HB 1870 -- Commission on the Death Penalty

Sponsor:  Roorda

This bill places a moratorium on all executions until January 1,
2013, and establishes the Commission on the Death Penalty within
the Office of Administration to study all aspects of the death
penalty including several specified issues.  The commission will
consist of 10 members, including two members of the Senate with
one from each party appointed by the President Pro Tem and the
Minority Leader, two members of the House of Representatives with
one from each party appointed by the Speaker and the Minority
Leader, the State Public Defender or his or her designee, the
Attorney General or his or her designee, a criminal defense
attorney appointed by the Missouri Association of Criminal
Defense Lawyers, a county prosecutor appointed by the Missouri
Association of Prosecuting Attorneys, and a family member of a
murder victim and a family member of a person on death row both
appointed by the Director of the Department of Corrections.  The
membership must be comprised equally of individuals in favor and
in opposition to the death penalty.

The commission must hold public hearings throughout the state and
make recommendations for changes to the laws and court rules
regarding cases in which the death penalty is sought or imposed
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 does not play an impermissible role in determining
which defendants are sentenced to death;

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

(5)  All prosecutors throughout the state use similar criteria to
determine whether to seek the death penalty in a case involving
criminal homicide.

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

The Office of Administration is required to issue an annual
report to the Governor, Speaker of the House of Representatives,
and President Pro Tem of the Senate estimating the total state
costs of the disposition and implementation of the death penalty
during the year.  If the state, at any time, abolishes or repeals
the death penalty, the money saved annually as determined by the
Office of Administration will be deposited into the newly created
Cold Case Investigation Revolving Fund.  The fund will be
administered by the Department of Public Safety to reimburse law
enforcement agencies for the costs associated with reopening old
investigations involving homicides, missing persons, sexual
assaults, and child abductions.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm