SB 426-1_ Filed 03/14/2002, 09:57
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 426
Citations Affected:
IC 35-50-2.
Synopsis: Death penalty. Conference committee report for ESB 426. Provides that an individual
less than 18 years of age may not receive a sentence of death. Requires a jury in a death penalty
or life without parole murder trial to enter each aggravating circumstance on a special verdict
form. Removes the jury override provision in a death penalty or life without parole proceeding.
(This conference committee report: (1) retains a provision in the current law that provides that,
if a jury is unable to make a sentencing recommendation in a death penalty or life without parole
murder trial, the court must discharge the jury and proceed as if the hearing had been to the court
alone; and (2) resolves a conflict with HEA 1012-2002.)
Effective: July 1, 2002.
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 426 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
SOURCE: Page 2, line 1; (02)CC042602.2. -->
Page 2, line 1, after "IC 35-50-2-9" insert ", AS AMENDED BY
HEA 1012-2002, SECTION 1,".
Page 4, delete lines 10 through 42, begin a new paragraph and insert:
"(d) If the defendant was convicted of murder in a jury trial, the jury
shall reconvene for the sentencing hearing. If the trial was to the court,
or the judgment was entered on a guilty plea, the court alone shall
conduct the sentencing hearing. The jury or the court may consider all
the evidence introduced at the trial stage of the proceedings, together
with new evidence presented at the sentencing hearing. The court shall
instruct the jury concerning the statutory penalties for murder and any
other offenses for which the defendant was convicted, the potential for
consecutive or concurrent sentencing, and the availability of good time
credit and clemency.
The court shall instruct the jury that, in order
for the jury to recommend to the court that the death penalty or
life imprisonment without parole should be imposed, the jury must
find at least one (1) aggravating circumstance beyond a reasonable
doubt as described in subsection (k) and shall provide a special
verdict form for each aggravating circumstance alleged. The
defendant may present any additional evidence relevant to:
(1) the aggravating circumstances alleged; or
(2) any of the mitigating circumstances listed in subsection (c).
(e)
For a defendant sentenced after June 30, 2002, except
as
provided by
IC 35-36-9
, if the hearing is by jury, the jury shall
recommend to the court whether the death penalty or life imprisonment
without parole, or neither, should be imposed. The jury may
recommend:
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsection (k).
The court shall
make the final determination of the sentence, after considering the
jury's recommendation, and the sentence shall be based on the same
standards that the jury was required to consider. The court is not bound
by the jury's recommendation. If the jury reaches a sentencing
recommendation, the court shall sentence the defendant
accordingly. After a court pronounces sentence, a representative of the
victim's family and friends may present a statement regarding the
impact of the crime on family and friends. The impact statement may
be submitted in writing or given orally by the representative. The
statement shall be given in the presence of the defendant.
(f) If a jury is unable to agree on a sentence recommendation after
reasonable deliberations, the court shall discharge the jury and proceed
as if the hearing had been to the court alone.".
Page 5, delete lines 1 through 10.
(Reference is to ESB 426 as reprinted February 26, 2002.)
Conference Committee Report
on
Engrossed Senate Bill 426
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