SB 945 - Under current law, the court must set the date of execution for a person sentenced to death at least 30 but not more than 60 days from the date of judgment. Under Rule 30.30 of the Supreme Court Rules, if an execution is stayed, the Court must set a new date of execution upon a motion of the state or upon its own motion. The defendant has 30 days to respond to the motion. This act provides that, in cases in which a defendant kidnapped a victim before causing the victim's death, the Supreme Court must issue a warrant directing the chief administrative officer of the correctional facility to execute the defendant within ten days after the defendant has completed his or her direct appeal, post-conviction appeal, and habeas corpus petition, or allowed the time permitted for filing a habeas corpus petition in federal court to expire.
In addition, this act sets limits on the extensions and exceptions that may be granted in appeals in capital cases in which the defendant kidnapped the victim before causing the victim's death. This act requires the Supreme Court to advance such appeals on the court docket and hear oral arguments in such cases no later than six months after the filing of the final reply brief. The Supreme Court must issue a written decision no later than six months after oral argument.
This act requires the Supreme Court to notify the parties of certain issues that have not been raised in the appellate briefs no later than 60 days before the scheduled oral argument and prohibits the Court from considering issues that are not identified at least 60 days before the oral argument.
This act is substantially similar to HB 2048 (2014).
MEGHAN LUECKE