Missouri 2025 Regular Session

Missouri Senate Bill SB741 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. 741
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHROER.
8	8	2974S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 547.370, RSMo, and to enact in lieu thereof one new section relating to the death
11	11	penalty.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 547.370, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 547.370, 2
16	16	to read as follows:3
17	17	547.370. 1. [When a motion is filed as provided in 1
18	18	section 547.360 to set aside a sentence of death, ] Whenever 2
19	19	the death penalty is imposed in any case, the circuit court 3
20	20	shall, at the time it imposes sentence and judgment, find on 4
21	21	the record whether the [movant] defendant is indigent. If 5
22	22	the [movant] defendant is indigent, the court shall , without 6
23	23	delay, cause to be appointed two counsel to represent the 7
24	24	[movant] defendant in the preparation and litigation of a 8
25	25	defendant's motion under Missouri supreme court rule 24.035 9
26	26	or 29.15. If [movant] the defendant seeks to reject the 10
27	27	appointment of counsel, the court shall find on the record, 11
28	28	after a hearing[,] if necessary, whether the [movant] 12
29	29	defendant is able to competently decide whether to accept or 13
30	30	reject the appointment a nd whether the [movant] defendant 14
31	31	rejected the offer with the understanding of its legal 15
32	32	consequences. Unless the [movant] defendant is so competent 16
33	33	and understands the legal consequences, [movant] defendant 17
34	34	shall not be permitted to reject the appoin tment of 18 SB 741 2
35	35	counsel. If the defendant is not indigent, the court may 19
36	36	enter an order denying the appointment of counsel. 20
37	37	2. All counsel appointed as provided in this section 21
38	38	shall be members of The Missouri Bar or shall be admitted to 22
39	39	practice in the particular case as provided in Missouri 23
40	40	supreme court rule 9. At least one of the counsel shall 24
41	41	meet the following qualifications: 25
42	42	(1) Have attended and successfully completed within 26
43	43	two years immediately preceding the appointment at least 27
44	44	twelve hours of training or educational programs on the 28
45	45	postconviction phase of a criminal case and federal and 29
46	46	state aspects of cases in which the death penalty is sought; 30
47	47	and 31
48	48	(2) Have at least three years litigation experience in 32
49	49	the field of criminal law and three years litigation 33
50	50	experience in the field of postconviction law ; and 34
51	51	(3) Have participated as counsel or co -counsel to 35
52	52	final judgment in at least five postconviction motions 36
53	53	involving class A felonies in either state or federal t rial 37
54	54	courts; [and] 38
55	55	(4) Have participated in either state or federal court 39
56	56	as counsel or co-counsel to final judgment in at least: 40
57	57	(a) Three felony jury trials; or 41
58	58	(b) Five direct criminal appeals in felony cases ; and 42
59	59	(5) Have been a member of the Missouri Bar for a 43
60	60	period of at least five years. 44
61	61	Upon a showing of good cause, the circuit court may appoint 45
62	62	other counsel whose background, knowledge, or experience 46
63	63	would otherwise enable the counsel to properly represent the 47
64	64	defendant in any motion made under Missouri supreme court 48
65	65	rule 24.035 or 29.15, with due consideration of the 49 SB 741 3
66	66	seriousness of the penalty and the unique and complex nature 50
67	67	of the litigation. 51
68	68	Counsel shall certify to the state public defender in such 52
69	69	form as the defender may require that counsel meets the 53
70	70	qualifications of this section prior to filing counsel's 54
71	71	entry of appearance in the case. 55
72	72	3. Counsel appointed to represent the [movant] 56
73	73	defendant shall not have represented the [movant] defendant 57
74	74	at trial [or on], and shall not represent the defendant in 58
75	75	the direct appeal therefrom. 59
76	76	4. As to any counsel appointed as provided in this 60
77	77	section, the state public defender shall provide counsel 61
78	78	with reasonable compensation and shall provide reaso nable 62
79	79	and necessary litigation expenses. 63
80	80	5. This section shall apply whenever the death penalty 64
81	81	is imposed in any case and to any motions under Missouri 65
82	82	supreme court rule 24.035 or 29.15 filed by a defendant 66
83	83	challenging a sentence of death. 67
84	84	6. The state shall comply with any additional 68
85	85	requirements in 28 U.S.C. Section 2261 and 2265 and 28 CFR 69
86	86	Section 26.22 that are not specifically contained in this 70
87	87	section. 71
88	88	