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SB1391 • 2026

Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Schroer, Nick; House handler: N/A
Last action
2026-04-15
Official status
Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee
Effective date
2026-08-28

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-04-15 Missouri House of Representatives and Missouri Senate

    Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee

  2. 2026-04-08 Missouri House of Representatives and Missouri Senate

    Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee

  3. 2026-04-01 Missouri House of Representatives and Missouri Senate

    Hearing Cancelled S Judiciary and Civil and Criminal Jurisprudence Committee

  4. 2026-01-27 S245

    Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

  5. 2026-01-07 S87

    S First Read

  6. 2025-12-01 Missouri House of Representatives and Missouri Senate

    Prefiled

Official Summary Text

The following summaries of this bill are available:

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Introduced

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SB 1391 - This act modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death. Current law provides that when a motion to set aside a sentence of death is filed, the court shall find on the record whether the movant is indigent and if so, the court shall appoint two counsel. This act instead provides that when a circuit court imposes a judgment and sentence of death, the circuit court shall find on the record whether the defendant is indigent. If finding so, the court shall appoint two counsel for the preparation and litigation of a defendant's motion under Rules of the Supreme Court of Missouri. Furthermore, if the court finds that the defendant is not indigent, the court may enter an order denying the appointment of counsel.

Additionally, this act adds three years of litigation experience in the field of postconviction law and five years as a member of the Missouri Bar to the qualifications of one of the counsel. The court may also appoint other counsel whose background, knowledge, or experience would otherwise be proper representation of the defendant for postconviction relief. Finally, the state shall comply with any additional requirements of federal law and regulation relating to appointment of counsel for capital sentences and certification by the United States Attorney General.

This act contains provisions identical to SB 741 (2025) and HB 1169 (2025).
TRISTAN BENSON, JR.