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 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.
       LSB 2259SV (3) 86
       jm/rj