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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2254
103RD GENERAL ASSEMBL Y
4956H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 547.370, RSMo, and to enact in lieu thereof one new section relating to
postconviction relief.
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Section A. Section 547.370, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 547.370, to read as follows:
547.370. 1. [When a motion is filed as provided in section 547.360 to set aside a
2 sentence of death, the court shall] Whenever the death penalty is imposed in any case, the
3 cir cuit court shall, at the time it imposes sentence and judgment, find on the record
4 whether the [ movant ] defendant is indigent. If the [ movant ] defendant is indigent, the court
5 shall , without delay , cause to be appointed two counsel to represent the [ movant ] defendant
6 in the pr eparation and litigation of the defendant's motion under Missouri suprem e
7 court rule 24.035 or 29.15 . If [ movant ] the defendant seeks to reject the appointment of
8 counsel, the court shall find on the record, after a hearing, if necessary , whether the [ movant ]
9 defendant is able to competently decide whether to accept or reject the appointment and
10 whether the [ movant ] defendant rejected the of fer with the understanding of its legal
11 consequences. Unless the [ movant ] defendant is so competent and understands the legal
12 consequences, [ movant ] the defendant shall not be permitted to reject the appointment of
13 counsel. If the defendant is not indigent, the court may enter an order denying the
14 appointment of counsel.
15 2. All counsel appointed as provided in this section shall be members of The Missouri
16 Bar or shall be admitted to practice in the particular case as provided in Missouri supreme
17 court rule 9. At least one of the counsel shall meet the following qualifications:
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.
18 (1) Have attended and successfully completed within two years immediately
19 preceding the appointment at least twelve hours of training or educational programs on the
20 postconviction phase of a criminal case and federal and state aspects of cases in which the
21 death penalty is sought; and
22 (2) Have at least three years of litigation experience in the field of criminal law and
23 thr ee years of litigation experience in the field of postconviction law ; and
24 (3) Have participated as counsel or co-counsel to final judgment in at least five
25 postconviction motions involving class A felonies in either state or federal trial courts; and
26 (4) Have participated in either state or federal court as counsel or co-counsel to final
27 judgment in at least:
28 (a) Three felony jury trials; or
29 (b) Five direct criminal appeals in felony cases ; and
30 (5) Have been a member of the Missouri Bar for a period of at least five years .
31
32 Upon a showing of good cause, the cir cuit court may appoint other counsel whose
33 backgr ound, knowledge, or experience would otherwise enable such counsel to prop erly
34 r epresent the defendant in any motion under Missouri suprem e court rule 24.035 or
35 29.15, with due consideration of the seriousness of the penalty and the unique and
36 complex natur e of the litigation. Counsel shall certify to the state public defender in such
37 form as the defender may require that counsel meets the qualifications of this section prior to
38 filing counsel's entry of appearance in the case.
39 3. Counsel appointed to represent the [ movant ] defendant shall not have represented
40 the [ movant ] defendant at trial [ or on ] and shall not repr esent the defendant in the direct
41 appeal therefrom.
42 4. As to any counsel appointed as provided in this section, the state public defender
43 shall provide counsel with reasonable compensation and shall provide reasonable and
44 necessary litigation expenses.
45 5. This section shall apply whenever the death penalty is imposed in any case and
46 to any motions under Missouri supr eme court rule 24.035 or 29.15 filed by a movant
47 challenging a sentence of death.
48 6. The state shall comply with any additional req uirements under 28 U.S.C
49 Sections 2261 and 2265 and 28 CFR Section 26.22 that ar e not specifically contained in
50 this section.
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HCS HB 2254 2