Legislative Session number- 81

Bill Name: SF3820

Relating to crimeARTICLE 1 DEATH PENALTYAuthorizing and providing for court
imposition of the death penalty for conviction of murder in the first degree
while committing criminal sexual conduct in the first or second degree with
force or violence under aggravating circumstances; requiring notice by the
prosecuting attorney to the court and the defendant of the intent to seek the
death sentence in the event of conviction; requiring the court to order
appointment of counsel in death penalty cases, exception; excluding certain
cases from imposition of the death sentence, providing for certain mitigating
circumstances; requiring and providing for a separate sentencing proceeding to
impose the death penalty, specifying certain duties of the court and jury;
providing for court setting of the date of execution and for execution by lethal
injection, requiring the pronouncement of death by a licensed physician;
subjecting a sentence of death to automatic review by the supreme court,
procedure, specifying certain review guidelines, requiring notice to the
governor; requiring the supreme court to establish by rule a unified review
procedure to provide for presentation to the sentencing and supreme courts
possible challenges to the trial, conviction, sentence and detention of
defendants sentenced to death, procedure to govern pretrial and posttrial
appellate review of death penalty cases; requiring the supreme court to
establish by rule a series of checklists to be used by the trial court, the
prosecuting attorney and defense counsel before, during and after the trial to
assure consideration and assertion of all possible matters of defense; providing
for stay of execution of death by the governor in cases of mental illness or
pregnancy; providing for issuance of the death warrant by the governor after
notice from the supreme court of the upholding of the death sentence and for
reassignment of inmates with set aside death sentences from the death unit;
specifying certain duties of the commissioner of corrections in designating the
place of execution and of the chief executive officer of the designated maximum
security facility; classifying information relating to the identity and
compensation of the executioner; specifying certain execution witness
requirements; requiring signing and return of the death warrant after execution
to the governor and filing of an attested copy of the warrant with the court
administrator imposing the sentence; providing for warrant issuance by and
return to the supreme court under certain conditions; requiring the state to
reimburse counties for costs incurred in prosecuting cases involving the death
penalty; requiring attorney general prosecutorial assistance upon county
prosecutor request ARTICLE 2 CONFORMING AMENDMENTS Making conforming amendments
to certain statutory provisions relating to conditional release, sentences
available, parole or discharge, stay of sentence and the sentence for murder in
the first degree (mk)