Senate File 448 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1185)
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A BILL FOR
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Senate File 448
AN ACT
RELATING TO THE COMMISSION OF A CLASS "A" FELONY BY A PERSON
UNDER EIGHTEEN YEARS OF AGE, PROVIDING PENALTIES, AND
INCLUDING EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 902.1, subsection 2, Code 2015, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. a. Notwithstanding subsection 1, a defendant convicted
of murder in the first degree in violation of section 707.2,
and who was under the age of eighteen at the time the offense
was committed shall receive one the following sentences:
(1) Commitment to the director of the department of
corrections for the rest of the defendant's life with no
possibility of parole unless the governor commutes the sentence
to a term of years.
(2) Commitment to the custody of the director of the
department of corrections for the rest of the defendant's life
with the possibility of parole after serving a minimum term of
confinement as determined by the court.
(3) Commitment to the custody of the director of the
department of corrections for the rest of the defendant's life
with the possibility of parole.
b. (1) The prosecuting attorney shall provide reasonable
notice to the defendant, after conviction and prior to
sentencing, of the state's intention to seek a life sentence
with no possibility of parole under paragraph "a", subparagraph
(1).
(2) In determining which sentence to impose, the court shall
consider all circumstances including but not limited to the
following:
(a) The impact of the offense on each victim, as defined in
section 915.10, through the use of a victim impact statement,
as defined in section 915.10, under any format permitted by
section 915.13. The victim impact statement may include
comment on the sentence of the defendant.
(b) The impact of the offense on the community.
(c) The threat to the safety of the public or any individual
posed by the defendant.
(d) The degree of participation in the murder by the
defendant.
(e) The nature of the offense.
(f) The defendant's remorse.
(g) The defendant's acceptance of responsibility.
(h) The severity of the offense, including any of the
following:
(i) The commission of the murder while participating in
another felony.
(ii) The number of victims.
(iii) The heinous, brutal, cruel manner of the murder,
including whether the murder was the result of torture.
(i) The capacity of the defendant to appreciate the
criminality of the conduct.
(j) Whether the ability to conform the defendant's conduct
with the requirements of the law was substantially impaired.
(k) The level of maturity of the defendant.
(l) The intellectual and mental capacity of the defendant.
(m) The nature and extent of any prior juvenile delinquency
or criminal history of the defendant, including the success or
failure of previous attempts at rehabilitation.
(n) The mental health history of the defendant.
(o) The level of compulsion, duress, or influence exerted
upon the defendant, but not to such an extent as to constitute
a defense.
(p) The likelihood of the commission of further offenses by
the defendant.
(q) The chronological age of the defendant and the features
of youth, including immaturity, impetuosity, and failure to
appreciate risks and consequences.
(r) The family and home environment that surrounded the
defendant.
(s) The circumstances of the murder including the extent
of the defendant's participation in the conduct and the way
familial and peer pressure may have affected the defendant.
(t) The competencies associated with youth, including but
not limited to the defendant's inability to deal with peace
officers or the prosecution or the defendant's incapacity to
assist the defendant's attorney in the defendant's defense.
(u) The possibility of rehabilitation.
(v) Any other information considered relevant by the
sentencing court.
Sec. 2. Section 902.1, Code 2015, is amended by adding the
following new subsections:
NEW SUBSECTION. 3. a. Notwithstanding subsections 1 and 2,
a defendant convicted of a class "A" felony, other than murder
in the first degree in violation of section 707.2, and who was
under the age of eighteen at the time the offense was committed
shall receive one of the following sentences:
(1) Commitment to the custody of the director of the
department of corrections for the rest of the defendant's life
with the possibility of parole after serving a minimum term of
confinement as determined by the court.
(2) Commitment to the custody of the director of the
department of corrections for the rest of the defendant's life
with the possibility of parole.
b. In determining which sentence to impose, the court shall
consider all circumstances including but not limited to the
following:
(1) The impact of the offense on each victim, as defined in
section 915.10, through the use of a victim impact statement,
as defined in section 915.10, under any format permitted by
section 915.13. The victim impact statement may include
comment on the sentence of the defendant.
(2) The impact of the offense on the community.
(3) The threat to the safety of the public or any individual
posed by the defendant.
(4) The degree of participation in the offense by the
defendant.
(5) The nature of the offense.
(6) The defendant's remorse.
(7) The defendant's acceptance of responsibility.
(8) The severity of the offense, including any of the
following:
(a) The commission of the offense while participating in
another felony.
(b) The number of victims.
(c) The heinous, brutal, cruel manner of the offense,
including whether the offense involved torture.
(9) The capacity of the defendant to appreciate the
criminality of the conduct.
(10) Whether the ability to conform the defendant's conduct
with the requirements of the law was substantially impaired.
(11) The level of maturity of the defendant.
(12) The intellectual and mental capacity of the defendant.
(13) The nature and extent of any prior juvenile delinquency
or criminal history of the defendant, including the success or
failure of previous attempts at rehabilitation.
(14) The mental health history of the defendant.
(15) The level of compulsion, duress, or influence exerted
upon the defendant, but not to such an extent as to constitute
a defense.
(16) The likelihood of the commission of further offenses
by the defendant.
(17) The chronological age of the defendant and the features
of youth, including immaturity, impetuosity, and failure to
appreciate risks and consequences.
(18) The family and home environment that surrounded the
defendant.
(19) The circumstances of the offense including the extent
of the defendant's participation in the conduct and the way the
familial and peer pressure may have affected the defendant.
(20) The competencies associated with youth, including but
not limited to the defendant's inability to deal with peace
officers or the prosecution or the defendant's incapacity to
assist the defendant's attorney in the defendant's defense.
(21) The possibility of rehabilitation.
(22) Any other information considered relevant by the
sentencing court.
NEW SUBSECTION. 4. If a defendant is paroled pursuant to
subsection 2 or 3, the defendant shall be subject to the same
set of procedures set out in chapters 901B, 905, 906, and 908,
and rules adopted under those chapters for persons on parole.
Sec. 3. Section 903A.2, subsection 5, Code 2015, is amended
to read as follows:
5. Earned time accrued by inmates serving life sentences
imposed under section 902.1 shall not reduce the life sentence,
but or any mandatory minimum sentence imposed under section
902.1, except that earned time accrued shall be credited
against the inmate's life sentence if the life sentence is
commuted to a term of years under section 902.2, but shall not
reduce any mandatory minimum sentence imposed under section
902.1.
Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
Sec. 5. APPLICABILITY. The sentencing provisions of this
Act shall apply to a person who was convicted of a class "A"
felony prior to, on, or after the effective date of this Act
and who was under the age of eighteen at the time the offense
was committed.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 448, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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