Summary of the Introduced Bill

HB 1683 -- Death Penalty Commission

Sponsor:  Deeken

This bill places a moratorium on all executions until January 1,
2013, and establishes the Commission on the Death Penalty to
study the use of the death penalty.  The commission will consist
of 14 members, including two members of the Senate, two members
of the House of Representatives, the State Public Defender or his
or her designee, the Attorney General or his or her designee, a
criminal defense attorney, a county prosecutor, a police chief, a
person with a law enforcement background, a faith community
representative, a representative of the National Alliance for
Mental Illness, a family member of a murder victim, and a family
member of a person on death row.

The commission will make recommendations for changes to the laws
and court rules regarding death penalty cases to ensure that:

(1)  Defendants who are sentenced to death are in fact guilty of
first degree murder;

(2)  Defendants are provided adequate and experienced counsel and
adequate resources for the defense of their cases at trial and at
the appellate and post-conviction stages;

(3)  Race, income, and other arbitrary factors do not play an
impermissible role in determining which defendants are sentenced
to death;

(4)  Appellate and post-conviction procedures are adequate to
correct errors and injustices occurring at the trial level,
including access to evidence for forensic testing; and

(5)  Prosecutors throughout the state seek the death penalty
using similar criteria.

The commission must issue a report of its findings to the
Governor, General Assembly, and Missouri Supreme Court by
January 1, 2013.

Copyright (c) Missouri House of Representatives


Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm