Missouri 2022 Regular Session

Missouri House Bill HB2885

Introduced
3/1/22  

Caption

Establishes provisions relating to postconviction relief

Impact

The implementation of HB2885 would bring significant changes to the postconviction relief process in Missouri. By allowing individuals to challenge their convictions on the basis of newfound evidence, this bill aims to rectify potential miscarriages of justice. This could lead to a reassessment of previously decided cases, giving wrongfully convicted individuals an avenue for justice. The changes may affect a range of cases where individuals believe they were wrongfully convicted due to the lack of evidence or issues at their original trial.

Summary

House Bill 2885 seeks to amend Chapter 547 of the Revised Statutes of Missouri by introducing a new section, 547.380, that enables individuals in custody or under state supervision to raise a freestanding claim of actual innocence in postconviction actions. This bill allows courts to vacate or set aside prior judgments if there is clear and convincing evidence that undermines confidence in those judgments. In such claims, the court may consider new evidence not presented during the original trial or plea, as well as evidence from any subsequent appeals or postconviction proceedings.

Contention

As with most criminal justice reforms, HB2885 may face opposition on several grounds. Critics might argue that the subjective nature of 'clear and convincing' evidence could lead to inconsistent interpretations among judges, potentially complicating the justice process rather than simplifying it. Additionally, there may be concerns about the implications of reopening cases long after final judgments, which could lead to increased legal costs and a backlog in the court system. Nonetheless, supporters will likely advocate for the human rights aspect, emphasizing the importance of ensuring that innocent individuals are not unjustly punished.

Companion Bills

No companion bills found.

Previously Filed As

MO HB1169

Establishes provisions relating to postconviction relief to set aside a sentence of death

MO SB1201

Creates provisions relating to postconviction relief

MO LB59

Change provisions relating to limitations for a postconviction relief action

MO SB741

Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

MO HB223

Provides relative to postconviction relief

MO LB448

Provide for postconviction relief for a claim of actual innocence, change provisions relating to time limitations, required disclosures, and procedural defaults, and name the Postconviction Relief Act

MO HB1075

Establishes provisions relating to a freestanding claim of actual innocence in a postconviction action or proceeding challenging the validity of a judgment

MO AB813

Criminal procedure: postconviction relief.

MO AB2867

Criminal procedure: postconviction relief.

MO SB1035

Postconviction relief proceedings; hourly rate

Similar Bills

No similar bills found.