HS HCS HB 26 & 117 -- DEATH PENALTY FOR MURDER (Kreider)

This bill adds the following offenses to the list of aggravating
circumstances for a first degree murder offense that is
punishable by death:  the murder of a child age 16 or less; the
murder of a person with developmental disability as defined in
section 630.005, RSMo; and the murder of a dependent adult.

FISCAL NOTE:  Estimated Partial Net Cost to General Revenue Fund
of $129,358 in FY 2000, $146,670 in FY 2001, and $150,683 in FY
2002.

HCS HB 26 & 117 -- FIRST DEGREE MURDER

SPONSOR:  Hosmer (Kreider)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 17 to 0.

This substitute expands the crime of murder in the first degree
to include situations when a person knowingly or recklessly
causes the death of a person less than 16 years of age, a
developmentally disabled person, or a dependent adult, and the
person has previously engaged in a pattern of assault or torture
on the person who died.

The substitute also adds murder of a child 16 years of age or
less to the list of aggravating circumstances for a first degree
murder offense that is punishable by death.

FISCAL NOTE:  Estimated Partial Net Cost to General Revenue Fund
of $129,358 in FY 2000, $146,670 in FY 2001, and $150,683 in FY
2002.

PROPONENTS:  Supporters say that the bills send a message to
criminals who abuse the most vulnerable members of society.
Supporters also say that a repeated pattern of abuse that
results in death is premeditated murder because the abuser has
been given ample time to reflect on the abuser's behavior and to
choose an alternative behavior.  Supporters also say that the
bills protect persons who cannot defend themselves.

Testifying for the bill were Representatives Kreider, Davis
(63), Luetkenhaus, and Kissell; and Cardinal Glennon Hospital.

OPPONENTS:  There was no opposition voiced to the committee.

Ted Wedel, General Counsel

HB 26 -- Death Penalty for Murder

Co-Sponsors:  Luetkenhaus, Kissell

The bill adds murder of a child 13 years of age or less to the
list of aggravating circumstances for a first degree murder
offense that is punishable by death.