Legislation to toughen up on terrorism and put the death penalty back on Iowa’s books is making its way through the state senate.

Two senate study bills sponsored by Sen. Gene Maddox, R-Clive, are pending in the Senate Judiciary Committee. Prompted by the Sept. 11 terrorist attacks and other states’ recent legislation, one bill would broaden Iowa’s definition of terrorism, he said, while the other combines the new definition with reinstatement of the death penalty.

Iowa is one of 12 states without the death penalty. It hasn’t held an execution since Charles Kelly was hanged in 1962. Proposals to reinstate the death penalty have been defeated by the senate four times since 1991.

On Sept. 18, the New York Legislature held a special session to enact a broad anti-terrorism law and expand the scope of the state’s death penalty, according to the New York Law Journal. Maddox thinks Iowa should follow suit.

“Right now, our code section on terrorism is unclear,” said Maddox, chairman of the judiciary committee. “If we’re going to have [a death penalty], I think certainly the terrorism situation is an example of where we might want to have it.

“I’m not convinced that the death penalty is a deterrent for these people who planned [the attacks]. But I do think it was important with this occurrence to at least have on the floor for potential 0 and comment this particular bill.”

Sen. Johnie Hammond said she doesn’t think the national tragedy would be enough to change senators’ minds.

“I don’t look around the chamber and see a significant difference in the composition of the senate,” said Hammond, D-Ames. “I just don’t see that there is that great a difference.”

Hammond, who also is a member of the judiciary committee, said she would vote against the death penalty “under any and every circumstance.”

And, according to one informal poll, it seems most Iowans would agree with her.

A poll asking Iowan’s opinions about adding the death penalty to Iowa law is posted on Maddox’s Web site, www.senatorgenemaddox.com.

According to poll results Wednesday night, only a quarter of respondents – 417 of the 1,654 who cast votes – were in favor of reinstating the death penalty.

More than 73 percent – or 1,216 people – said the Legislature should not reinstate the death penalty. About 1 percent – 21 votes – were undecided.

Jonathan Mullin, junior in biochemistry, said he’s in the majority.

“I feel it’s a mistake to link the high emotions associated with terrorism to such a controversial issue as the death penalty,” said Mullin, co-president of the ISU chapter of the American Civil Liberties Union.

“The ACLU is definitely against the death penalty in general.”

Adam Patridge, junior in computer science, said he’d like to see it back on the books.

“When someone does something that horrific, they should be kept from doing it again,” he said.

“If we’re paying for them for the rest of their life, it’s kind of a smack to the people.”

With a shorter legislative session this year, Maddox said he doubts his bills will receive lengthy debate on the Senate floor.

“My sense is that the leadership is not going to be too exuberant about getting involved in the middle of a death penalty debate,” he said. “But I never rule anything out.”

Read the full text of Senate Study Bill 3023 on the Iowa Legislature Web site, www.legis.state.ia.us.