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H0171...................................by JUDICIARY, RULES AND ADMINISTRATION
DEATH PENALTY - Amends and adds to existing law to provide an exception to
death penalty eligibility; and to set forth provisions applicable to first
degree murder proceedings in cases where the defendant is mentally retarded.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 61-2-7
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Ridinger, Ring, Ringo, Roberts,
Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Bieter, Robison
Absent and excused -- Bedke, Gagner, Kellogg, Raybould, Sali, Stevenson,
Wood
Floor Sponsor - Field(18)
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
Werk, Williams
NAYS -- None
Absent and excused -- Davis, Marley, Sorensen
Floor Sponsor - Darrington
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 136
Effective: 03/27/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 171
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO MURDER; AMENDING SECTION 18-4004, IDAHO CODE, AS AMENDED BY SENATE
3 BILL 1001, ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-SEVENTH IDAHO
4 LEGISLATURE, TO PROVIDE A CODE REFERENCE; AMENDING SECTION 19-2126, IDAHO
5 CODE, AS AMENDED BY SENATE BILL 1001, ENACTED BY THE FIRST REGULAR SESSION
6 OF THE FIFTY-SEVENTH IDAHO LEGISLATURE, TO PROVIDE A CODE REFERENCE;
7 AMENDING SECTION 19-2515, IDAHO CODE, AS AMENDED BY SENATE BILL 1001,
8 ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-SEVENTH IDAHO LEGISLA-
9 TURE, TO PROVIDE AN EXCEPTION TO DEATH PENALTY ELIGIBILITY; AND AMENDING
10 CHAPTER 25, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
11 19-2515A, IDAHO CODE, TO SET FORTH PROVISIONS APPLICABLE TO FIRST-DEGREE
12 MURDER PROCEEDINGS IN CASES WHERE THE DEFENDANT IS MENTALLY RETARDED; PRO-
13 VIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 18-4004, Idaho Code, as amended by Senate Bill
16 1001, enacted by the First Regular Session of the Fifty-seventh Idaho Legisla-
17 ture, be, and the same is hereby amended to read as follows:
18 18-4004. PUNISHMENT FOR MURDER. Subject to the provisions of sections
19 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first
20 degree shall be punished by death or by imprisonment for life, provided that a
21 sentence of death shall not be imposed unless the prosecuting attorney filed
22 written notice of intent to seek the death penalty as required under the pro-
23 visions of section 18-4004A, Idaho Code, and provided further that whenever
24 the death penalty is not imposed the court shall impose a sentence. If a jury,
25 or the court if a jury is waived, finds a statutory aggravating circumstance
26 beyond a reasonable doubt but finds that the imposition of the death penalty
27 would be unjust, the court shall impose a fixed life sentence. If a jury, or
28 the court if a jury is waived, does not find a statutory aggravating circum-
29 stance beyond a reasonable doubt or if the death penalty is not sought, the
30 court shall impose a life sentence with a minimum period of confinement of not
31 less than ten (10) years during which period of confinement the offender shall
32 not be eligible for parole or discharge or credit or reduction of sentence for
33 good conduct, except for meritorious service. Every person guilty of murder of
34 the second degree is punishable by imprisonment not less than ten (10) years
35 and the imprisonment may extend to life.
36 SECTION 2. That Section 19-2126, Idaho Code, as amended by Senate Bill
37 1001, enacted by the First Regular Session of the Fifty-seventh Idaho Legisla-
38 ture, be, and the same is hereby amended to read as follows:
39 19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to try any felony
40 may, at any time during the trial, and after the submission of the cause, in
41 the discretion of the court, be permitted to separate, or they may be kept
2
1 together, in the charge of a proper officer. Provided however, that in causes
2 where the defendant has been charged with first-degree murder, the jury may
3 not be permitted to separate after submission of the cause and completion of
4 the special sentencing proceeding held pursuant to section 19-2515 or
5 19-2515A, Idaho Code. Before permitting the jury to separate after the cause
6 has been submitted, the court shall permit counsel to place objections, if
7 any, on the record outside the presence of the jury. In case the court orders
8 the jury to be kept together the county must provide a suitable place for the
9 board and lodging of the jury, at the expense of the county, and when first
10 given custody of the jury the officer or bailiff must be sworn to keep the
11 jury together during each recess and adjournment during the trial; to allow no
12 person to speak to or communicate with them, or any of them, nor to do so him-
13 self, on any subject connected with the trial, and to return them into court
14 as ordered by the court.
15 SECTION 3. That Section 19-2515, Idaho Code, as amended by Senate Bill
16 1001, enacted by the First Regular Session of the Fifty-seventh Idaho Legisla-
17 ture, be, and the same is hereby amended to read as follows:
18 19-2515. SENTENCE IN CAPITAL CASES -- SPECIAL SENTENCING PROCEEDING --
19 STATUTORY AGGRAVATING CIRCUMSTANCES -- SPECIAL VERDICT OR WRITTEN FINDINGS.
20 (1) Except as provided in section 19-2515A, Idaho Code, aA person convicted of
21 murder in the first degree shall be liable for the imposition of the penalty
22 of death if such person killed, intended a killing, or acted with reckless
23 indifference to human life, irrespective of whether such person directly com-
24 mitted the acts that caused death.
25 (2) Where a person is sentenced to serve a term in the penitentiary,
26 after conviction of a crime which falls within the provisions of section
27 20-223, Idaho Code, except in cases where the court retains jurisdiction, the
28 comments and arguments of the counsel for the state and the defendant relative
29 to the sentencing and the comments of the judge relative to the sentencing
30 shall be recorded. If the comments are recorded electronically, they need not
31 be transcribed. Otherwise, they shall be transcribed by the court reporter.
32 (3) Where a person is convicted of an offense which may be punishable by
33 death, a sentence of death shall not be imposed unless:
34 (a) A notice of intent to seek the death penalty was filed and served as
35 provided in section 18-4004A, Idaho Code; and
36 (b) The jury, or the court if a jury is waived, finds beyond a reasonable
37 doubt at least one (1) statutory aggravating circumstance. Where a statu-
38 tory aggravating circumstance is found, the defendant shall be sentenced
39 to death unless mitigating circumstances which may be presented are found
40 to be sufficiently compelling that the death penalty would be unjust. The
41 jury shall not direct imposition of a sentence of death unless it unani-
42 mously finds at least one (1) statutory aggravating circumstance and unan-
43 imously determines that the penalty of death should be imposed.
44 (4) Notwithstanding any court rule to the contrary, when a defendant is
45 adjudicated guilty of murder in the first degree, whether by acceptance of a
46 plea of guilty, by verdict of a jury, or by decision of the trial court sit-
47 ting without a jury, no presentence investigation shall be conducted; provided
48 however, that if a special sentencing proceeding is not held or if a special
49 sentencing proceeding is held but no statutory aggravating circumstance has
50 been proven beyond a reasonable doubt, the court may order that a presentence
51 investigation be conducted.
52 (5) (a) If a person is adjudicated guilty of murder in the first degree,
53 whether by acceptance of a plea of guilty, by verdict of a jury, or by
3
1 decision of the trial court sitting without a jury, and a notice of intent
2 to seek the death penalty was filed and served as provided in section
3 18-4004A, Idaho Code, a special sentencing proceeding shall be held
4 promptly for the purpose of hearing all relevant evidence and arguments of
5 counsel in aggravation and mitigation of the offense. The special sentenc-
6 ing proceeding shall be conducted before a jury unless a jury is waived by
7 the defendant with the consent of the prosecuting attorney.
8 (b) If the defendant's guilt was determined by a jury verdict, the same
9 jury shall hear the special sentencing proceeding; provided however, that
10 if it is impracticable to reconvene the same jury to hear the special sen-
11 tencing proceeding due to an insufficient number of jurors, the trial
12 court may dismiss that jury and convene a new jury of twelve (12) persons,
13 plus alternate jurors as the trial court deems necessary pursuant to sec-
14 tion 19-1904, Idaho Code.
15 (c) If the defendant's guilt was determined by a plea of guilty or by a
16 decision of the trial court sitting without a jury, or if a retrial of the
17 special sentencing proceeding is necessary for any reason including, but
18 not limited to, a mistrial in a previous special sentencing proceeding or
19 as a consequence of a remand from an appellate court, the trial court
20 shall impanel a jury of twelve (12) persons, plus alternate jurors as the
21 trial court deems necessary pursuant to section 19-1904, Idaho Code,
22 unless such jury is waived.
23 (d) If a special sentencing proceeding is conducted before a newly impan-
24 eled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of
25 this section, the state and the defense may present evidence to inform the
26 jury of the nature and circumstances of the murder for which the defendant
27 was convicted. The newly impaneled jury shall be instructed that the
28 defendant has previously been found guilty of first-degree murder and that
29 the jury's purpose is limited to making findings relevant for sentencing.
30 (6) At the special sentencing proceeding, the state and the defendant
31 shall be entitled to present all relevant evidence in aggravation and mitiga-
32 tion. Disclosure of evidence to be relied on in the sentencing proceeding
33 shall be made in accordance with Idaho criminal rule 16. Evidence admitted at
34 trial shall be considered and need not be repeated at the sentencing hearing.
35 (7) The jury shall be informed as follows:
36 (a) If the jury finds that a statutory aggravating circumstance exists
37 and no mitigating circumstances exist which would make the imposition of
38 the death penalty unjust, the defendant will be sentenced to death by the
39 court.
40 (b) If the jury finds the existence of a statutory aggravating circum-
41 stance but finds that the existence of mitigating circumstances makes the
42 imposition of the death penalty unjust or the jury cannot unanimously
43 agree on whether the existence of mitigating circumstances makes the impo-
44 sition of the death penalty unjust, the defendant will be sentenced to a
45 term of life imprisonment without the possibility of parole; and
46 (c) If the jury does not find the existence of a statutory aggravating
47 circumstance or if the jury cannot unanimously agree on the existence of a
48 statutory aggravating circumstance, the defendant will be sentenced by the
49 court to a term of life imprisonment with a fixed term of not less than
50 ten (10) years.
51 (8) Upon the conclusion of the evidence and arguments in mitigation and
52 aggravation:
53 (a) With regard to each statutory aggravating circumstance alleged by the
54 state, the jury shall return a special verdict stating:
55 (i) Whether the statutory aggravating circumstance has been proven
4
1 beyond a reasonable doubt; and
2 (ii) If the statutory aggravating circumstance has been proven
3 beyond a reasonable doubt, whether all mitigating circumstances, when
4 weighed against the aggravating circumstance, are sufficiently com-
5 pelling that the death penalty would be unjust.
6 (b) If a jury has been waived, the court shall:
7 (i) Make written findings setting forth any statutory aggravating
8 circumstance found beyond a reasonable doubt;
9 (ii) Set forth in writing any mitigating circumstances considered;
10 and
11 (iii) Upon weighing all mitigating circumstances against each statu-
12 tory aggravating circumstance separately, determine whether mitigat-
13 ing circumstances are found to be sufficiently compelling that the
14 death penalty would be unjust and detail in writing its reasons for
15 so finding.
16 (9) The following are statutory aggravating circumstances, at least one
17 (1) of which must be found to exist beyond a reasonable doubt before a sen-
18 tence of death can be imposed:
19 (a) The defendant was previously convicted of another murder.
20 (b) At the time the murder was committed the defendant also committed
21 another murder.
22 (c) The defendant knowingly created a great risk of death to many per-
23 sons.
24 (d) The murder was committed for remuneration or the promise of remunera-
25 tion or the defendant employed another to commit the murder for remunera-
26 tion or the promise of remuneration.
27 (e) The murder was especially heinous, atrocious or cruel, manifesting
28 exceptional depravity.
29 (f) By the murder, or circumstances surrounding its commission, the
30 defendant exhibited utter disregard for human life.
31 (g) The murder was committed in the perpetration of, or attempt to perpe-
32 trate, arson, rape, robbery, burglary, kidnapping or mayhem and the
33 defendant killed, intended a killing, or acted with reckless indifference
34 to human life.
35 (h) The defendant, by prior conduct or conduct in the commission of the
36 murder at hand, has exhibited a propensity to commit murder which will
37 probably constitute a continuing threat to society.
38 (i) The murder was committed against a former or present peace officer,
39 executive officer, officer of the court, judicial officer or prosecuting
40 attorney because of the exercise of official duty or because of the
41 victim's former or present official status.
42 (j) The murder was committed against a witness or potential witness in a
43 criminal or civil legal proceeding because of such proceeding.
44 SECTION 4. That Chapter 25, Title 19, Idaho Code, be, and the same is
45 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
46 ignated as Section 19-2515A, Idaho Code, and to read as follows:
47 19-2515A. IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PRO-
48 HIBITED. (1) As used in this section:
49 (a) "Mentally retarded" means significantly subaverage general intellec-
50 tual functioning that is accompanied by significant limitations in adap-
51 tive functioning in at least two (2) of the following skill areas: commu-
52 nication, self-care, home living, social or interpersonal skills, use of
53 community resources, self-direction, functional academic skills, work,
5
1 leisure, health and safety. The onset of significant subaverage general
2 intelligence functioning and significant limitations in adaptive function-
3 ing must occur before age eighteen (18) years.
4 (b) "Significantly subaverage general intellectual functioning" means an
5 intelligence quotient of seventy (70) or below.
6 (2) In any case in which the state has provided notice of an intent to
7 seek the death penalty pursuant to section 18-4004A, Idaho Code, and where the
8 defendant intends to claim that he is mentally retarded and call expert wit-
9 nesses concerning such issue, the defendant shall give notice to the court and
10 the state of such intention at least ninety (90) days in advance of trial, or
11 such other period as justice may require, and shall apply for an order direct-
12 ing that a mental retardation hearing be conducted. Upon receipt of such
13 application, the court shall promptly conduct a hearing without a jury to
14 determine whether the defendant is mentally retarded; provided however, that
15 no court shall, over the objection of any party, receive the evidence of any
16 expert witness on the issue of mental retardation unless such evidence is
17 fully subject to the adversarial process in at least the following particu-
18 lars:
19 (a) If a defendant fails to provide notice as required in this subsec-
20 tion, an expert witness shall not be permitted to testify until such time
21 as the state has a complete opportunity to consider the substance of such
22 testimony and prepare for rebuttal through such opposing experts as the
23 state may choose.
24 (b) A party who expects to call an expert witness to testify on the issue
25 of mental retardation shall, on a schedule to be set by the court, furnish
26 to the opposing party a written synopsis of the findings of such expert or
27 a copy of a written report. The court may authorize the taking of deposi-
28 tions to inquire further into the substance of such synopsis or report.
29 (c) Raising the issue of mental retardation shall constitute a waiver of
30 any privilege that might otherwise be interposed to bar the production of
31 evidence on the subject and, upon request, the court shall order that the
32 state's experts shall have access to the defendant in such cases for the
33 purpose of having its own experts conduct an examination in preparation
34 for any legal proceeding at which the defendant's mental retardation may
35 be in issue.
36 (d) The court is authorized to appoint at least one (1) expert at public
37 expense upon a showing by an indigent defendant that there is a need to
38 inquire into questions of the defendant's mental retardation. The defend-
39 ant shall pay the costs of examination if he is financially able. The
40 determination of ability to pay shall be made in accordance with chapter
41 8, title 19, Idaho Code. The report of the examination shall be filed in
42 triplicate with the clerk of the court, who shall cause copies to be
43 delivered to the prosecuting attorney and to counsel for the defendant.
44 (e) If an examination cannot be conducted by reason of the unwillingness
45 of the defendant to cooperate with either a court-appointed examiner or
46 with any state expert, the examiner or expert shall so advise the court in
47 writing and include, if possible, an opinion as to whether such
48 unwillingness of the defendant was the result of mental retardation. The
49 court may consider the defendant's lack of cooperation for its effect on
50 the credibility of the defendant's mental retardation claim.
51 (3) If the court finds by a preponderance of the evidence that the
52 defendant is mentally retarded, the death penalty shall not be imposed. The
53 jury shall not be informed of the mental retardation hearing or the court's
54 findings concerning the defendant's claim of mental retardation.
55 (4) In the event of a conviction of first-degree murder of a person who
6
1 has been found to be mentally retarded pursuant to subsections (2) and (3) of
2 this section, a special sentencing proceeding shall be held promptly to deter-
3 mine whether the state has proven beyond a reasonable doubt the existence of
4 any of the statutory aggravating circumstances set forth in subsections
5 19-2515(9)(a) through (j), Idaho Code.
6 (a) The special sentencing proceeding shall be conducted before a jury
7 unless a jury is waived by the defendant with the consent of the prosecut-
8 ing attorney.
9 (i) If the defendant's guilt was determined by a jury verdict, the
10 same jury shall hear the special sentencing proceeding; provided how-
11 ever, that if it is impracticable to reconvene the same jury to hear
12 the special sentencing proceeding due to an insufficient number of
13 jurors, the trial court may dismiss that jury and convene a new jury
14 of twelve (12) persons, plus alternate jurors as the trial court
15 deems necessary pursuant to section 19-1904, Idaho Code.
16 (ii) If the defendant's guilt was determined by a plea of guilty or
17 by a decision of the trial court sitting without a jury, or if a
18 retrial of the special sentencing proceeding is necessary for any
19 reason including, but not limited to, a mistrial in a previous spe-
20 cial sentencing proceeding or as a consequence of a remand from an
21 appellate court, the trial court shall impanel a jury of twelve (12)
22 persons, plus alternate jurors as the trial court deems necessary
23 pursuant to section 19-1904, Idaho Code, unless such jury is waived.
24 (iii) If a special sentencing proceeding is conducted before a newly
25 impaneled jury, the state and the defense may present evidence to
26 inform the jury of the nature and circumstances of the murder for
27 which the defendant was convicted. The newly impaneled jury shall be
28 instructed that the defendant has previously been found guilty of
29 first-degree murder and that the jury's purpose is limited to making
30 findings relevant for sentencing.
31 (b) At the special sentencing proceeding, the state and the defendant
32 shall be entitled to present all evidence relevant to the determination of
33 whether or not a statutory aggravating circumstance has been proven beyond
34 a reasonable doubt. Disclosure of evidence to be relied on in the sentenc-
35 ing proceeding shall be made in accordance with Idaho criminal rule 16.
36 Evidence admitted at trial shall be considered and need not be repeated at
37 the sentencing hearing.
38 (c) If a unanimous jury, or the court if a jury is waived, finds the
39 existence of a statutory aggravating circumstance beyond a reasonable
40 doubt, the court shall impose a fixed life sentence. If a unanimous jury,
41 or the court if a jury is waived, does not find the existence of a statu-
42 tory aggravating circumstance beyond a reasonable doubt, the court shall
43 impose a life sentence with a minimum period of confinement of not less
44 than ten (10) years during which period of confinement the defendant shall
45 not be eligible for parole or discharge or credit or reduction of sentence
46 for good conduct, except for meritorious service.
47 (5) Nothing in this section is intended to alter the application of any
48 rule of evidence or limit or extend the right of any party to assert any claim
49 or defense otherwise available to that party.
50 (6) Any remedy available by post-conviction procedure or habeas corpus
51 shall be pursued according to the procedures and time limits set forth in sec-
52 tion 19-2719, Idaho Code.
53 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
54 to be severable and if any provision of this act or the application of such
7
1 provision to any person or circumstance is declared invalid for any reason,
2 such declaration shall not affect the validity of the remaining portions of
3 this act.
4 SECTION 6. An emergency existing therefor, which emergency is hereby
5 declared to exist, this act shall be in full force and effect on and after its
6 passage and approval.
STATEMENT OF PURPOSE
RS 12913C1
The purpose of this legislation is to exempt from death penalty
eligibility persons who are mentally retarded, as dictated by the
United States Supreme Court in the 2002 Atkins v. Virginiadecision. Pursuant to this legislation, the issue of mental
retardation would be raised, and determined by the court,
pretrial. This legislation would also set forth a fixed life
term if the jury unanimously finds beyond a reasonable doubt any
statutory aggravating circumstances.
FISCAL IMPACT
County government will remain responsible for costs associated
with indigent defense. It is not anticipated that there will be
additional costs because it is the current standard of practice
to investigate, evaluate, and hire expert witnesses when
competency is an issue in a capital case. The majority of
counties will continue to access the Capital Crimes Defense Fund
to pay for the defense of an indigent defendant facing the death
penalty. The Capital Crimes Defense Fund is basically a county
funded and maintained self-insurance program to guard against the
catastrophic costs of paying for death penalty cases.
Contact
Name: Rep. Debbie Field
Phone: 332-1170
STATEMENT OF PURPOSE/FISCAL NOTE H 171