HOUSE BILL NO. 2141 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DAVIS.
5708H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 565.030, RSMo, and to enact in lieu thereof one new section relating to trial procedures for murder in the first degree.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.030, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 565.030, to read as follows: 565.030. 1. Where murder in the first degree is charged but not submitted or where 2 the state waives the death penalty, the submission to the trier and all subsequent proceedings 3 in the case shall proceed as in all other criminal cases. 4 2. Where murder in the first degree is submitted to the trier without a waiver of the 5 death penalty, the trial shall proceed in two stages before the same trier. At the first stage the 6 trier shall decide only whether the defendant is guilty or not guilty of any submitted offense. 7 The issue of punishment shall not be submitted to the trier at the first stage. If an offense is 8 charged other than murder in the first degree in a count together with a count of murder in the 9 first degree, the trial judge shall assess punishment on any such offense according to law, after 10 the defendant is found guilty of such offense and after he finds the defendant to be a prior 11 offender pursuant to chapter 558. 12 3. If murder in the first degree is submitted and the death penalty was not waived but 13 the trier finds the defendant guilty of a lesser homicide, a second stage of the trial shall 14 proceed as in all other criminal cases. The attorneys may then argue as in other criminal cases 15 the issue of punishment, after which the trier shall assess and declare the punishment as in all 16 other criminal cases.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2141 2
17 4. If the trier at the first stage of a trial where the death penalty was not waived finds 18 the defendant guilty of murder in the first degree, a second stage of the trial shall proceed at 19 which the only issue shall be the punishment to be assessed and declared. Evidence in 20 aggravation and mitigation of punishment, including but not limited to evidence supporting 21 any of the aggravating or mitigating circumstances listed in subsection 2 or 3 of section 22 565.032, may be presented subject to the rules of evidence at criminal trials. Such evidence 23 may include, within the discretion of the court, evidence concerning the murder victim and 24 the impact of the offense upon the family of the victim and others. Rebuttal and surrebuttal 25 evidence may be presented. The state shall be the first to proceed. If the trier is a jury it shall 26 be instructed on the law. The attorneys may then argue the issue of punishment to the jury, 27 and the state shall have the right to open and close the argument. The trier shall assess and 28 declare the punishment at life imprisonment without eligibility for probation, parole, or 29 release except by act of the governor: 30 (1) If the trier finds by a preponderance of the evidence that the defendant is 31 intellectually disabled; or 32 (2) If the trier does not find beyond a reasonable doubt at least one of the statutory 33 aggravating circumstances set out in subsection 2 of section 565.032; or 34 (3) If the trier concludes that there is evidence in mitigation of punishment, including 35 but not limited to evidence supporting the statutory mitigating circumstances listed in 36 subsection 3 of section 565.032, which is sufficient to outweigh the evidence in aggravation 37 of punishment found by the trier; or 38 (4) If the trier decides under all of the circumstances not to assess and declare the 39 punishment at death. If the trier is a jury it shall be so instructed. 40 41 If the trier assesses and declares the punishment at death it shall, in its findings or verdict, set 42 out in writing the aggravating circumstance or circumstances listed in subsection 2 of section 43 565.032 which it found beyond a reasonable doubt. If the trier is a jury it shall be instructed 44 before the case is submitted that if it is unable to decide or agree upon the punishment the 45 court shall assess and declare the punishment at life imprisonment without eligibility for 46 probation, parole, or release except by act of the governor [or death]. The court shall follow 47 the same procedure as set out in this section whenever it is required to determine punishment 48 for murder in the first degree. 49 5. Upon written agreement of the parties and with leave of the court, the issue of the 50 defendant's intellectual disability may be taken up by the court and decided prior to trial 51 without prejudicing the defendant's right to have the issue submitted to the trier of fact as 52 provided in subsection 4 of this section. HB 2141 3
53 6. As used in this section, the terms "intellectual disability" or "intellectually 54 disabled" refer to a condition involving substantial limitations in general functioning 55 characterized by significantly subaverage intellectual functioning with continual extensive 56 related deficits and limitations in two or more adaptive behaviors such as communication, 57 self-care, home living, social skills, community use, self-direction, health and safety, 58 functional academics, leisure and work, which conditions are manifested and documented 59 before eighteen years of age. 60 7. The provisions of this section shall only govern offenses committed on or after 61 August 28, 2001. ✔
Statutes affected: