Read 1st time January 13, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 557.036, RSMo Supp. 1999, relating to criminal procedure, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 557.036, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 557.036, to read as follows:
557.036. 1. Subject to the limitation provided in subsection [3] 2 of this section, upon a finding of guilt upon verdict or plea in all cases of felony and misdemeanor, the court shall decide the extent or duration of sentence or other disposition as authorized by law to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant and render judgment accordingly.
2. [The court shall instruct the jury as to the range of punishment authorized by statute and upon a finding of guilt to assess and declare the punishment as a part of their verdict, unless:
(1) The defendant requests in writing, prior to voir dire, that the court assess the punishment in case of a finding of guilt; or
(2) The state pleads and proves the defendant is a prior offender, persistent offender, dangerous offender, or persistent misdemeanor offender as defined in section 558.016, RSMo, a persistent sexual offender as defined in section 558.018, RSMo, or a predatory sexual offender as defined in section 558.018, RSMo. If the jury finds the defendant guilty but cannot agree on the punishment to be assessed, the court shall proceed as provided in subsection 1 of this section. If there be a trial by jury and the jury is to assess punishment and if after due deliberation by the jury the court finds the jury cannot agree on punishment, then the court may instruct the jury that if it cannot agree on punishment that it may return its verdict without assessing punishment and the court will assess punishment.
3. If the jury returns a verdict of guilty and declares a term of imprisonment as provided in subsection 2 of this section, the court shall proceed as provided in subsection 1 of this section except that any term of imprisonment imposed cannot exceed the term declared by the jury unless the term declared by the jury is less than the authorized lowest term for the offense, in which event the court cannot impose a term of imprisonment greater than the lowest term provided for the offense.
4.] Where the offense of murder in the first degree is submitted to the trier without a waiver of the death penalty, and the trier has returned a verdict of guilty to the offense after the first stage of trial as provided in subsection 2 of section 565.030, RSMo, if the trier is a jury, the jury shall be instructed as to the authorized punishment as provided in subsection 4 of section 565.030, RSMo. If the jury is unable to decide or agree upon punishment, the court shall assess punishment as provided in subsection 4 of section 565.030, RSMo.
3. If the defendant is found to be guilty of a felony offense upon verdict or plea and is also found to be a prior offender, persistent offender, dangerous offender or persistent misdemeanor offender as defined in section 558.016, RSMo[:
(1) If he has been found guilty of an offense, the court shall proceed as provided in section 558.016, RSMo; or
(2) If he has been found guilty of a class A felony, the court may impose any sentence authorized for the class A felony.
5. The court shall not seek an advisory verdict from the jury in cases of prior offenders, persistent offenders, dangerous
offenders, persistent sexual offenders or predatory sexual offenders; if an advisory verdict is rendered, the court shall not
deem it advisory, but shall consider it as mere surplusage], the court shall proceed to decide the extent or duration of
sentence as provided in section 558.016, RSMo.
Missouri House of Representatives