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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1109
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
5073S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 600.063, RSMo, and to enact in lieu thereof one new section relating to the
caseload of public defenders.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 600.063, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 600.063, 2
to read as follows:3
600.063. 1. Upon approval by the director or the 1
commission, any district defender may file a motion to 2
request a conference to discuss caseload issues involving 3
any individual public defender or defenders, but not the 4
entire office, with the presiding judge of any circuit court 5
served by the district office. The motion shall state the 6
reasons why the individual public defender or public 7
defenders will be unable to provide effective assistance of 8
counsel due to caseload concerns. When a motion to request 9
a conference has been filed, the clerk of the court shall 10
immediately provide a copy of the motion to the prosecuting 11
or circuit attorney who serves the circuit court. 12
2. If the presiding judge approves the motion, a date 13
for the conference shall be set within thirty days of the 14
filing of the motion. The court shall provide notice of the 15
conference date and time to the district defender and the 16
prosecuting or circuit attorney. 17
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3. Within thirty days of the conference, the presiding 18
judge shall issue an order either granting or denying 19
relief. If relief is granted, it shall be based upon a 20
finding that the individual public defender or defenders 21
will be unable to provide effective assistance of counsel 22
due to caseload issues. The judge may order one or more of 23
the following types of relief in any appropriate combination: 24
(1) Appoint private counsel to represent any eligible 25
defendant pursuant to the provisions of section 600.064; 26
(2) Investigate the financial status of any defendant 27
determined to be eligible for public defender representation 28
under section 600.086 and make findings regarding the 29
eligibility of such defendants; 30
(3) Determine, with the express concurrence of the 31
prosecuting or circuit attorney, whether any cases can be 32
disposed of without the imposition of a jail or prison 33
sentence and allow such cases to proceed without the 34
provision of counsel to the defendant; 35
(4) Modify the conditions of release ordered in any 36
case in which the defendant is being represented by a public 37
defender, including, but not limited to, reducing the amount 38
of any bond required for release; and 39
(5) [Place cases on a waiting list for defender 40
services, taking into account the seriousness of the case, 41
the incarceration status of the defendant, and such other 42
special circumstances as may be brought to the attention of 43
the court by the prosecuting or circuit attorney, the 44
district defender, or other interested parties; and 45
(6)] Grant continuances. 46
4. Upon receiving the order, the prosecuting or 47
circuit attorney and the district defender shall have ten 48
days to file an application for review to the appropriate 49
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appellate court. Such appeal shall be expedited by the 50
court in every manner practicable. 51
5. Nothing in this section shall deny any party the 52
right to seek any relief authorized by law nor shall any 53
provisions of this section be construed as providing a basis 54
for a claim for post-conviction relief by a defendant. 55
6. The commission and the supreme court may make such 56
rules and regulations to implement this section. Any rule 57
or portion of a rule, as that term is defined in section 58
536.010, that is created by the commission under the 59
authority delegated in this section shall become effective 60
only if it complies with and is subject to all of the 61
provisions of chapter 536 and, if applicable, section 62
536.028. This section and chapter 536 are nonseverable and 63
if any of the powers vested with the general assembly 64
pursuant to chapter 536 to review, to delay the effective 65
date, or to disapprove and annul a rule are subsequently 66
held unconstitutional, then the grant of rulemaking 67
authority and any rule proposed or adopted after August 28, 68
2013, shall be invalid and void. 69
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