S0076.01I< p>

SB 56 - This act, prompted by the passage of the Federal Anti-Terrorism Bill earlier this year, provides for certain procedures in death penalty appeals. Such procedures are necessary if Missouri is to take advantage of the expedited death penalty appeals process provided by the federal law.

REQUIREMENTS FOR RECORDING APPOINTMENT OF COUNSEL:

When a defendant challenges a death sentence pursuant to Supreme Court Rule 24.035 (guilty plea) or Rule 29.15 (trial), the court shall enter an order in which it: 1) appoints counsel because defendant is indigent or unable to choose counsel in a competent manner; 2) declines to appoint counsel after the defendant refuses counsel with an understanding of the legal consequences of doing so; or 3) declines to appoint counsel after finding that the defendant is not indigent.

STANDARDS FOR COUNSEL OF DEATH PENALTY DEFENDANTS:

When the Office of the Public Defender is appointed to represent a defendant in a death penalty appeal under Rule 24.035 or 29.15, the Director shall appoint at least one attorney who meets each of the following:

1) is admitted to practice in Missouri or admitted to practice for the case in question;

2) has at least three years experience in criminal defense;

3) has sufficient courtroom experience;

4) is familiar with the practice and procedure of courts within the jurisdiction;

5) has successfully completed a training program on criminal advocacy which focused on either postconviction review or the death penalty; and

6) has demonstrated the necessary proficiency and commitment to represent death penalty defendants.

No attorney who represented the defendant at trial shall represent the defendant on appeal unless both the defendant and attorney consent in writing to such representation.

JAMES KLAHR