AUTHORITY OF THE ATTORNEY GENERAL (Section 27.120)

This act provides that the Attorney General shall have the authority to prosecute for the offenses of first and second degree murder in St. Louis City.

Upon receiving a written request from a law enforcement agency, the Attorney General may commence prosecution if more than 90 days have commenced since the commission of the crime and no complaint or indictment has been filed or has been filed and dismissed. Once the Attorney General files a complaint or indictment, he or she may prosecute any additional violations connected to the underlying offense.

If the Attorney General commences prosecution, he or she shall have all authority, duties, and rights as the circuit attorney. No circuit attorney shall have the authority to commence, prosecute, or otherwise effect any criminal action once the Attorney General commences prosecution pursuant to this amendment. The circuit attorney must transfer all materials related to the criminal violation to the Attorney General within 15 days.

Upon any conviction by the Attorney General, he or she shall have exclusive authority to represent the state in all post-conviction relief proceedings.

These provisions shall apply to criminal offenses occurring before or after the effective date of this amendment.

These provisions shall expire on August 31, 2023.

FORFEITURE BY WRONGDOING (Section 491.016)

This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence if, after a hearing, the court finds by a preponderance of the evidence, that:

• The defendant engage in or acquiesced to wrongdoing with the purpose of causing the unavailability of the witness;

• The wrongdoing in which the defendant engage or acquiesced has caused the unavailability of the witness;

• The state excised due diligence to secure by subpoena or other means the attendance of the witness, or the witness is unavailable because the defendant caused the death of the witness; and

• The witness fails to appear at the hearing.

The hearing and finding to determine the admissibility of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.

This act is similar to provisions in SS/SB 1 (Extra Special Session 2020) and HCS/HB 1964 (2020).

MARY GRACE BRUNTRAGER