HOUSE BILL NO. 2254 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOVIS.
4956H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 547.370, RSMo, and to enact in lieu thereof one new section relating to postconviction relief.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 547.370, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 547.370, to read as follows: 547.370. 1. [When a motion is filed as provided in section 547.360 to set aside a 2 sentence of death, the court shall] Whenever the death penalty is imposed in any case, the 3 circuit court shall, at the time it imposes sentence and judgment, find on the record 4 whether the [movant] defendant is indigent. If the [movant] defendant is indigent, the court 5 shall, without delay, cause to be appointed two counsel to represent the [movant] defendant 6 in the preparation and litigation of the defendant's motion under Missouri supreme 7 court rule 24.035 or 29.15. If [movant] the defendant seeks to reject the appointment of 8 counsel, the court shall find on the record, after a hearing, if necessary, whether the [movant] 9 defendant is able to competently decide whether to accept or reject the appointment and 10 whether the [movant] defendant rejected the offer with the understanding of its legal 11 consequences. Unless the [movant] defendant is so competent and understands the legal 12 consequences, [movant] the defendant shall not be permitted to reject the appointment of 13 counsel. If the defendant is not indigent, the court may enter an order denying the 14 appointment of counsel. 15 2. All counsel appointed as provided in this section shall be members of The Missouri 16 Bar or shall be admitted to practice in the particular case as provided in Missouri supreme 17 court rule 9. At least one of the counsel shall meet the following qualifications:
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 2254 2
18 (1) Have attended and successfully completed within two years immediately 19 preceding the appointment at least twelve hours of training or educational programs on the 20 postconviction phase of a criminal case and federal and state aspects of cases in which the 21 death penalty is sought; and 22 (2) Have at least three years of litigation experience in the field of criminal law and 23 three years of litigation experience in the field of postconviction law; and 24 (3) Have participated as counsel or co-counsel to final judgment in at least five 25 postconviction motions involving class A felonies in either state or federal trial courts; and 26 (4) Have participated in either state or federal court as counsel or co-counsel to final 27 judgment in at least: 28 (a) Three felony jury trials; or 29 (b) Five direct criminal appeals in felony cases; and 30 (c) Have been a member of the Missouri Bar for a period of at least five years. 31 32 Upon a showing of good cause, the circuit court may appoint other counsel whose 33 background, knowledge, or experience would otherwise enable such counsel to properly 34 represent the defendant in any motion under Missouri supreme court rule 24.035 or 35 29.15, with due consideration of the seriousness of the penalty and the unique and 36 complex nature of the litigation. Counsel shall certify to the state public defender in such 37 form as the defender may require that counsel meets the qualifications of this section prior to 38 filing counsel's entry of appearance in the case. 39 3. Counsel appointed to represent the [movant] defendant shall not have represented 40 the [movant] defendant at trial [or on] and shall not represent the defendant in the direct 41 appeal therefrom. 42 4. As to any counsel appointed as provided in this section, the state public defender 43 shall provide counsel with reasonable compensation and shall provide reasonable and 44 necessary litigation expenses. 45 5. This section shall apply whenever the death penalty is imposed in any case and 46 to any motions under Missouri supreme court rule 24.035 or 29.15 filed by a movant 47 challenging a sentence of death. 48 6. The state shall comply with any additional requirements under 28 U.S.C 49 Sections 2261 and 2265 and 28 CFR Section 26.22 that are not specifically contained in 50 this section. ✔
Statutes affected: