EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 741
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
2974S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 547.370, RSMo, and to enact in lieu thereof one new section relating to the death
penalty.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 547.370, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 547.370, 2
to read as follows:3
547.370. 1. [When a motion is filed as provided in 1
section 547.360 to set aside a sentence of death, ] Whenever 2
the death penalty is imposed in any case, the circuit court 3
shall, at the time it imposes sentence and judgment, find on 4
the record whether the [movant] defendant is indigent. If 5
the [movant] defendant is indigent, the court shall , without 6
delay, cause to be appointed two counsel to represent the 7
[movant] defendant in the preparation and litigation of a 8
defendant's motion under Missouri supreme court rule 24.035 9
or 29.15. If [movant] the defendant seeks to reject the 10
appointment of counsel, the court shall find on the record, 11
after a hearing[,] if necessary, whether the [movant] 12
defendant is able to competently decide whether to accept or 13
reject the appointment a nd whether the [movant] defendant 14
rejected the offer with the understanding of its legal 15
consequences. Unless the [movant] defendant is so competent 16
and understands the legal consequences, [movant] defendant 17
shall not be permitted to reject the appoin tment of 18 SB 741 2
counsel. If the defendant is not indigent, the court may 19
enter an order denying the appointment of counsel. 20
2. All counsel appointed as provided in this section 21
shall be members of The Missouri Bar or shall be admitted to 22
practice in the particular case as provided in Missouri 23
supreme court rule 9. At least one of the counsel shall 24
meet the following qualifications: 25
(1) Have attended and successfully completed within 26
two years immediately preceding the appointment at least 27
twelve hours of training or educational programs on the 28
postconviction phase of a criminal case and federal and 29
state aspects of cases in which the death penalty is sought; 30
and 31
(2) Have at least three years litigation experience in 32
the field of criminal law and three years litigation 33
experience in the field of postconviction law ; and 34
(3) Have participated as counsel or co -counsel to 35
final judgment in at least five postconviction motions 36
involving class A felonies in either state or federal t rial 37
courts; [and] 38
(4) Have participated in either state or federal court 39
as counsel or co-counsel to final judgment in at least: 40
(a) Three felony jury trials; or 41
(b) Five direct criminal appeals in felony cases ; and 42
(5) Have been a member of the Missouri Bar for a 43
period of at least five years. 44
Upon a showing of good cause, the circuit court may appoint 45
other counsel whose background, knowledge, or experience 46
would otherwise enable the counsel to properly represent the 47
defendant in any motion made under Missouri supreme court 48
rule 24.035 or 29.15, with due consideration of the 49 SB 741 3
seriousness of the penalty and the unique and complex nature 50
of the litigation. 51
Counsel shall certify to the state public defender in such 52
form as the defender may require that counsel meets the 53
qualifications of this section prior to filing counsel's 54
entry of appearance in the case. 55
3. Counsel appointed to represent the [movant] 56
defendant shall not have represented the [movant] defendant 57
at trial [or on], and shall not represent the defendant in 58
the direct appeal therefrom. 59
4. As to any counsel appointed as provided in this 60
section, the state public defender shall provide counsel 61
with reasonable compensation and shall provide reaso nable 62
and necessary litigation expenses. 63
5. This section shall apply whenever the death penalty 64
is imposed in any case and to any motions under Missouri 65
supreme court rule 24.035 or 29.15 filed by a defendant 66
challenging a sentence of death. 67
6. The state shall comply with any additional 68
requirements in 28 U.S.C. Section 2261 and 2265 and 28 CFR 69
Section 26.22 that are not specifically contained in this 70
section. 71