Iowa Capital Punishment Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 15, 2024

For now, 27 states have the death penalty. Iowa is not one of them.

Iowa abolished capital punishment in 1965. Although there have been many attempts at reinstating the death penalty, lawmakers in Iowa have not yet reinstated it. This may change with a new bill proposing reinstatement of the death penalty in limited cases.

While current state law doesn't allow for capital punishment in the Hawkeye State, we will review the history of the death penalty in Iowa. We will also discuss House Bill 3085, which proposes that the Iowa legislature reinstate capital punishment in cases where the defendant killed a peace officer or prison employee.

History of Capital Punishment in Iowa

According to the Death Penalty Information Center, the Iowa state legislature allowed capital punishment from 1834 to 1872. The method of execution in Iowa was by hanging. In 1872, Quaker and Unitarian groups in opposition to the death penalty successfully lobbied to abolish the death penalty.

In 1878, the government reinstated capital punishment due to increased local crime and an economic depression. The legislature also thought that reinstating the death penalty would put an end to vigilantism on the part of lynch mobs.

In 1964, Democratic Gov. Harold Hughes once again abolished the death penalty in Iowa. Since then, politicians in Iowa have tried to reinstate capital punishment, at least in limited circumstances.

None of these recent attempts have been successful. But on Jan. 29, 2024, lawmakers advanced Iowa House Bill 3085 to the Senate Judiciary Committee. Only time will tell if the Iowa Senate will pass this bill.

Iowa Bill 3085 and Reinstatement of the Death Penalty

In January 2024, Republican Sen. Brad Zaun proposed a bill to the General Assembly to reinstate the death penalty in Iowa. Senate Study Bill 3085 would reinstate the death penalty in first-degree murder cases involving police officers and correctional officers.

When the assembly wrapped up at the end of the month, both houses voted to advance the bill to a subcommittee. As of October 2024, there is no update on the bill's status.

It is worth noting that the Des Moines Register reports that Republicans proposed a similar bill in 2023. State Sen. Tony Bisignano (D-Des Moines) opposed the bill and said it had no hope of surviving a vote on the senate floor. He was right.

Capital Punishment in America

Over the last 30 years, there has been a heated debate among Iowa lawmakers about whether the death penalty should return to the state. Iowa isn't alone in this debate, as the issue of capital murder remains a hotly contested issue in American politics.

While there are staunch supporters of the death penalty, the use of executions has declined over the past several decades. Most jurists and the public seem split between a preference for the death penalty versus life imprisonment.

Many states that still apply a sentence of death are in the South, such as Missouri, Texas, and Florida. States that have recently abolished the death penalty include New Mexico, Washington, and New York.