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SF 3820 Senate Long Description

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)