HB1288I-Introduced Bill Text
SECOND REGULAR SESSION
HOUSE BILL NO. 1288
89TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SCHILLING (Sponsor), BRAY, HOSMER,
DANIEL (42), TROUPE, PRYOR, McLUCKIE, HILGEMANN AND STROKER.
Read 1st time January 13, 1998 and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 565.020, RSMo 1994, relating to murder, and to enact in lieu thereof one new
section relating to the same subject, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.020, RSMo 1994, is repealed and one new section enacted in lieu
thereof, to be known as section 565.020, to read as follows:
565.020. 1. A person commits the crime of murder in the first degree if [he] such person
knowingly causes the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or
imprisonment for life without eligibility for probation or parole, or release except by act of the
governor; except that, if a person has not reached [his] such person's sixteenth birthday at the
time of the commission of the crime or is mentally retarded as defined in section 630.005,
RSMo, the punishment shall be imprisonment for life without eligibility for probation or parole,
or release except by act of the governor.
3. Evidence of mental retardation shall be heard and determined by the trial court out of
hearing of the jury prior to submission of the case to the jury, for the purpose of determining whether the death penalty may be imposed upon the defendant. Any evidence submitted during this pretrial phase may be submitted at trial in the presence of the jury if such
evidence is relevant to any other issue.
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