a
reasonable
doubt
and
outweigh
34
any
one
or
more
mitigating
circumstances.
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b.
Whether
the
defendant
shall
be
sentenced
to
death.
1
7.
A
recommendation
for
a
sentence
of
death
shall
not
be
2
permitted
if
the
recommendation
is
based
on
the
race,
color,
3
religious
beliefs,
national
origin,
or
sex
of
the
defendant
4
or
of
any
victim,
or
based
on
any
other
protected
class
under
5
chapter
216.
After
submission
of
the
issues,
but
prior
to
the
6
return
of
a
finding
in
the
penalty
proceeding,
if
the
matter
7
is
tried
before
a
jury,
the
court
shall
instruct
the
jury
8
that
in
considering
whether
a
sentence
of
death
is
justified,
9
the
jury
shall
not
consider
race,
color,
religious
beliefs,
10
national
origin,
or
sex
of
the
defendant
or
of
any
victim,
or
11
consider
any
other
protected
class
under
chapter
216.
The
12
court
shall
further
instruct
the
jury
that
the
jury
shall
not
13
return
a
sentence
of
death
unless
the
jury
concludes
that
such
14
a
sentence
would
be
recommended
no
matter
what
the
race,
color,
15
religious
beliefs,
national
origin,
sex,
or
other
protected
16
class
of
the
defendant
or
of
any
victim
may
be.
17
8.
After
submission
of
the
issues,
but
prior
to
the
18
commencement
of
the
jury
deliberations
in
the
penalty
19
proceeding,
the
court
shall
instruct
the
jury
that
if
the
20
defendant
is
not
sentenced
to
death,
the
court
is
required
by
21
law
to
impose
a
sentence
of
imprisonment
until
death
without
22
parole.
The
court
shall
further
instruct
the
jury
that
23
the
sentence
of
imprisonment
until
death
without
parole
is
24
required
by
law
if
the
jury
fails
to
reach
a
unanimous
verdict
25
recommending
a
sentence
of
death.
26
9.
Concurrently
with
the
return
of
the
findings
on
the
27
issues
submitted
under
subsection
6,
the
jury,
or
the
court
if
28
there
is
no
jury,
shall
return
special
verdicts
as
follows:
29
a.
Which
aggravating
circumstances
were
established
beyond
a
30
reasonable
doubt
and
were
considered
in
reaching
the
verdict.
31
b.
Which
mitigating
circumstances
were
established
and
32
were
considered
in
reaching
the
verdict
returned
on
the
issue
33
specified
in
subsection
6,
paragraph
“a”
.
34
10.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
35
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a
unanimous
affirmative
finding
on
each
of
the
issues
submitted
1
under
subsection
6,
paragraphs
“a”
and
“b”
,
the
court
shall
2
enter
a
judgment
of
conviction
and
shall
sentence
the
defendant
3
to
death
as
provided
in
section
902.1A.
4
11.
However,
if
evidence
that
the
defendant
was
not
a
5
major
participant
in
the
commission
of
the
capital
murder
6
under
section
902.15,
and
that
the
defendant’s
conduct
did
not
7
manifest
a
reckless
indifference
to
human
life
is
presented
8
to
the
jury,
or
to
the
court
if
there
is
no
jury,
the
jury
or
9
the
court
shall
also
return
a
special
verdict
on
the
issue.
10
If
the
jury
unanimously
determines,
or
the
court
if
there
is
11
no
jury,
determines
that
a
preponderance
of
evidence
exists
12
that
shows
that
the
defendant
was
not
a
major
participant
in
13
the
commission
of
the
capital
murder
under
section
902.15,
14
and
that
the
defendant’s
conduct
did
not
manifest
a
reckless
15
indifference
to
human
life,
the
court
shall
enter
a
judgment
16
of
conviction
and
shall
sentence
the
defendant
to
life
17
imprisonment
as
provided
in
section
902.1,
even
if
the
jury
or
18
the
court
returns
unanimous
affirmative
findings
on
each
of
the
19
issues
submitted
under
subsection
6.
20
12.
If
the
jury,
or
the
court
if
there
is
no
jury,
returns
21
a
negative
finding
on
any
of
the
issues
submitted
under
22
subsection
6,
paragraph
“a”
or
“b”
,
the
court
shall
enter
a
23
judgment
of
conviction
and
shall
sentence
the
defendant
to
life
24
imprisonment
as
provided
in
section
902.1.
25
13.
After
a
verdict
has
been
rendered
it
shall
be
recorded
26
on
the
jury
verdict
form
and
shall
be
read
and
recorded
in
open
27
court.
The
jurors
shall
be
collectively
asked
by
the
court
28
whether
the
verdict
returned
is
their
true
and
correct
verdict.
29
Even
though
no
juror
makes
any
declaration
to
the
contrary,
the
30
jury
shall,
if
either
party
so
requests,
be
polled
and
each
31
juror
shall
be
separately
asked
whether
the
verdict
rendered
by
32
the
jury
foreperson
is
the
juror’s
true
and
correct
verdict.
33
If,
upon
either
the
collective
or
the
separate
inquiry,
any
34
juror
denies
that
the
verdict
is
the
juror’s
verdict,
the
court
35
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shall
refuse
to
accept
the
verdict.
The
court
may
direct
1
inquiry
or
permit
inquiry
by
counsel
to
ascertain
whether
any
2
juror
has
been
subjected
to
coercion
or
has
become
confused
3
during
the
jury
deliberation
process.
The
court
may,
as
4
appropriate,
direct
the
jury
to
resume
deliberation
in
the
5
case.
If
no
disagreement
on
the
verdict
is
expressed
by
any
of
6
the
jurors,
the
court
shall
discharge
the
jury.
7
Sec.
10.
Section
902.1,
subsection
1,
Code
2021,
is
amended
8
to
read
as
follows:
9
1.
Upon
Except
as
provided
in
section
902.1A,
a
plea
of
10
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
a
11
judgment
of
conviction
of
a
class
“A”
felony
may
be
rendered,
12
the
court
shall
enter
a
judgment
of
conviction
and
shall
commit
13
the
defendant
into
the
custody
of
the
director
of
the
Iowa
14
department
of
corrections
for
the
rest
of
the
defendant’s
15
life.
Nothing
in
the
Iowa
corrections
code
pertaining
to
16
deferred
judgment,
deferred
sentence,
suspended
sentence,
or
17
reconsideration
of
sentence
applies
to
a
class
“A”
felony,
and
18
a
person
convicted
of
a
class
“A”
felony
shall
not
be
released
19
on
parole
unless
the
governor
commutes
the
sentence
to
a
term
20
of
years.
21
Sec.
11.
NEW
SECTION
.
902.1A
Capital
murder
——
death
22
penalty.
23
1.
For
the
purposes
of
this
section,
“lethal
injection”
24
means
a
continuous
intravenous
injection
of
a
lethal
substance
25
sufficient
to
cause
death.
26
2.
Notwithstanding
section
902.1,
upon
return
of
a
plea
27
or
verdict
of
guilty
to
capital
murder
under
section
902.15,
28
and
a
return
of
a
verdict
in
favor
of
a
sentence
of
death
in
29
a
penalty
proceeding
conducted
as
provided
in
section
901E.1,
30
the
court
shall
enter
a
judgment
of
conviction
and
shall
commit
31
the
defendant
into
the
custody
of
the
director
of
the
Iowa
32
department
of
corrections.
The
sentence
shall
be
carried
out
33
by
the
administration
of
a
lethal
injection
pursuant
to
rules
34
adopted
by
the
board
of
corrections.
If
a
defendant,
for
whom
35
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a
warrant
of
execution
is
issued,
is
pregnant,
the
execution
1
shall
not
take
place
until
after
the
defendant
is
no
longer
2
pregnant.
If
a
defendant,
for
whom
a
warrant
of
execution
is
3
issued,
is
suffering
from
such
a
diseased
or
deranged
condition
4
of
the
mind
as
to
prevent
the
defendant
from
knowing
the
nature
5
and
quality
of
the
act
the
defendant
has
been
convicted
of,
6
or
from
understanding
that
trial
on
the
offense
has
taken
7
place
and
that
execution
proceedings
are
about
to
take
place,
8
or
to
otherwise
cause
the
defendant
to
lack
the
capacity
9
to
understand
the
sentence
which
has
been
imposed
and
to
10
participate
in
any
legal
proceedings
relating
to
the
sentence,
11
the
execution
shall
not
take
place
until
after
the
defendant’s
12
capacity
is
restored.
If
the
director
of
the
department
of
13
corrections
or
the
defendant’s
counsel
files
a
request
with
the
14
court
which
issued
the
warrant
of
execution,
alleging
that
the
15
defendant
suffers
from
such
a
diseased
or
deranged
condition,
a
16
hearing
on
the
matter
shall
be
held
in
the
manner
provided
in
17
section
812A.1.
18
Sec.
12.
NEW
SECTION
.
902.15
Capital
murder.
19
1.
As
used
in
this
section:
20
a.
(1)
“Capital
murder”
means
any
murder
that
makes
a
21
person
eligible
for
the
death
penalty.
22
(2)
A
person
is
eligible
for
the
death
penalty
when
a
person
23
is
convicted
of
murder
in
the
first
degree
in
violation
of
24
section
707.2.
25
b.
“Intellectually
disabled”
means
significant
subaverage
26
general
intellectual
functioning
accompanied
by
significant
27
deficits
or
impairments
in
adaptive
functioning
manifested
in
28
the
developmental
period,
but
no
later
than
the
age
of
eighteen
29
years,
and
accompanied
by
deficits
in
adaptive
behavior.
30
c.
“Mentally
ill”
means
the
condition
of
a
person
who
31
is
suffering
from
a
chronic
and
persistent
serious
mental
32
disease
or
disorder
and
who,
by
reason
of
that
condition,
lacks
33
sufficient
judgment
to
make
responsible
decisions
regarding
34
treatment
and
is
reasonably
likely
to
injure
the
person’s
self
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or
others
who
may
come
into
contact
with
the
person
if
the
1
person
is
allowed
to
remain
at
liberty
without
treatment.
2
2.
A
person
who
commits
capital
murder,
who
is
not
3
intellectually
disabled
or
mentally
ill,
and
who
is
age
4
eighteen
or
older
at
the
time
of
the
murder
in
the
first
5
degree,
shall
be
eligible
for
a
sentence
of
death
under
section
6
902.1A.
7
Sec.
13.
NEW
SECTION
.
902.16
Data
collection
for
capital
8
murder
——
death
penalty.
9
1.
The
supreme
court
shall
collect
data
on
all
capital
10
murder
charges
in
which
the
death
penalty
is
or
was
not
waived,
11
which
are
filed
and
processed
in
the
courts
in
this
state.
12
This
data
may
be
used
by
the
supreme
court
to
determine
whether
13
death
sentences
imposed
are
excessive
or
disproportionate,
or
14
under
the
influence
of
prejudice
under
section
814.28.
The
15
court
shall
make
this
data
available
to
litigants
in
death
16
penalty
cases.
17
2.
Data
collected
by
public
officials
concerning
factors
18
relevant
to
the
imposition
of
the
death
sentence
shall
be
made
19
publicly
available.
20
Sec.
14.
NEW
SECTION
.
903C.1
Executions
——
refusal
to
21
perform.
22
An
employee
of
the
state
who
may
lawfully
perform,
assist,
or
23
participate
in
the
execution
of
a
person
pursuant
to
section
24
902.1A,
and
rules
adopted
by
the
department
of
corrections,
25
shall
not
be
required
to
perform,
assist,
or
participate
in
26
the
execution.
State
employees
who
refuse
to
perform,
assist,
27
or
participate
in
the
execution
of
a
person
shall
not
be
28
discriminated
against
in
any
way,
including
but
not
limited
29
to
employment,
promotion,
advancement,
transfer,
licensing,
30
education,
training,
or
the
granting
of
any
privileges
or
31
appointments
because
of
the
refusal
to
perform,
assist,
or
32
participate
in
the
execution.
33
Sec.
15.
Section
904.105,
Code
2021,
is
amended
by
adding
34
the
following
new
subsection:
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NEW
SUBSECTION
.
9A.
Adopt
rules
pursuant
to
chapter
17A
1
pertaining
to
executions
of
persons
convicted
of
capital
murder
2
under
section
902.15.
Rules
adopted
shall
include
but
are
not
3
limited
to
rules
permitting
the
witnessing
of
executions
by
4
members
of
the
public
and
the
victim’s
family.
Invitations
5
to
witness
an
execution
shall
at
least
be
extended
to
the
6
following
representatives
of
the
news
media:
7
a.
A
representative
from
a
wire
service
serving
Iowa.
8
b.
A
representative
from
a
broadcasting
network
serving
9
Iowa.
10
c.
A
representative
from
a
television
station
located
in
11
Iowa.
12
d.
A
representative
from
a
radio
station
located
in
Iowa.
13
e.
A
representative
from
a
daily
newspaper
published
in
14
Iowa.
15
f.
A
representative
from
a
weekly
newspaper
published
in
16
Iowa.
17
g.
A
representative
from
the
news
media
from
the
community
18
in
which
the
condemned
person
resided,
if
that
community
is
19
located
in
Iowa.
20
Sec.
16.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
21
3,
shall
not
apply
to
this
Act.
22
Sec.
17.
SEVERABILITY.
If
any
provision
of
this
Act
or
the
23
application
thereof
to
any
person
is
invalid,
the
invalidity
24
shall
not
affect
the
provisions
or
application
of
this
Act
25
which
can
be
given
effect
without
the
invalid
provisions
or
26
application
and
to
this
end,
the
provisions
of
this
Act
are
27
severable.
28
Sec.
18.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
29
2022.
30
Sec.
19.
APPLICABILITY.
This
Act
applies
to
offenses
31
committed
on
or
after
the
effective
date
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
amends
the
Iowa
criminal
code
to
provide
for
1
punishment
by
death
for
capital
murder
committed
by
a
person
2
age
18
or
older
if
the
trial
jury,
or
the
judge
if
there
3
is
no
jury,
makes
specific
findings
and
whether
the
jury
4
believes
the
defendant
should
be
put
to
death
in
a
separate
5
penalty
proceeding
held
after
the
close
of
the
initial
trial
6
proceeding.
Under
the
bill,
a
death
sentence
could
be
imposed
7
if
the
murder
would
constitute
murder
in
the
first
degree.
8
The
bill
provides
that
in
order
to
receive
a
sentence
of
9
death,
the
defendant
must
be
at
least
18
years
of
age
at
the
10
time
the
murder
in
the
first
degree
was
committed,
must
not
be
11
mentally
ill
or
intellectually
disabled,
and
must
have
been
a
12
major
participant
in
the
commission
of
the
crime
or
must
have
13
shown
a
manifest
indifference
to
human
life.
14
The
bill
amends
Code
section
707.2,
murder
in
the
first
15
degree,
to
include
when
a
person
intentionally
kills
a
peace
16
officer,
with
knowledge
that
the
person
killed
is
a
peace
17
officer.
18
The
bill
specifies
that
the
attorney
general
may
prosecute
19
all
actions
and
proceedings
involving
capital
murder,
when
20
in
the
attorney
general’s
judgment
the
interest
of
the
state
21
requires
the
attorney
general
to
intervene
on
behalf
of
the
22
county
attorney,
or
upon
request
by
the
county
attorney.
23
If
a
person
is
indigent
and
is
charged
with
capital
murder,
24
payment
of
costs
for
two
attorneys
is
authorized.
The
supreme
25
court
is
required
to
establish
standards
for
the
competency
of
26
counsel
in
death
penalty
cases.
The
state
public
defender
is
27
charged
with
establishing
teams
of
qualified
lead
and
cocounsel
28
for
death
penalty
cases,
as
well
as
conducting
or
sponsoring
29
specialized
training
programs
for
attorneys
representing
30
persons
who
may
be
executed.
31
If
a
capital
murder
case
proceeds
to
trial
and
a
notice
of
32
intent
to
seek
the
death
penalty
has
been
filed,
in
addition
to
33
any
other
defenses
which
may
be
presented
to
the
charge,
the
34
defendant
may
raise
the
issue
of
intellectual
disability
or
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mental
illness
during
the
time
of
filing
pretrial
motions.
1
Once
the
evidence
is
submitted
to
the
jury,
the
court
2
will
instruct
the
jury,
at
the
defendant’s
request,
that
in
3
considering
whether
a
sentence
of
death
is
justified,
the
4
race,
color,
religious
beliefs,
national
origin,
sex,
or
other
5
protected
classes
under
Code
chapter
216
of
the
defendant
or
6
of
any
victim
is
not
to
be
considered.
The
supreme
court
7
shall
collect
evidence
relating
to
whether
the
death
sentences
8
imposed
are
excessive,
disproportionate,
or
imposed
under
the
9
influence
of
prejudice
at
trial
which
will
be
available
to
10
litigants.
11
The
sentence
of
death
is
imposed
only
when
the
trier
of
fact
12
(the
jury
or
the
court
if
the
defendant
has
waived
the
right
to
13
a
jury
trial)
unanimously
answers
two
questions
affirmatively:
14
(1)
whether
aggravating
circumstances
established
beyond
15
a
reasonable
doubt
outweigh
any
mitigating
circumstances
16
that
may
exist;
and
(2)
whether
the
defendant
should
be
17
sentenced
to
death.
Mitigating
factors
the
trier
of
fact
may
18
consider
include
the
following:
the
defendant
was
under
the
19
influence
of
an
extreme
mental
or
emotional
disturbance;
the
20
age
of
the
defendant;
the
defendant’s
ability
to
appreciate
21
the
wrongfulness
of
the
conduct
due
to
mental
disease
but
22
not
to
a
degree
to
constitute
a
defense;
the
defendant
has
23
no
significant
prior
criminal
history;
the
defendant
was
24
under
extreme
duress;
the
defendant
did
not
directly
commit
25
the
murder;
and
the
defendant’s
character
or
record
or
the
26
circumstances
of
the
offense.
The
sentencing
proceeding
is
27
conducted
separately
from
the
finding
of
guilt
or
innocence
by
28
the
same
trier
of
fact.
29
For
the
sentencing
proceeding,
the
trier
of
fact
(the
jury
30
or
the
court
if
the
defendant
has
waived
the
right
to
have
31
the
jury
hear
the
proceedings)
is
to
weigh
any
aggravating
32
circumstances
established
beyond
a
reasonable
doubt
by
the
33
state
against
any
of
the
enumerated
mitigating
circumstances
34
which
may
be
presented
by
the
defendant.
Evidence
of
certain
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juvenile
delinquency
adjudications
is
not
admissible
in
any
1
proceeding
to
determine
the
sentence.
If
the
jury
fails
to
2
agree
unanimously
on
the
required
affirmative
findings,
the
3
penalty
imposed
would
be
life
imprisonment.
4
The
death
penalty
sentence
would
be
reviewed
automatically
5
by
the
supreme
court.
The
supreme
court
shall
review
the
trial
6
and
judgment
separately
from
the
sentencing
proceeding.
If
the
7
supreme
court
finds
error
in
the
sentencing
proceeding,
the
8
supreme
court
may
remand
the
case
back
to
district
court
for
a
9
new
sentencing
hearing.
The
bill
requires
the
supreme
court
to
10
examine
whether
the
sentence
is
excessive
or
disproportionate
11
to
penalties
in
similar
cases.
If
affirmed
by
the
supreme
12
court,
the
penalty
would
be
accomplished
by
lethal
injection.
13
The
bill
requires
the
board
of
corrections
to
adopt
rules
14
pertaining
to
executions,
including
rules
pertaining
to
the
15
witnessing
of
executions.
16
A
person
who
is
sentenced
to
death,
but
who
is
pregnant
when
17
the
warrant
of
execution
is
issued,
is
not
to
be
executed
until
18
the
person
is
no
longer
pregnant.
A
procedure
is
also
provided
19
to
stay
execution
of
a
condemned
inmate
who
becomes
insane
20
after
conviction
but
before
execution.
21
An
employee
of
the
state
shall
not
be
required
to
perform
or
22
assist
in
any
execution
and
shall
not
be
discriminated
against
23
for
refusing
to
participate.
24
The
bill
may
include
a
state
mandate
as
defined
in
Code
25
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
26
subsection
3,
which
would
relieve
a
political
subdivision
from
27
complying
with
a
state
mandate
if
funding
for
the
cost
of
28
the
state
mandate
is
not
provided
or
specified.
Therefore,
29
political
subdivisions
are
required
to
comply
with
any
state
30
mandate
included
in
the
bill.
31
The
bill
contains
severability
provisions
and
takes
effect
32
January
1,
2022,
and
applies
only
to
offenses
committed
on
or
33
after
that
date.
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