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:
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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 12 but or 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.
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