Missouri 2025 Regular Session

Missouri Senate Bill SB225 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 225
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR COLEMAN.
8	8	0451S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 565.030, RSMo, and to enact in lieu thereof one new section relating to jury
11	11	instructions for the offense of murder in the first degree.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 565.030, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 565.030, 2
16	16	to read as follows:3
17	17	565.030. 1. Where murder in the first degree is 1
18	18	charged but not submitted or where the state waives the 2
19	19	death penalty, the submission to the trier and all 3
20	20	subsequent proceedings in the case shall proceed as in all 4
21	21	other criminal cases. 5
22	22	2. Where murder in the first degree is submitted to 6
23	23	the trier without a waiver of the death penalty, the trial 7
24	24	shall proceed in two stages before the same trier. At the 8
25	25	first stage the trier shall decide only whether the 9
26	26	defendant is guilty or not g uilty of any submitted offense. 10
27	27	The issue of punishment shall not be submitted to the trier 11
28	28	at the first stage. If an offense is charged other than 12
29	29	murder in the first degree in a count together with a count 13
30	30	of murder in the first degree, the trial j udge shall assess 14
31	31	punishment on any such offense according to law, after the 15
32	32	defendant is found guilty of such offense and after he finds 16
33	33	the defendant to be a prior offender pursuant to chapter 558. 17 SB 225 2
34	34	3. If murder in the first degree is submitted a nd the 18
35	35	death penalty was not waived but the trier finds the 19
36	36	defendant guilty of a lesser homicide, a second stage of the 20
37	37	trial shall proceed as in all other criminal cases. The 21
38	38	attorneys may then argue as in other criminal cases the 22
39	39	issue of punishment, after which the trier shall assess and 23
40	40	declare the punishment as in all other criminal cases. 24
41	41	4. If the trier at the first stage of a trial where 25
42	42	the death penalty was not waived finds the defendant guilty 26
43	43	of murder in the first degree, a seco nd stage of the trial 27
44	44	shall proceed at which the only issue shall be the 28
45	45	punishment to be assessed and declared. Evidence in 29
46	46	aggravation and mitigation of punishment, including but not 30
47	47	limited to evidence supporting any of the aggravating or 31
48	48	mitigating circumstances listed in subsection 2 or 3 of 32
49	49	section 565.032, may be presented subject to the rules of 33
50	50	evidence at criminal trials. Such evidence may include, 34
51	51	within the discretion of the court, evidence concerning the 35
52	52	murder victim and the impact of the offense upon the family 36
53	53	of the victim and others. Rebuttal and surrebuttal evidence 37
54	54	may be presented. The state shall be the first to proceed. 38
55	55	If the trier is a jury it shall be instructed on the law. 39
56	56	The attorneys may then argue the issue o f punishment to the 40
57	57	jury, and the state shall have the right to open and close 41
58	58	the argument. The trier shall assess and declare the 42
59	59	punishment at life imprisonment without eligibility for 43
60	60	probation, parole, or release except by act of the governor: 44
61	61	(1) If the trier finds by a preponderance of the 45
62	62	evidence that the defendant is intellectually disabled; or 46
63	63	(2) If the trier does not find beyond a reasonable 47
64	64	doubt at least one of the statutory aggravating 48
65	65	circumstances set out in subsection 2 of section 565.032; or 49 SB 225 3
66	66	(3) If the trier concludes that there is evidence in 50
67	67	mitigation of punishment, including but not limited to 51
68	68	evidence supporting the statutory mitigating circumstances 52
69	69	listed in subsection 3 of section 565.032, which is 53
70	70	sufficient to outweigh the evidence in aggravation of 54
71	71	punishment found by the trier; or 55
72	72	(4) If the trier decides under all of the 56
73	73	circumstances not to assess and declare the punishment at 57
74	74	death. If the trier is a jury it shall be so instructed. 58
75	75	If the trier assesses and declares the punishment at death 59
76	76	it shall, in its findings or verdict, set out in writing the 60
77	77	aggravating circumstance or circumstances listed in 61
78	78	subsection 2 of section 565.032 which it found beyond a 62
79	79	reasonable doubt. If the trier is a jury it shall be 63
80	80	instructed before the case is submitted that if it is unable 64
81	81	to decide or agree upon the punishment the court shall 65
82	82	assess and declare the punishment at life imprisonment 66
83	83	without eligibility for probation, parole, or release except 67
84	84	by act of the governor [or death]. The court shall follow 68
85	85	the same procedure as set out in this section whenever it is 69
86	86	required to determine punishment for murder in the first 70
87	87	degree. 71
88	88	5. Upon written agreement of the parties and with 72
89	89	leave of the court, the issue of the defendant's 73
90	90	intellectual disability may be taken up by the court and 74
91	91	decided prior to trial without prejudicing the defendant's 75
92	92	right to have the issue submitted to the trier of fact as 76
93	93	provided in subsection 4 of this section. 77
94	94	6. As used in this section, the terms "intellectual 78
95	95	disability" or "intellectually disabled" refer to a 79
96	96	condition involving substantial limitations in general 80 SB 225 4
97	97	functioning characterized by significantly subaverage 81
98	98	intellectual functionin g with continual extensive related 82
99	99	deficits and limitations in two or more adaptive behaviors 83
100	100	such as communication, self -care, home living, social 84
101	101	skills, community use, self -direction, health and safety, 85
102	102	functional academics, leisure and work, which conditions are 86
103	103	manifested and documented before eighteen years of age. 87
104	104	7. The provisions of this section shall only govern 88
105	105	offenses committed on or after August 28, 2001. 89
106	106	