SB 930 – Creates a death penalty commission and a moratorium on the death penalty until January 1, 2014

• Sponsor: Justus
• LR Number: 4751S.02I
• Committee: Judiciary and Civil and Criminal Jurisprudence
• Last Action: 2/11/2010 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
• Journal Page: S317
• Effective Date: August 28, 2010

Current Bill Summary

SB 930 - This act creates a ten-member commission to study the death penalty in Missouri. It requires the commission to hold public hearings and study all aspects of the death penalty as administered in Missouri, including all cases in which the death penalty was sought. Through the use of random sampling, the commission will review a statistical representation of those cases in which charges of first degree murder, second degree murder, or voluntary manslaughter were filed after January 1, 1977. The review and analysis shall examine data concerning the facts of the offenses, the county where charges were filed, the charges originally filed, the crime for which the person was convicted, the sentence, personal information about the convicted person, evidence of mental retardation, prior criminal history of the defendant, information about the legal defense team and prosecutors, the body of evidence used to obtain a conviction, results of appellate review and post-conviction review, and costs for implementing the sentence.

In considering the experience and training of attorneys, the commission shall consider the experience and training levels required by the Missouri Supreme Court, other courts and legislatures, and recommendations of national associations.

Findings and recommendations of the commission shall be reported to the Governor, the Missouri Supreme Court and the General Assembly by January 1, 2014. The commission shall recommend any proposed modifications to Missouri law necessary to ensure adequacy of trial and appellate legal counsel, accuracy of findings of guilt of the accused, elimination of race disparity in charging and sentencing, fair court procedures and fair and consistent charging and sentence recommendations made by local prosecutors around the state.

The act prohibits executions during the period of review, which shall be from August 28, 2010 to January 1, 2014.

This act is identical to SB 439 (2007), HB 445 (2007), SB 800 (2008), and similar to SB 321 (2009) and HB 1683 (2010).

SUSAN HENDERSON MOORE