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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. 1186
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
4688S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 565.030, RSMo, and to enact in lieu thereof one new section relating to jury
instructions for the offense of murder in the first degree.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 565.030, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 565.030, 2
to read as follows:3
565.030. 1. Where murder in the first degree is 1
charged but not submitted or where the state waives the 2
death penalty, the submission to the trier and all 3
subsequent proceedings in the case shall proceed as in all 4
other criminal cases. 5
2. Where murder in the first degree is submitted to 6
the trier without a waiver of the death penalty, the trial 7
shall proceed in two stages before the same trier. At the 8
first stage the trier shall decide only whether the 9
defendant is guilty or not guilty of any submitted offense. 10
The issue of punishment shall not be submitted to the trier 11
at the first stage. If an offense is charged other than 12
murder in the first degree in a count together with a count 13
of murder in the first degree, the trial judge shall assess 14
punishment on any such offense according to law, after the 15
defendant is found guilty of such offense and after he finds 16
the defendant to be a prior offender pursuant to chapter 558. 17
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3. If murder in the first degree is submitted and the 18
death penalty was not waived but the trier finds the 19
defendant guilty of a lesser homicide, a second stage of the 20
trial shall proceed as in all other criminal cases. The 21
attorneys may then argue as in other criminal cases the 22
issue of punishment, after which the trier shall assess and 23
declare the punishment as in all other criminal cases. 24
4. If the trier at the first stage of a trial where 25
the death penalty was not waived finds the defendant guilty 26
of murder in the first degree, a second stage of the trial 27
shall proceed at which the only issue shall be the 28
punishment to be assessed and declared. Evidence in 29
aggravation and mitigation of punishment, including but not 30
limited to evidence supporting any of the aggravating or 31
mitigating circumstances listed in subsection 2 or 3 of 32
section 565.032, may be presented subject to the rules of 33
evidence at criminal trials. Such evidence may include, 34
within the discretion of the court, evidence concerning the 35
murder victim and the impact of the offense upon the family 36
of the victim and others. Rebuttal and surrebuttal evidence 37
may be presented. The state shall be the first to proceed. 38
If the trier is a jury it shall be instructed on the law. 39
The attorneys may then argue the issue of punishment to the 40
jury, and the state shall have the right to open and close 41
the argument. The trier shall assess and declare the 42
punishment at life imprisonment without eligibility for 43
probation, parole, or release except by act of the governor: 44
(1) If the trier finds by a preponderance of the 45
evidence that the defendant is intellectually disabled; or 46
(2) If the trier does not find beyond a reasonable 47
doubt at least one of the statutory aggravating 48
circumstances set out in subsection 2 of section 565.032; or 49
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(3) If the trier concludes that there is evidence in 50
mitigation of punishment, including but not limited to 51
evidence supporting the statutory mitigating circumstances 52
listed in subsection 3 of section 565.032, which is 53
sufficient to outweigh the evidence in aggravation of 54
punishment found by the trier; or 55
(4) If the trier decides under all of the 56
circumstances not to assess and declare the punishment at 57
death. If the trier is a jury it shall be so instructed. 58
If the trier assesses and declares the punishment at death 59
it shall, in its findings or verdict, set out in writing the 60
aggravating circumstance or circumstances listed in 61
subsection 2 of section 565.032 which it found beyond a 62
reasonable doubt. If the trier is a jury it shall be 63
instructed before the case is submitted that if it is unable 64
to decide or agree upon the punishment the court shall 65
assess and declare the punishment at life imprisonment 66
without eligibility for probation, parole, or release except 67
by act of the governor [or death]. The court shall follow 68
the same procedure as set out in this section whenever it is 69
required to determine punishment for murder in the first 70
degree. 71
5. Upon written agreement of the parties and with 72
leave of the court, the issue of the defendant's 73
intellectual disability may be taken up by the court and 74
decided prior to trial without prejudicing the defendant's 75
right to have the issue submitted to the trier of fact as 76
provided in subsection 4 of this section. 77
6. As used in this section, the terms "intellectual 78
disability" or "intellectually disabled" refer to a 79
condition involving substantial limitations in general 80
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functioning characterized by significantly subaverage 81
intellectual functioning with continual extensive related 82
deficits and limitations in two or more adaptive behaviors 83
such as communication, self-care, home living, social 84
skills, community use, self-direction, health and safety, 85
functional academics, leisure and work, which conditions are 86
manifested and documented before eighteen years of age. 87
7. The provisions of this section shall only govern 88
offenses committed on or after August 28, 2001. 89
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