To repeal section 546.680, RSMo 1994, and section 600.042, RSMo Supp. 1996, relating to procedures in capital cases, and to enact in lieu thereof two new sections relating to the same subject.

     Section A. Section 546.680, RSMo 1994, and section 600.042, RSMo Supp. 1996, are repealed and two new sections enacted in lieu thereof, to be known as sections 546.680 and 600.042, to read as follows:

     546.680. 1. When judgment of death is rendered by any court of competent jurisdiction, a warrant signed by the judge and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and judgment and appoint a day on which the judgment must be executed, which must not be less than thirty nor more than sixty days from the date of judgment, and must direct the sheriff to deliver the defendant, at a time specified in said order, not more than ten days from the date of judgment, to the chief administrative officer of a correctional facility of the department of corrections, for execution.

     2. If a defendant under a sentence of death files a motion under Supreme Court Rule 24.035 or 29.15 challenging such defendant's conviction or sentence, the court having jurisdiction over such proceeding shall enter an order of record in which it:

     (1) Appoints counsel to represent the defendant in that proceeding upon a finding that the defendant is indigent and either accepts the appointment of counsel or is unable to decide, in a competent manner, whether to accept or reject the appointment of counsel; or

     (2) Declines to appoint counsel based upon a finding, after a hearing if necessary, that the defendant rejects the appointment of counsel and does so with an understanding of the legal consequences of that decision; or

     (3) Declines to appoint counsel based upon a finding that the defendant is not indigent.

     600.042. 1. The director shall:

     (1) Direct and supervise the work of the deputy directors and other state public defender office personnel appointed pursuant to this chapter; and he and the chief deputy director may participate in the trial and appeal of criminal actions at the request of the defender or upon order of the commission;

     (2) Submit to the commission, between August fifteenth and September fifteenth of each year, a report which shall include all pertinent data on the operation of the state public defender system, the costs, projected needs, and recommendations for statutory changes. Prior to October fifteenth of each year, the commission shall submit such report along with such recommendations, comments, conclusions, or other pertinent information it chooses to make to the chief justice, the governor, and the general assembly. Such reports shall be a public record, shall be maintained in the office of the state public defender, and shall be otherwise distributed as the commission shall direct;

     (3) With the approval of the commission, establish such divisions, facilities and offices and select such professional, technical and other personnel, including investigators, as he deems reasonably necessary for the efficient operation and discharge of the duties of the state public defender system under this chapter;

     (4) Administer and coordinate the operations of defender services and be responsible for the overall supervision of all personnel, offices, divisions and facilities of the state public defender system, except that the director shall have no authority to direct or control the legal defense provided by a defender to any person served by the state public defender system;

     (5) Develop programs and administer activities to achieve the purposes of this chapter;

     (6) Keep and maintain proper financial records with respect to the providing of all public defender services for use in the calculating of direct and indirect costs of any or all aspects of the operation of the state public defender system;

     (7) Supervise the training of all public defenders, assistant public defenders, deputy public defenders and other personnel and establish such training courses as shall be appropriate;

     (8) With approval of the commission, promulgate necessary rules, regulations and instructions consistent with this chapter defining the organization of his office and the responsibilities of public defenders, assistant public defenders, deputy public defenders and other personnel;

     (9) With the approval of the commission, apply for and accept on behalf of the public defender system any funds which may be offered or which may become available from government grants, private gifts, donations or bequests or from any other source. Such moneys shall be deposited in the state general revenue fund;

     (10) Contract for legal services with private attorneys on a case-by-case basis and with assigned counsel as the commission deems necessary considering the needs of the area, for fees approved and established by the commission;

     (11) With the approval and on behalf of the commission, contract with private attorneys for the collection and enforcement of liens and other judgments owed to the state for services rendered by the state public defender system.

     2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     3. The director and defenders shall, within guidelines as established by the commission and as set forth in subsection 4 of this section, accept requests for legal services from eligible persons entitled to counsel under this chapter or otherwise so entitled under the constitution or laws of the United States or of the state of Missouri and provide such persons with legal services when, in the discretion of the director or the defenders, such provision of legal services is appropriate.

     4. The director and defenders shall provide legal services to an eligible person:

     (1) Who is detained or charged with a felony, including appeals from a conviction in such a case, and appeals under Supreme Court Rule 24.035 or 29.15 where the person is appealing a sentence of death;

     (2) Who is detained or charged with a misdemeanor which will probably result in confinement in the county jail upon conviction, including appeals from a conviction in such a case;

     (3) Who is detained or charged with a violation of probation or parole;

     (4) For whom the federal constitution or the state constitution requires the appointment of counsel; and

     (5) For whom, in a case in which he faces a loss or deprivation of liberty, any law of this state requires the appointment of counsel; however, the director and the defenders shall not be required to provide legal services to persons charged with violations of county or municipal ordinances.

     5. The director may:

     (1) Delegate the legal representation of any person to any member of the state bar of Missouri;

     (2) Designate persons as representatives of the director for the purpose of making indigency determinations and assigning counsel.

     6. Where the office of the public defender is appointed to represent a prisoner under a sentence of death in a proceeding under Supreme Court Rule 24.035 or 29.15, the director shall designate or the court shall appoint at least one attorney who:

     (1) Is a member of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

     (2) Is an experienced trial practitioner with at least three years litigation experience in the field of criminal defense; and

     (3) Has prior experience as counsel in no fewer than five jury or bench trials of class A or B felonies which were tried to completion, as well as prior experience as postconviction counsel in at least three cases in state or federal court. In addition, of the jury or bench trials which were tried to completion, the attorney shall have been counsel in at least three trials in which the charge was murder or aggravated murder; or alternatively, the attorney shall have been counsel in at least one murder or aggravated murder trial and an additional three felony jury trials; and

     (4) Is familiar with the practice and procedure of the appropriate courts of the jurisdiction; and

     (5) Has attended and successfully completed a training or educational program on criminal advocacy which focused on the postconviction phase of a criminal case or, alternatively, a program which focused on the trial of cases in which the death penalty is sought; and

     (6) Has demonstrated the necessary proficiency and commitment which exemplifies the quality of representation appropriate to capital cases.

The provisions of this subsection shall apply only to capital postconviction cases filed in this state on or after August 28, 1997.

     7. The court, for good cause, may appoint another attorney whose background, knowledge, or experience would enable such attorney to properly represent the defendant, despite the fact that such attorney does not meet the qualifications of subdivision (2) or (3) of subsection 6 of this section. In appointing such attorney, the court shall consider the severity of the possible criminal penalty and the unique and complex nature of the litigation.

     8. No attorney designated by the director or appointed by the court to represent a prisoner under a sentence of death in a proceeding under Supreme Court Rule 24.035 or 29.15 shall have represented the prisoner at the trial which led to the sentence of death, or on the direct appeal therefrom, unless both the prisoner and the attorney consent in writing to such representation.