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SECOND REGULAR SESSION
SENATE BILL NO. 1697
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
7310S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 566, RSMo, by adding thereto one new section relating to the death penalty for
certain sexual offenses.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 566, RSMo, is amended by adding thereto 1
one new section, to be known as section 566.250, to read as 2
follows:3
566.250. 1. This section shall be known and may be 1
cited as the "Anti-Epstein Child Protection Act". 2
2. Where statutory rape in the first degree or sexual 3
trafficking of a child in the first degree is charged but 4
not submitted or where the state waives the death penalty, 5
the submission to the trier and all subsequent proceedings 6
in the case shall proceed as in all other criminal cases. 7
3. Where statutory rape in the first degree or sexual 8
trafficking of a child in the first degree is submitted to 9
the trier without a waiver of the death penalty, the trial 10
shall proceed in two stages before the same trier. At the 11
first stage the trier shall decide only whether the 12
defendant is guilty or not guilty of any submitted offense. 13
The issue of punishment shall not be submitted to the trier 14
at the first stage. If an offense is charged other than 15
statutory rape in the first degree or sexual trafficking of 16
a child in the first degree in a count together with a count 17
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of statutory rape in the first degree or sexual trafficking 18
of a child in the first degree, the trial judge shall assess 19
punishment on any such offense according to law, after the 20
defendant is found guilty of such offense and after he finds 21
the defendant to be a prior offender pursuant to chapter 558. 22
4. If statutory rape in the first degree or sexual 23
trafficking of a child in the first degree is submitted and 24
the death penalty was not waived but the trier finds the 25
defendant guilty of a lesser sexual offense, a second stage 26
of the trial shall proceed as in all other criminal cases. 27
The attorneys may then argue as in other criminal cases the 28
issue of punishment, after which the trier shall assess and 29
declare the punishment as in all other criminal cases. 30
5. If the trier at the first stage of a trial where 31
the death penalty was not waived finds the defendant guilty 32
of statutory rape in the first degree or sexual trafficking 33
of a child in the first degree, a second stage of the trial 34
shall proceed at which the only issue shall be the 35
punishment to be assessed and declared. Evidence in 36
aggravation and mitigation of punishment, may be presented 37
subject to the rules of evidence at criminal trials. Such 38
evidence may include, within the discretion of the court, 39
evidence concerning the victim and the impact of the offense 40
upon the family of the victim and others. Rebuttal and 41
surrebuttal evidence may be presented. The state shall be 42
the first to proceed. If the trier is a jury it shall be 43
instructed on the law. The attorneys may then argue the 44
issue of punishment to the jury, and the state shall have 45
the right to open and close the argument. The trier shall 46
assess and declare the punishment at life imprisonment 47
without eligibility for probation, parole, or release except 48
by act of the governor: 49
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(1) If the trier finds by a preponderance of the 50
evidence that the defendant is intellectually disabled; 51
(2) If the trier concludes that there is evidence in 52
mitigation of punishment which is sufficient to outweigh the 53
evidence in aggravation of punishment found by the trier; or 54
(3) If the trier decides under all of the 55
circumstances not to assess and declare the punishment at 56
death. If the trier is a jury it shall be so instructed. 57
If the trier is a jury it shall be instructed before the 58
case is submitted that if it is unable to decide or agree 59
upon the punishment the court shall assess and declare the 60
punishment at life imprisonment without eligibility for 61
probation, parole, or release except by act of the governor 62
or death. The court shall follow the same procedure as set 63
out in this section whenever it is required to determine 64
punishment for statutory rape in the first degree or sexual 65
trafficking of a child in the first degree. 66
6. Upon written agreement of the parties and with 67
leave of the court, the issue of the defendant's 68
intellectual disability may be taken up by the court and 69
decided prior to trial without prejudicing the defendant's 70
right to have the issue submitted to the trier of fact as 71
provided in subsection 4 of this section. 72
7. As used in this section, the terms "intellectual 73
disability" or "intellectually disabled" refer to a 74
condition involving substantial limitations in general 75
functioning characterized by significantly subaverage 76
intellectual functioning with continual extensive related 77
deficits and limitations in two or more adaptive behaviors 78
such as communication, self-care, home living, social 79
skills, community use, self-direction, health and safety, 80
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functional academics, or leisure and work, which conditions 81
are manifested and documented before eighteen years of age. 82
8. The provisions of this section shall only govern 83
offenses committed on or after August 28, 2026. 84
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