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SECOND REGULAR SESSION
HOUSE BILL NO. 2153
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURPHY .
5824H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 546.680, 546.690, 546.700, 546.710, 546.720, 546.730, 546.740, 546.750,
546.800, 546.810, 546.820, 557.021, 565.004, 565.005, 565.006, 565.020, 565.030,
565.032, 565.035, and 565.040, RSMo, and to enact in lieu thereof five new sections
relating to repealing the death penalty , with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 546.680, 546.690, 546.700, 546.710, 546.720, 546.730, 546.740,
2 546.750, 546.800, 546.810, 546.820, 557.021, 565.004, 565.005, 565.006, 565.020, 565.030,
3 565.032, 565.035, and 565.040, RSMo, are repealed and five new sections enacted in lieu
4 thereof, to be known as sections 557.021, 565.004, 565.006, 565.020, and 565.040, to read as
5 follows:
557.021. 1. Any of fense defined outside this code [ which ] that is declared to be a
2 misdemeanor without specification of the penalty therefor is a class A misdemeanor .
3 2. Any of fense defined outside this code [ which ] that is declared to be a felony
4 without specification of the penalty therefor is a class E felony .
5 3. For the purpose of applying the extended term provisions of section 558.016 and
6 the minimum prison term provisions of section 558.019 and for determining the penalty for
7 attempts, of fenses defined outside of this code shall be classified as follows:
8 (1) If the of fense is a felony:
9 (a) It is a class A felony if the authorized penalty includes [ death, ] life imprisonment ;
10 imprisonment for life without eligibility for prob ation, par ole, or release except by act of
11 the governor; or imprisonment for a term of twenty years or more;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
12 (b) It is a class B felony if the maximum term of imprisonment authorized exceeds
13 ten years but is less than twenty years;
14 (c) It is a class C felony if the maximum term of imprisonment authorized is ten
15 years;
16 (d) It is a class D felony if the maximum term of imprisonment exceeds four years but
17 is less than ten years;
18 (e) It is a class E felony if the maximum term of imprisonment is four years or less;
19 (2) If the of fense is a misdemeanor:
20 (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in
21 jail;
22 (b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but
23 is not more than six months;
24 (c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;
25 (d) It is a class D misdemeanor if it includes a mental state as an element of the
26 of fense and there is no authorized imprisonment;
27 (e) It is an infraction if there is no authorized imprisonment.
565.004. 1. Each homicide of fense [ which ] that is lawfully joined in the same
2 indictment or information together with any homicide of fense or offense other than a
3 homicide shall be char ged together with such of fense in separate counts. A count char ging
4 any offense of homicide may only be char ged and tried together with one or more counts of
5 any other homicide or offense other than a homicide as provided in subsection 2 of section
6 545.140. Except as provided in subsections 2[ , ] and 3[ , and 4 ] of this section, no murder in
7 the first degree of fense may be tried together with any of fense other than murder in the first
8 degree. In the event of a joinder of homicide of fenses, all of fenses char ged which are
9 supported by the evidence in the case, together with all proper lesser of fenses under section
10 565.029, shall, when requested by one of the parties or the court, be submitted to the jury or ,
11 in a jury-waived trial, considered by the judge.
12 2. A count char ging any of fense of homicide of a particular individual may be joined
13 in an indictment or information and tried with one or more counts char ging alternatively any
14 other homicide or of fense other than a homicide committed against that individual. The state
15 shall not be required to make an election as to the alternative count on which it will proceed.
16 This subsection in no way limits the right to try in the conjunctive, where they are properly
17 joined under subsection 1 of this section, either separate of fenses other than murder in the
18 first degree or separate offenses of murder in the first degree committed against dif ferent
19 individuals.
20 3. When a defendant has been char ged and proven before trial to be a prior offender
21 pursuant to chapter 558 so that the judge shall assess punishment and not a jury for an of fense
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22 other than murder in the first degree, that of fense may be tried and submitted to the trier
23 together with any murder in the first degree char ge with which it is lawfully joined. In such
24 case the judge will assess punishment on any of fense joined with a murder in the first degree
25 char ge according to law and, when the trier is a jury , it shall be instructed upon punishment on
26 the char ge of murder in the first degree [ in accordance with section 565.030.
27 4. When the state waives the death penalty for a murder first degree of fense, that
28 of fense may be tried and submitted to the trier together with any other char ge with which it is
29 lawfully joined ].
565.006. 1. At any time before the commencement of the trial of a homicide offense,
2 the defendant may , with the assent of the court, waive a trial by jury and agree to submit all
3 issues in the case to the court, whose finding shall have the force and ef fect of a verdict of a
4 jury . Such a waiver must include a waiver of a trial by jury of all issues and of fenses char ged
5 in the case, including the punishment to be assessed and imposed if the defendant is found
6 guilty .
7 2. No defendant who pleads guilty to a homicide of fense or who is found guilty of a
8 homicide of fense after trial to the court without a jury shall be permitted a trial by jury on the
9 issue of the punishment to be imposed, except by agreement of the state.
10 3. [ If a defendant is found guilty of murder in the first degree after a jury trial in
11 which the state has not waived the death penalty , the defendant may not waive a jury trial of
12 the issue of the punishment to be imposed, except by agreement with the state and the court.
13 4. ] Any waiver of a jury trial and agreement permitted by this section shall be entered
14 in the court record.
565.020. 1. A person commits the of fense of murder in the first degree if he or she
2 knowingly causes the death of another person after deliberation upon the matter .
3 2. The of fense of murder in the first degree is a class A felony , and, if a person is
4 eighteen years of age or older at the time of the of fense, the punishment shall be [ either death
5 or ] imprisonment for life without eligibility for probation [ or ] , parole, or release except by act
6 of the governor . If a person has not reached his or her eighteenth birthday at the time of the
7 commission of the of fense, the punishment shall be as provided under section 565.033.
565.040. 1. [ In the event that the death penalty provided in this chapter is held to be
2 unconstitutional, ] Any person convicted of murder in the first degree shall be sentenced by
3 the court to life imprisonment without eligibility for probation, parole, or release except by
4 act of the governor[ , with the exception that when a specific aggravating circumstance found
5 in a case is held to be unconstitutional or invalid for another reason, the supreme court of
6 Missouri is further authorized to remand the case for resentencing or retrial of the punishment
7 pursuant to subsection 5 of section 565.035 ].
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8 2. In [ the event that ] any case in which a death sentence has pr eviously been
9 imposed pursuant to this chapter [ is held to be unconstitutional, the trial court which
10 previously sentenced the defendant to death shall cause the defendant to be brought before the
11 court and shall sentence the defendant to life imprisonment without eligibility for probation,
12 parole, or release except by act of the governor , with the exception that when a specific
13 aggravating circumstance found in a case is held to be inapplicable, unconstitutional or
14 invalid for another reason, the supreme court of Missouri is further authorized to remand the
15 case for retrial of the punishment pursuant to subsection 5 of section 565.035 ] but has not
16 been executed, such sentence shall not be modified unless otherwise prov ided by law .
[ 546.680. When judgment of death is rendered by any court of
2 competent jurisdiction, a warrant signed by the judge and attested by the clerk
3 under the seal of the court must be drawn and delivered to the sheriff . It must
4 state the conviction and judgment and appoint a day on which the judgment
5 must be executed, which must not be less than thirty nor more than sixty days
6 from the date of judgment, and must direct the sheriff to deliver the defendant,
7 at a time specified in said order , not more than ten days from the date of
8 judgment, to the chief administrative officer of a correctional facility of the
9 department of corrections, for execution. ]
[ 546.690. The judge of a court at which a conviction is had must,
2 immediately after the conviction, transmit to the governor of the state, by mail
3 or otherwise, a statement of the conviction and judgment. ]
[ 546.700. Whenever , for any reason, any convict sentenced to the
2 punishment of death shall not have been executed pursuant to such sentence,
3 and the cause shall stand in full force, the supreme court, or the court of the
4 county in which the conviction was had, on the application of the prosecuting
5 attorney , shall issue a writ of habeas corpus to bring such convict before the
6 court; or if he be at lar ge, a warrant for his apprehension may be issued by
7 such court, or any judge thereof. ]
[ 546.710. Upon such convicted of fender being brought before the
2 court, they shall proceed to inquire into the facts, and if no legal reasons exist
3 against the execution of sentence, such court shall issue a warrant to the
4 director of the department of corrections, for the execution of the prisoner at
5 the time therein specified, which execution shall be obeyed by the director
6 accordingly . ]
[ 546.720. 1. The manner of inflicting the punishment of death shall be
2 by the administration of lethal gas or by means of the administration of lethal
3 injection. And for such purpose the director of the department of corrections is
4 hereby authorized and directed to provide a suitable and ef ficient room or
5 place, enclosed from public view , within the walls of a correctional facility of
6 the department of corrections, and the necessary appliances for carrying into
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7 execution the death penalty by means of the administration of lethal gas or by
8 means of the administration of lethal injection.
9 2. The director of the department of corrections shall select an
10 execution team which shall consist of those persons who administer lethal gas
11 or lethal chemicals and those persons, such as medical personnel, who provide
12 direct support for the administration of lethal gas or lethal chemicals. The
13 identities of members of the execution team, as defined in the execution
14 protocol of the department of corrections, shall be kept confidential.
15 Notwithstanding any provision of law to the contrary , any portion of a
16 record that could identify a person as being a current or former member of an
17 execution team shall be privileged and shall not be subject to discovery ,
18 subpoena, or other means of legal compulsion for disclosure to any person or
19 entity , the remainder of such record shall not be privileged or closed unless
20 protected from disclosure by law . The section of an execution protocol that
21 directly relates to the administration of lethal gas or lethal chemicals is an open
22 record, the remainder of any execution protocol of the department of
23 corrections is a closed record.
24 3. A person may not, without the approval of the director of the
25 department of corrections, knowingly disclose the identity of a current or
26 former member of an execution team or disclose a record knowing that it could
27 identify a person as being a current or former member of an execution team.
28 Any person whose identity is disclosed in violation of this section shall:
29 (1) Have a civil cause of action against a person who violates this
30 section;
31 (2) Be entitled to recover from any such person:
32 (a) Actual damages; and
33 (b) Punitive damages on a showing of a willful violation of this
34 section.
35 4. Notwithstanding any provision of law to the contrary , if a member
36 of the execution team is licensed by a board or department, the licensing board
37 or department shall not censure, reprimand, suspend, revoke, or take any other
38 disciplinary action against the person's license because of his or her
39 participation in a lawful execution. All members of the execution team are
40 entitled to coverage under the state legal expense fund established by section
41 105.71 1 for conduct of such execution team member arising out of and
42 performed in connection with his or her of ficial duties on behalf of the state or
43 any agency of the state, provided that moneys in this fund shall not be
44 available for payment of claims under chapter 287. ]
[ 546.730. A judgment of death must be executed within a correctional
2 center of the department of corrections; and such execution shall be under the
3 supervision and direction of the director of the department of corrections. ]
[ 546.740. The chief administrative officer of the correctional center , or
2 his duly appointed representative shall be present at the execution and the
3 director of the department of corrections shall invite the presence of the
4 attorney general of the state, and at least eight reputable citizens, to be selected
5 by him; and he shall at the request of the defendant, permit such cler gy or
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6 religious leaders, not exceeding two, as the defendant may name, and any
7 person, other than another incarcerated of fender , relatives or friends, not to
8 exceed five, to be present at the execution, together with such peace of ficers as
9 he may think expedient, to witness the execution; but no person under twenty-
10 one years of age shall be allowed to witness the execution. ]
[ 546.750. After the execution the chief administrative officer of the
2 correctional facility shall make a return upon the death warrant to the court by
3 which the judgment was rendered, showing the time, mode and manner in
4 which it was executed. ]
[ 546.800. If, after any female convict shall be sentenced to the
2 punishment of death, the of ficer having char ge of her person shall have reason
3 to suspect that she is pregnant, he shall in like manner summon a jury of six
4 persons, not less than three of whom shall be physicians, and shall give notice
5 thereof to the prosecuting attorney of the county where such criminal
6 proceedings originated, or to the circuit attorney of the city of St. Louis, if
7 such criminal proceedings originated in that city , who shall attend, and the
8 proceedings shall be had as provided. ]
[ 546.810. The inquisition shall be signed by the jury and the of ficer in
2 char ge of such convict, and if it appear that such female convict is pregnant
3 with child, her execution shall be suspended and the inquisition shall be
4 transmitted to the governor . ]
[ 546.820. Whenever the governor shall be satisfied that the cause of
2 such suspension no longer exists, he shall issue his warrant, appointing a day
3 for the execution of such convict, pursuant to her sentence; or he may , at his
4 discretion, commute her punishment to imprisonment in the penitentiary for
5 life. ]
[ 565.005. 1. At a reasonable time before the commencement of the
2 first stage of any trial of murder in the first degree at which the death penalty is
3 not waived, the state and defendant, upon request and without order of the
4 court, shall serve counsel of the opposing party with:
5 (1) A list of all aggravating or mitigating circumstances as provided in
6 subsection 1 of section 565.032, which the party intends to prove at the second
7 stage of the trial;
8 (2) The names of all persons whom the party intends to call as
9 witnesses at the second stage of the trial;
10 (3) Copies or locations and custodian of any books, papers,
11 documents, photographs or objects which the party intends to offer at the
12 second stage of the trial. If copies of such materials are not supplied to
13 opposing counsel, the party shall cause them to be made available for
14 inspection and copying without order of the court.
15 2. The disclosures required in subsection 1 of this section are
16 supplemental to those required by rules of the supreme court relating to a
17 continuing duty to disclose information, the use of matters disclosed, matters
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18 not subject to disclosure, protective orders, and sanctions for failure to comply
19 with an applicable discovery rule or order , all of which shall also apply to any
20 disclosure required by this section. ]
[ 565.030. 1. Where murder in the first degree is char ged but not
2 submitted or where the state waives the death penalty , the submission to the
3 trier and all subsequent proceedings in the case shall proceed as in all other
4 criminal cases.
5 2. Where murder in the first degree is submitted to the trier without a
6 waiver of the death penalty , the trial shall proceed in two stages before the
7 same trier . At the first stage the trier shall decide only whether the defendant
8 is guilty or not guilty of any submitted of fense. The issue of punishment shall
9 not be submitted to the trier at the first stage. If an of fense is char ged other
10 than murder in the first degree in a count together with a count of murder in the
11 first degree, the trial judge shall assess punishment on any such of fense
12 according to law , after the defendant is found guilty of such of fense and after
13 he finds the defendant to be a prior of fender pursuant to chapter 558.
14 3. If murder in the first degree is submitted and the death penalty was
15 not waived but the trier finds the defendant guilty of a lesser homicide, a
16 second stage of the trial shall proceed as in all other criminal cases. The
17 attorneys may then arg ue as in other criminal cases the issue of punishment,
18 after which the trier shall assess and declare the punishment as in all other
19 criminal cases.
20 4. If the trier at the first stage of a trial where the death penalty was not
21 waived finds the defendant guilty of murder in the first degree, a second stage
22 of the trial shall proceed at which the only issue shall be the punishment to be
23 assessed and declared. Evidence in aggravation and mitigation of punishment,
24 including but not limited to evidence supporting any of the aggravating or
25 mitigating circumstances listed in subsection 2 or 3 of section 565.032, may be
26 presented subject to the rules of evidence at criminal trials. Such evidence
27 may include, within the discretion of the court, evidence concerning the
28 murder victim and the impact of the of fense upon the family of the victim and
29 others. Rebuttal and surrebuttal evidence may be presented. The state shall be
30 the first to proceed. If the trier is a jury it shall be instructed on the law . The
31 attorneys may then ar gue the issue of punishment to the jury , and the state shall
32 have the right to open and close the ar gument. The trier shall assess and
33 declare the punishment at life imprisonment without eligibility for probation,
34 parole, or release except by act of the governor:
35 (1) If the trier finds by a preponderance of the evidence that the
36 defendant is intellectually disabled; or
37 (2) If the trier does not find beyond a reasonable doubt at least one of
38 the statutory aggravating circumstances set out in subsection 2 of section
39 565.032; or
40 (3) If the trier concludes that there is evidence in mitigation of
41 punishment, including but not limited to evidence supporting the statutory
42 mitigating circumstances listed in subsection 3 of section 565.032, which is
43 suf ficient to outweigh the evidence in aggravation of punishment found by the
44 trier; or
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45 (4) If the trier decides under all of the circumstances not to assess and
46 declare the punishment at death. If the trier is a jury it shall be so instructed.
47
48 If the trier assesses and declares the punishment at death it shall, in its findings
49 or verdict, set out in writing the aggravating circumstance or circumstances
50 listed in subsection 2 of section 565.032 which it found beyond a reasonable
51 doubt. If the trier is a jury it shall be instructed before the case is submitted
52 that if it is unable to decide or agree upon the punishment the court shall assess
53 and declare the punishment at life imprisonment without eligibility for
54 probation, parole, or release except by act of the governor or death. The court
55 shall follow the same procedure as set out in this section whenever it is
56 required to determine punishment for murder in the first degree.
57 5. Upon written agreement of the parties and with leave of the court,
58 the issue of the defendant's intellectual disability may be taken up by the court
59 and decided prior to trial without prejudicing the defendant's right to have the
60 issue submitted to the trier of fact as provided in subsection 4 of this section.
61 6. As used in this section, the terms "intellectual disability" or
62 "intellectually disabled" refer to a condition involving substantial limitations
63 in general functioning characterized by significantly subaverage intellectual
64 functioning with continual extensive related deficits and limitations in two or
65 more adaptive behaviors such as communication, self-care, home living, social
66 skills, community use, self-direction, health and safety , functional academics,
67 leisure and work, which conditions are manifested and documented before
68 eighteen years of age.
69 7. The provisions of this section shall only govern of fenses committed
70 on or after August 28, 2001. ]
[ 565.032. 1. In all cases of murder in the first degree for which the
2 death penalty is authorized, the judge in a jury-waived trial shall consider , or
3 shall include in his or her instructions to the jury for it to consider:
4 (1) Whether a statutory aggravating circumstance or circumstances
5 enumerated in subsection 2 of this section is established by the evidence
6 beyond a reasonable doubt; and
7 (2) If a statutory aggravating circumstance or circumstances is proven
8 beyond a reasonable doubt, whether the evidence as a whole justifies a
9 sentence of death or a sentence of life imprisonment without eligibility for
10 probation, parole, or release except by act of the governor .
11
12 In determining the issues enumerated in subdivisions (1) and (2) of this
13 subsection, the trier shall consider all evidence which it finds to be in
14 aggravation or mitigation of punishment, including evidence received during
15 the first stage of the trial and evidence supporting any of the statutory
16 aggravating or mitigating circumstances set out in subsections 2 and 3 of this
17 section. If the trier is a jury , it shall not be instructed upon any specific
18 evidence which may be in aggravation or mitigation of punishment, but shall
19 be instructed that each juror shall consider any evidence which he or she
20 considers to be aggravating or mitigating.
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21 2. Statutory aggravating circumstances for a murder in the first degree
22 of fense shall be limited to the following:
23 (1) The of fense was committed by a person with a prior record of
24 conviction for murder in the first degree, or the of fense was committed by a
25 person who has one or more serious assaultive criminal convictions;
26 (2) The murder in the first degree of fense was committed while the
27 of fender was engaged in the commission or attempted commission of another
28 unlawful homicide;
29 (3) The of fender by his or her act of murder in the first degree
30 knowingly created a great risk of death to more than one person by means of a
31 weapon or device which would normally be hazardous to the lives of more
32 than one person;
33 (4) The of fender committed the of fense of murder in the first degree
34 for himself or herself or another , for the purpose of receiving money or any
35 other thing of monetary value from the victim of the murder or another;
36 (5) The murder in the first degree was committed against a judicial
37 of ficer , former judicial of ficer , prosecuting attorney or former prosecuting
38 attorney , circuit attorney or former circuit attorney , assistant prosecuting
39 attorney or former assistant prosecuting attorney , assistant circuit attorney or
40 former assistant circuit attorney , peace of ficer or former peace of ficer , elected
41 of ficial or former elected official during or because of the exercise of his
42 of ficial duty;
43 (6) The of fender caused or directed another to commit murder in the
44 first degree or committed murder in the first degree as an agent or employee of
45 another person;
46 (7) The murder in the first degree was outrageously or wantonly vile,
47 horrible or inhuman in that it involved torture, or depravity of mind;
48 (8) The murder in the first degree was committed against any peace
49 of ficer , or fireman while engaged in the performance of his or her of ficial duty;
50 (9) The murder in the first degree was committed by a person in, or
51 who has escaped from, the lawful custody of a peace of ficer or place of lawful
52 confinement;
53 (10) The murder in the first degree was committed for the purpose of
54 avoiding, interfering with, or preventing a lawful arrest or custody in a place of
55 lawful confinement, of himself or herself or another;
56 (1 1) The murder in the first degree was committed while the defendant
57 was engaged in the perpetration or was aiding or encouraging another person
58 to perpetrate or attempt to perpetrate a felony of any degree of rape, sodomy ,
59 bur glary , robbery , kidnapping, or any felony of fense in chapter 195 or 579;
60 (12) The murdered individual was a witness or potential witness in any
61 past or pending investigation or past or pending prosecution, and was killed as
62 a result of his or her status as a witness or potential witness;
63 (13) The murdered individual was an employee of an institution or
64 facility of the department of corrections of this state or local correction agency
65 and was killed in the course of performing his or her of ficial duties, or the
66 murdered individual was an inmate of such institution or facility;
67 (14) The murdered individual was killed as a result of the hijacking of
68 an airplane, train, ship, bus or other public conveyance;
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69 (15) The murder was committed for the purpose of concealing or
70 attempting to conceal any felony of fense defined in chapter 195 or 579;
71 (16) The murder was committed for the purpose of causing or
72 attempting to cause a person to refrain from initiating or aiding in the
73 prosecution of a felony of fense defined in chapter 195 or 579;
74 (17) The murder was committed during the commission of an of fense
75 which is part of a pattern of criminal street gang activity as defined in section
76 578.421.
77 3. Statutory mitigating circumstances shall include the following:
78 (1) The defendant has no significant history of prior criminal activity;
79 (2) The murder in the first degree was committed while the defendant
80 was under the influence of extreme mental or emotional disturbance;
81 (3) The victim was a participant in the defendant's conduct or
82 consented to the act;
83 (4) The defendant was an accomplice in the murder in the first degree
84 committed by another person and his or her participation was relatively minor;
85 (5) The defendant acted under extreme duress or under the substantial
86 domination of another person;
87 (6) The capacity of the defendant to appreciate the criminality of his or
88 her conduct or to conform his or her conduct to the requirements of law was
89 substantially impaired;
90 (7) The age of the defendant at the time of the offense. ]
[ 565.035. 1. Whenever the death penalty is imposed in any case, and
2 upon the judgment becoming final in the trial court, the sentence shall be
3 reviewed on the record by the supreme court of Missouri. The circuit clerk of
4 the court trying the case, within ten days after receiving the transcript, shall
5 transmit the entire record and transcript to the supreme court together with a
6 notice prepared by the circuit clerk and a report prepared by the trial judge.
7 The notice shall set forth the title and docket number of the case, the name of
8 the defendant and the name and address of his attorney , a narrative statement
9 of the judgment, the of fense, and the punishment prescribed. The report by the
10 judge shall be in the form of a standard questionnaire prepared and supplied by
11 the supreme court of Missouri.
12 2. The supreme court of Missouri shall consider the punishment as
13 well as any errors enumerated by way of appeal.
14 3. W ith regard to the sentence, the supreme court shall determine:
15 (1) Whether the sentence of death was imposed under the influence of
16 passion, prejudice, or any other arbitrary factor; and
17 (2) Whether the evidence supports the jury's or judge's finding of a
18 statutory aggravating circumstance as enumerated in subsection 2 of section
19 565.032 and any other circumstance found;
20 (3) Whether the sentence of death is excessive or disproportionate to
21 the penalty imposed in similar cases, considering both the offense, the strength
22 of the evidence and the defendant.
23 4. Both the defendant and the state shall have the right to submit briefs
24 within the time provided by the supreme court, and to present oral ar gument to
25 the supreme court.
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26 5. The supreme court shall include in its decision a reference to those
27 similar cases which it took into consideration. In addition to its authority
28 regarding correction of errors, the supreme court, with regard to review of
29 death sentences, shall be authorized to:
30 (1) Affir m the sentence of death; or
31 (2) Set the sentence aside and resentence the defendant to life
32 imprisonment without eligibility for probation, parole, or release except by act
33 of the governor; or
34 (3) Set the sentence aside and remand the case for retrial of the
35 punishment hearing. A new jury shall be selected or a jury may be waived by
36 agreement of both parties and then the punishment trial shall proceed in
37 accordance with this chapter , with the exception that the evidence of the guilty
38 verdict shall be admissible in the new trial together with the of ficial transcript
39 of any testimony and evidence properly admitted in each stage of the original
40 trial where relevant to determine punishment.
41 6. There shall be an assistant to the supreme court, who shall be an
42 attorney appointed by the supreme court and who shall serve at the pleasure of
43 the court. The court shall accumulate the records of all cases in which the
44 sentence of death or life imprisonment without probation or parole was
45 imposed after May 26, 1977, or such earlier date as the court may deem
46 appropriate. The assistant shall provide the court with whatever extracted
47 information the court desires with respect thereto, including but not limited to
48 a synopsis or brief of the facts in the record concerning the of fense and the
49 defendant. The court shall be authorized to employ an appropriate staff ,
50 within the limits of appropriations made for that purpose, and such methods to
51 compile such data as are deemed by the supreme court to be appropriate and
52 relevant to the statutory questions concerning the validity of the sentence. The
53 of fice of the assistant to the supreme court shall be attached to the of fice of the
54 clerk of the supreme court for administrative purposes.
55 7. In addition to the mandatory sentence review , there shall be a right
56 of direct appeal of the conviction to the supreme court of Missouri. This right
57 of appeal may be waived by the defendant. If an appeal is taken, the appeal
58 and the sentence review shall be consolidated for consideration. The court
59 shall render its decision on legal errors enumerated, the factual substantiation
60 of the verdict, and the validity of the sentence. ]
✔
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