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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. 1160
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4988S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 penalty provisions.
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, 1
546.720, 546.730, 546.740, 546.750, 546.800, 546.810, 546.820, 2
557.021, 565.004, 565.005, 565.006, 565.020, 565.030, 565.032, 3
565.035, and 565.040, RSMo, are repealed and five new sections 4
enacted in lieu thereof, to be known as sections 557.021, 5
565.004, 565.006, 565.020, and 565.040, to read as follows:6
557.021. 1. Any offense defined outside this code 1
[which] that is declared to be a misdemeanor without 2
specification of the penalty therefor is a class A 3
misdemeanor. 4
2. Any offense defined outside this code [which] that 5
is declared to be a felony without specification of the 6
penalty therefor is a class E felony. 7
3. For the purpose of applying the extended term 8
provisions of section 558.016 and the minimum prison term 9
provisions of section 558.019 and for determining the 10
penalty for attempts, offenses defined outside of this code 11
shall be classified as follows: 12
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(1) If the offense is a felony: 13
(a) It is a class A felony if the authorized penalty 14
includes [death,] life imprisonment; imprisonment for life 15
without eligibility for probation, parole, or release except 16
by act of the governor; or imprisonment for a term of twenty 17
years or more; 18
(b) It is a class B felony if the maximum term of 19
imprisonment authorized exceeds ten years but is less than 20
twenty years; 21
(c) It is a class C felony if the maximum term of 22
imprisonment authorized is ten years; 23
(d) It is a class D felony if the maximum term of 24
imprisonment exceeds four years but is less than ten years; 25
(e) It is a class E felony if the maximum term of 26
imprisonment is four years or less; 27
(2) If the offense is a misdemeanor: 28
(a) It is a class A misdemeanor if the authorized 29
imprisonment exceeds six months in jail; 30
(b) It is a class B misdemeanor if the authorized 31
imprisonment exceeds thirty days but is not more than six 32
months; 33
(c) It is a class C misdemeanor if the authorized 34
imprisonment is thirty days or less; 35
(d) It is a class D misdemeanor if it includes a 36
mental state as an element of the offense and there is no 37
authorized imprisonment; 38
(e) It is an infraction if there is no authorized 39
imprisonment. 40
565.004. 1. Each homicide offense [which] that is 1
lawfully joined in the same indictment or information 2
together with any homicide offense or offense other than a 3
homicide shall be charged together with such offense in 4
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separate counts. A count charging any offense of homicide 5
may only be charged and tried together with one or more 6
counts of any other homicide or offense other than a 7
homicide as provided in subsection 2 of section 545.140. 8
Except as provided in subsections 2[,] and 3[, and 4] of 9
this section, no murder in the first degree offense may be 10
tried together with any offense other than murder in the 11
first degree. In the event of a joinder of homicide 12
offenses, all offenses charged which are supported by the 13
evidence in the case, together with all proper lesser 14
offenses under section 565.029, shall, when requested by one 15
of the parties or the court, be submitted to the jury or, in 16
a jury-waived trial, considered by the judge. 17
2. A count charging any offense of homicide of a 18
particular individual may be joined in an indictment or 19
information and tried with one or more counts charging 20
alternatively any other homicide or offense other than a 21
homicide committed against that individual. The state shall 22
not be required to make an election as to the alternative 23
count on which it will proceed. This subsection in no way 24
limits the right to try in the conjunctive, where they are 25
properly joined under subsection 1 of this section, either 26
separate offenses other than murder in the first degree or 27
separate offenses of murder in the first degree committed 28
against different individuals. 29
3. When a defendant has been charged and proven before 30
trial to be a prior offender pursuant to chapter 558 so that 31
the judge shall assess punishment and not a jury for an 32
offense other than murder in the first degree, that offense 33
may be tried and submitted to the trier together with any 34
murder in the first degree charge with which it is lawfully 35
joined. In such case the judge will assess punishment on 36
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any offense joined with a murder in the first degree charge 37
according to law and, when the trier is a jury, it shall be 38
instructed upon punishment on the charge of murder in the 39
first degree [in accordance with section 565.030. 40
4. When the state waives the death penalty for a 41
murder first degree offense, that offense may be tried and 42
submitted to the trier together with any other charge with 43
which it is lawfully joined]. 44
565.006. 1. At any time before the commencement of 1
the trial of a homicide offense, the defendant may, with the 2
assent of the court, waive a trial by jury and agree to 3
submit all issues in the case to the court, whose finding 4
shall have the force and effect of a verdict of a jury. 5
Such a waiver must include a waiver of a trial by jury of 6
all issues and offenses charged in the case, including the 7
punishment to be assessed and imposed if the defendant is 8
found guilty. 9
2. No defendant who pleads guilty to a homicide 10
offense or who is found guilty of a homicide offense after 11
trial to the court without a jury shall be permitted a trial 12
by jury on the issue of the punishment to be imposed, except 13
by agreement of the state. 14
3. [If a defendant is found guilty of murder in the 15
first degree after a jury trial in which the state has not 16
waived the death penalty, the defendant may not waive a jury 17
trial of the issue of the punishment to be imposed, except 18
by agreement with the state and the court. 19
4.] Any waiver of a jury trial and agreement permitted 20
by this section shall be entered in the court record. 21
565.020. 1. A person commits the offense of murder in 1
the first degree if he or she knowingly causes the death of 2
another person after deliberation upon the matter. 3
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2. The offense of murder in the first degree is a 4
class A felony, and, if a person is eighteen years of age or 5
older at the time of the offense, the punishment shall be 6
[either death or] imprisonment for life without eligibility 7
for probation [or], parole, or release except by act of the 8
governor. If a person has not reached his or her eighteenth 9
birthday at the time of the commission of the offense, the 10
punishment shall be as provided under section 565.033. 11
565.040. 1. [In the event that the death penalty 1
provided in this chapter is held to be unconstitutional,] 2
Any person convicted of murder in the first degree shall be 3
sentenced by the court to life imprisonment without 4
eligibility for probation, parole, or release except by act 5
of the governor[, with the exception that when a specific 6
aggravating circumstance found in a case is held to be 7
unconstitutional or invalid for another reason, the supreme 8
court of Missouri is further authorized to remand the case 9
for resentencing or retrial of the punishment pursuant to 10
subsection 5 of section 565.035]. 11
2. In [the event that] any case in which a death 12
sentence has previously been imposed pursuant to this 13
chapter [is held to be unconstitutional,] but has not been 14
executed, the trial court [which] that previously sentenced 15
the defendant to death shall cause the defendant to be 16
brought before the court and shall sentence the defendant to 17
life imprisonment without eligibility for probation, parole, 18
or release except by act of the governor[, with the 19
exception that when a specific aggravating circumstance 20
found in a case is held to be inapplicable, unconstitutional 21
or invalid for another reason, the supreme court of Missouri 22
is further authorized to remand the case for retrial of the 23
punishment pursuant to subsection 5 of section 565.035]. 24
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[546.680. When judgment of death is 1
rendered by any court of competent jurisdiction, 2
a warrant signed by the judge and attested by 3
the clerk under the seal of the court must be 4
drawn and delivered to the sheriff. It must 5
state the conviction and judgment and appoint a 6
day on which the judgment must be executed, 7
which must not be less than thirty nor more than 8
sixty days from the date of judgment, and must 9
direct the sheriff to deliver the defendant, at 10
a time specified in said order, not more than 11
ten days from the date of judgment, to the chief 12
administrative officer of a correctional 13
facility of the department of corrections, for 14
execution.] 15
[546.690. The judge of a court at which a 1
conviction is had must, immediately after the 2
conviction, transmit to the governor of the 3
state, by mail or otherwise, a statement of the 4
conviction and judgment.] 5
[546.700. Whenever, for any reason, any 1
convict sentenced to the punishment of death 2
shall not have been executed pursuant to such 3
sentence, and the cause shall stand in full 4
force, the supreme court, or the court of the 5
county in which the conviction was had, on the 6
application of the prosecuting attorney, shall 7
issue a writ of habeas corpus to bring such 8
convict before the court; or if he be at large, 9
a warrant for his apprehension may be issued by 10
such court, or any judge thereof.] 11
[546.710. Upon such convicted offender 1
being brought before the court, they shall 2
proceed to inquire into the facts, and if no 3
legal reasons exist against the execution of 4
sentence, such court shall issue a warrant to 5
the director of the department of corrections, 6
for the execution of the prisoner at the time 7
therein specified, which execution shall be 8
obeyed by the director accordingly.] 9
[546.720. 1. The manner of inflicting the 1
punishment of death shall be by the 2
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administration of lethal gas or by means of the 3
administration of lethal injection. And for 4
such purpose the director of the department of 5
corrections is hereby authorized and directed to 6
provide a suitable and efficient room or place, 7
enclosed from public view, within the walls of a 8
correctional facility of the department of 9
corrections, and the necessary appliances for 10
carrying into execution the death penalty by 11
means of the administration of lethal gas or by 12
means of the administration of lethal injection. 13
2. The director of the department of 14
corrections shall select an execution team which 15
shall consist of those persons who administer 16
lethal gas or lethal chemicals and those 17
persons, such as medical personnel, who provide 18
direct support for the administration of lethal 19
gas or lethal chemicals. The identities of 20
members of the execution team, as defined in the 21
execution protocol of the department of 22
corrections, shall be kept confidential. 23
Notwithstanding any provision of law to the 24
contrary, any portion of a record that could 25
identify a person as being a current or former 26
member of an execution team shall be privileged 27
and shall not be subject to discovery, subpoena, 28
or other means of legal compulsion for 29
disclosure to any person or entity, the 30
remainder of such record shall not be privileged 31
or closed unless protected from disclosure by 32
law. The section of an execution protocol that 33
directly relates to the administration of lethal 34
gas or lethal chemicals is an open record, the 35
remainder of any execution protocol of the 36
department of corrections is a closed record. 37
3. A person may not, without the approval 38
of the director of the department of 39
corrections, knowingly disclose the identity of 40
a current or former member of an execution team 41
or disclose a record knowing that it could 42
identify a person as being a current or former 43
member of an execution team. Any person whose 44
identity is disclosed in violation of this 45
section shall: 46
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(1) Have a civil cause of action against a 47
person who violates this section; 48
(2) Be entitled to recover from any such 49
person: 50
(a) Actual damages; and 51
(b) Punitive damages on a showing of a 52
willful violation of this section. 53
4. Notwithstanding any provision of law to 54
the contrary, if a member of the execution team 55
is licensed by a board or department, the 56
licensing board or department shall not censure, 57
reprimand, suspend, revoke, or take any other 58
disciplinary action against the person's license 59
because of his or her participation in a lawful 60
execution. All members of the execution team 61
are entitled to coverage under the state legal 62
expense fund established by section 105.711 for 63
conduct of such execution team member arising 64
out of and performed in connection with his or 65
her official duties on behalf of the state or 66
any agency of the state, provided that moneys in 67
this fund shall not be available for payment of 68
claims under chapter 287.] 69
[546.730. A judgment of death must be 1
executed within a correctional center of the 2
department of corrections; and such execution 3
shall be under the supervision and direction of 4
the director of the department of corrections.] 5
[546.740. The chief administrative officer 1
of the correctional center, or his duly 2
appointed representative shall be present at the 3
execution and the director of the department of 4
corrections shall invite the presence of the 5
attorney general of the state, and at least 6
eight reputable citizens, to be selected by him; 7
and he shall at the request of the defendant, 8
permit such clergy or religious leaders, not 9
exceeding two, as the defendant may name, and 10
any person, other than another incarcerated 11
offender, relatives or friends, not to exceed 12
five, to be present at the execution, together 13
with such peace officers as he may think 14
expedient, to witness the execution; but no 15
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person under twenty-one years of age shall be 16
allowed to witness the execution.] 17
[546.750. After the execution the chief 1
administrative officer of the correctional 2
facility shall make a return upon the death 3
warrant to the court by which the judgment was 4
rendered, showing the time, mode and manner in 5
which it was executed.] 6
[546.800. If, after any female convict 1
shall be sentenced to the punishment of death, 2
the officer having charge of her person shall 3
have reason to suspect that she is pregnant, he 4
shall in like manner summon a jury of six 5
persons, not less than three of whom shall be 6
physicians, and shall give notice thereof to the 7
prosecuting attorney of the county where such 8
criminal proceedings originated, or to the 9
circuit attorney of the city of St. Louis, if 10
such criminal proceedings originated in that 11
city, who shall attend, and the proceedings 12
shall be had as provided.] 13
[546.810. The inquisition shall be signed 1
by the jury and the officer in charge of such 2
convict, and if it appear that such female 3
convict is pregnant with child, her execution 4
shall be suspended and the inquisition shall be 5
transmitted to the governor.] 6
[546.820. Whenever the governor shall be 1
satisfied that the cause of such suspension no 2
longer exists, he shall issue his warrant, 3
appointing a day for the execution of such 4
convict, pursuant to her sentence; or he may, at 5
his discretion, commute her punishment to 6
imprisonment in the penitentiary for life.] 7
[565.005. 1. At a reasonable time before 1
the commencement of the first stage of any trial 2
of murder in the first degree at which the death 3
penalty is not waived, the state and defendant, 4
upon request and without order of the court, 5
shall serve counsel of the opposing party with: 6
(1) A list of all aggravating or 7
mitigating circumstances as provided in 8
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subsection 1 of section 565.032, which the party 9
intends to prove at the second stage of the 10
trial; 11
(2) The names of all persons whom the 12
party intends to call as witnesses at the second 13
stage of the trial; 14
(3) Copies or locations and custodian of 15
any books, papers, documents, photographs or 16
objects which the party intends to offer at the 17
second stage of the trial. If copies of such 18
materials are not supplied to opposing counsel, 19
the party shall cause them to be made available 20
for inspection and copying without order of the 21
court. 22
2. The disclosures required in subsection 23
1 of this section are supplemental to those 24
required by rules of the supreme court relating 25
to a continuing duty to disclose information, 26
the use of matters disclosed, matters not 27
subject to disclosure, protective orders, and 28
sanctions for failure to comply with an 29
applicable discovery rule or order, all of which 30
shall also apply to any disclosure required by 31
this section.] 32
[565.030. 1. Where murder in the first 1
degree is charged but not submitted or where the 2
state waives the death penalty, the submission 3
to the trier and all subsequent proceedings in 4
the case shall proceed as in all other criminal 5
cases. 6
2. Where murder in the first degree is 7
submitted to the trier without a waiver of the 8
death penalty, the trial shall proceed in two 9
stages before the same trier. At the first 10
stage the trier shall decide only whether the 11
defendant is guilty or not guilty of any 12
submitted offense. The issue of punishment 13
shall not be submitted to the trier at the first 14
stage. If an offense is charged other than 15
murder in the first degree in a count together 16
with a count of murder in the first degree, the 17
trial judge shall assess punishment on any such 18
offense according to law, after the defendant is 19
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found guilty of such offense and after he finds 20
the defendant to be a prior offender pursuant to 21
chapter 558. 22
3. If murder in the first degree is 23
submitted and the death penalty was not waived 24
but the trier finds the defendant guilty of a 25
lesser homicide, a second stage of the trial 26
shall proceed as in all other criminal cases. 27
The attorneys may then argue as in other 28
criminal cases the issue of punishment, after 29
which the trier shall assess and declare the 30
punishment as in all other criminal cases. 31
4. If the trier at the first stage of a 32
trial where the death penalty was not waived 33
finds the defendant guilty of murder in the 34
first degree, a second stage of the trial shall 35
proceed at which the only issue shall be the 36
punishment to be assessed and declared. 37
Evidence in aggravation and mitigation of 38
punishment, including but not limited to 39
evidence supporting any of the aggravating or 40
mitigating circumstances listed in subsection 2 41
or 3 of section 565.032, may be presented 42
subject to the rules of evidence at criminal 43
trials. Such evidence may include, within the 44
discretion of the court, evidence concerning the 45
murder victim and the impact of the offense upon 46
the family of the victim and others. Rebuttal 47
and surrebuttal evidence may be presented. The 48
state shall be the first to proceed. If the 49
trier is a jury it shall be instructed on the 50
law. The attorneys may then argue the issue of 51
punishment to the jury, and the state shall have 52
the right to open and close the argument. The 53
trier shall assess and declare the punishment at 54
life imprisonment without eligibility for 55
probation, parole, or release except by act of 56
the governor: 57
(1) If the trier finds by a preponderance 58
of the evidence that the defendant is 59
intellectually disabled; or 60
(2) If the trier does not find beyond a 61
reasonable doubt at least one of the statutory 62
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aggravating circumstances set out in subsection 63
2 of section 565.032; or 64
(3) If the trier concludes that there is 65
evidence in mitigation of punishment, including 66
but not limited to evidence supporting the 67
statutory mitigating circumstances listed in 68
subsection 3 of section 565.032, which is 69
sufficient to outweigh the evidence in 70
aggravation of punishment found by the trier; or 71
(4) If the trier decides under all of the 72
circumstances not to assess and declare the 73
punishment at death. If the trier is a jury it 74
shall be so instructed. 75
If the trier assesses and declares the 76
punishment at death it shall, in its findings or 77
verdict, set out in writing the aggravating 78
circumstance or circumstances listed in 79
subsection 2 of section 565.032 which it found 80
beyond a reasonable doubt. If the trier is a 81
jury it shall be instructed before the case is 82
submitted that if it is unable to decide or 83
agree upon the punishment the court shall assess 84
and declare the punishment at life imprisonment 85
without eligibility for probation, parole, or 86
release except by act of the governor or death. 87
The court shall follow the same procedure as set 88
out in this section whenever it is required to 89
determine punishment for murder in the first 90
degree. 91
5. Upon written agreement of the parties 92
and with leave of the court, the issue of the 93
defendant's intellectual disability may be taken 94
up by the court and decided prior to trial 95
without prejudicing the defendant's right to 96
have the issue submitted to the trier of fact as 97
provided in subsection 4 of this section. 98
6. As used in this section, the terms 99
"intellectual disability" or "intellectually 100
disabled" refer to a condition involving 101
substantial limitations in general functioning 102
characterized by significantly subaverage 103
intellectual functioning with continual 104
extensive related deficits and limitations in 105
two or more adaptive behaviors such as 106
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communication, self-care, home living, social 107
skills, community use, self-direction, health 108
and safety, functional academics, leisure and 109
work, which conditions are manifested and 110
documented before eighteen years of age. 111
7. The provisions of this section shall 112
only govern offenses committed on or after 113
August 28, 2001.] 114
[565.032. 1. In all cases of murder in 1
the first degree for which the death penalty is 2
authorized, the judge in a jury-waived trial 3
shall consider, or shall include in his or her 4
instructions to the jury for it to consider: 5
(1) Whether a statutory aggravating 6
circumstance or circumstances enumerated in 7
subsection 2 of this section is established by 8
the evidence beyond a reasonable doubt; and 9
(2) If a statutory aggravating 10
circumstance or circumstances is proven beyond a 11
reasonable doubt, whether the evidence as a 12
whole justifies a sentence of death or a 13
sentence of life imprisonment without 14
eligibility for probation, parole, or release 15
except by act of the governor. 16
In determining the issues enumerated in 17
subdivisions (1) and (2) of this subsection, the 18
trier shall consider all evidence which it finds 19
to be in aggravation or mitigation of 20
punishment, including evidence received during 21
the first stage of the trial and evidence 22
supporting any of the statutory aggravating or 23
mitigating circumstances set out in subsections 24
2 and 3 of this section. If the trier is a 25
jury, it shall not be instructed upon any 26
specific evidence which may be in aggravation or 27
mitigation of punishment, but shall be 28
instructed that each juror shall consider any 29
evidence which he or she considers to be 30
aggravating or mitigating. 31
2. Statutory aggravating circumstances for 32
a murder in the first degree offense shall be 33
limited to the following: 34
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(1) The offense was committed by a person 35
with a prior record of conviction for murder in 36
the first degree, or the offense was committed 37
by a person who has one or more serious 38
assaultive criminal convictions; 39
(2) The murder in the first degree offense 40
was committed while the offender was engaged in 41
the commission or attempted commission of 42
another unlawful homicide; 43
(3) The offender by his or her act of 44
murder in the first degree knowingly created a 45
great risk of death to more than one person by 46
means of a weapon or device which would normally 47
be hazardous to the lives of more than one 48
person; 49
(4) The offender committed the offense of 50
murder in the first degree for himself or 51
herself or another, for the purpose of receiving 52
money or any other thing of monetary value from 53
the victim of the murder or another; 54
(5) The murder in the first degree was 55
committed against a judicial officer, former 56
judicial officer, prosecuting attorney or former 57
prosecuting attorney, circuit attorney or former 58
circuit attorney, assistant prosecuting attorney 59
or former assistant prosecuting attorney, 60
assistant circuit attorney or former assistant 61
circuit attorney, peace officer or former peace 62
officer, elected official or former elected 63
official during or because of the exercise of 64
his official duty; 65
(6) The offender caused or directed 66
another to commit murder in the first degree or 67
committed murder in the first degree as an agent 68
or employee of another person; 69
(7) The murder in the first degree was 70
outrageously or wantonly vile, horrible or 71
inhuman in that it involved torture, or 72
depravity of mind; 73
(8) The murder in the first degree was 74
committed against any peace officer, or fireman 75
while engaged in the performance of his or her 76
official duty; 77
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(9) The murder in the first degree was 78
committed by a person in, or who has escaped 79
from, the lawful custody of a peace officer or 80
place of lawful confinement; 81
(10) The murder in the first degree was 82
committed for the purpose of avoiding, 83
interfering with, or preventing a lawful arrest 84
or custody in a place of lawful confinement, of 85
himself or herself or another; 86
(11) The murder in the first degree was 87
committed while the defendant was engaged in the 88
perpetration or was aiding or encouraging 89
another person to perpetrate or attempt to 90
perpetrate a felony of any degree of rape, 91
sodomy, burglary, robbery, kidnapping, or any 92
felony offense in chapter 195 or 579; 93
(12) The murdered individual was a witness 94
or potential witness in any past or pending 95
investigation or past or pending prosecution, 96
and was killed as a result of his or her status 97
as a witness or potential witness; 98
(13) The murdered individual was an 99
employee of an institution or facility of the 100
department of corrections of this state or local 101
correction agency and was killed in the course 102
of performing his or her official duties, or the 103
murdered individual was an inmate of such 104
institution or facility; 105
(14) The murdered individual was killed as 106
a result of the hijacking of an airplane, train, 107
ship, bus or other public conveyance; 108
(15) The murder was committed for the 109
purpose of concealing or attempting to conceal 110
any felony offense defined in chapter 195 or 579; 111
(16) The murder was committed for the 112
purpose of causing or attempting to cause a 113
person to refrain from initiating or aiding in 114
the prosecution of a felony offense defined in 115
chapter 195 or 579; 116
(17) The murder was committed during the 117
commission of an offense which is part of a 118
pattern of criminal street gang activity as 119
defined in section 578.421. 120
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3. Statutory mitigating circumstances 121
shall include the following: 122
(1) The defendant has no significant 123
history of prior criminal activity; 124
(2) The murder in the first degree was 125
committed while the defendant was under the 126
influence of extreme mental or emotional 127
disturbance; 128
(3) The victim was a participant in the 129
defendant's conduct or consented to the act; 130
(4) The defendant was an accomplice in the 131
murder in the first degree committed by another 132
person and his or her participation was 133
relatively minor; 134
(5) The defendant acted under extreme 135
duress or under the substantial domination of 136
another person; 137
(6) The capacity of the defendant to 138
appreciate the criminality of his or her conduct 139
or to conform his or her conduct to the 140
requirements of law was substantially impaired; 141
(7) The age of the defendant at the time 142
of the offense.] 143
[565.035. 1. Whenever the death penalty 1
is imposed in any case, and upon the judgment 2
becoming final in the trial court, the sentence 3
shall be reviewed on the record by the supreme 4
court of Missouri. The circuit clerk of the 5
court trying the case, within ten days after 6
receiving the transcript, shall transmit the 7
entire record and transcript to the supreme 8
court together with a notice prepared by the 9
circuit clerk and a report prepared by the trial 10
judge. The notice shall set forth the title and 11
docket number of the case, the name of the 12
defendant and the name and address of his 13
attorney, a narrative statement of the judgment, 14
the offense, and the punishment prescribed. The 15
report by the judge shall be in the form of a 16
standard questionnaire prepared and supplied by 17
the supreme court of Missouri. 18
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2. The supreme court of Missouri shall 19
consider the punishment as well as any errors 20
enumerated by way of appeal. 21
3. With regard to the sentence, the 22
supreme court shall determine: 23
(1) Whether the sentence of death was 24
imposed under the influence of passion, 25
prejudice, or any other arbitrary factor; and 26
(2) Whether the evidence supports the 27
jury's or judge's finding of a statutory 28
aggravating circumstance as enumerated in 29
subsection 2 of section 565.032 and any other 30
circumstance found; 31
(3) Whether the sentence of death is 32
excessive or disproportionate to the penalty 33
imposed in similar cases, considering both the 34
offense, the strength of the evidence and the 35
defendant. 36
4. Both the defendant and the state shall 37
have the right to submit briefs within the time 38
provided by the supreme court, and to present 39
oral argument to the supreme court. 40
5. The supreme court shall include in its 41
decision a reference to those similar cases 42
which it took into consideration. In addition 43
to its authority regarding correction of errors, 44
the supreme court, with regard to review of 45
death sentences, shall be authorized to: 46
(1) Affirm the sentence of death; or 47
(2) Set the sentence aside and resentence 48
the defendant to life imprisonment without 49
eligibility for probation, parole, or release 50
except by act of the governor; or 51
(3) Set the sentence aside and remand the 52
case for retrial of the punishment hearing. A 53
new jury shall be selected or a jury may be 54
waived by agreement of both parties and then the 55
punishment trial shall proceed in accordance 56
with this chapter, with the exception that the 57
evidence of the guilty verdict shall be 58
admissible in the new trial together with the 59
official transcript of any testimony and 60
evidence properly admitted in each stage of the 61
SB 1160 18
original trial where relevant to determine 62
punishment. 63
6. There shall be an assistant to the 64
supreme court, who shall be an attorney 65
appointed by the supreme court and who shall 66
serve at the pleasure of the court. The court 67
shall accumulate the records of all cases in 68
which the sentence of death or life imprisonment 69
without probation or parole was imposed after 70
May 26, 1977, or such earlier date as the court 71
may deem appropriate. The assistant shall 72
provide the court with whatever extracted 73
information the court desires with respect 74
thereto, including but not limited to a synopsis 75
or brief of the facts in the record concerning 76
the offense and the defendant. The court shall 77
be authorized to employ an appropriate staff, 78
within the limits of appropriations made for 79
that purpose, and such methods to compile such 80
data as are deemed by the supreme court to be 81
appropriate and relevant to the statutory 82
questions concerning the validity of the 83
sentence. The office of the assistant to the 84
supreme court shall be attached to the office of 85
the clerk of the supreme court for 86
administrative purposes. 87
7. In addition to the mandatory sentence 88
review, there shall be a right of direct appeal 89
of the conviction to the supreme court of 90
Missouri. This right of appeal may be waived by 91
the defendant. If an appeal is taken, the 92
appeal and the sentence review shall be 93
consolidated for consideration. The court shall 94
render its decision on legal errors enumerated, 95
the factual substantiation of the verdict, and 96
the validity of the sentence.] 97
✓