HOUSE BILL NO. 2876 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COLLINS.
5612H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 565.030 and 565.032, RSMo, and to enact in lieu thereof two new sections 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Section A. Sections 565.030 and 565.032, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 565.030 and 565.032, to read as follows: 565.030. 1.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 2876 2
17 4. (1) If the trier at the first stage of a trial where the death penalty was not waived 18 finds the defendant guilty of murder in the first degree, a second stage of the trial shall 19 proceed at which the only issue shall be the punishment to be assessed and declared. At this 20 second stage, only a jury shall assess and declare punishment. If a defendant waives a 21 jury trial, or a jury has not been empaneled, the court shall only assess and declare 22 punishment as life imprisonment without eligibility for probation, parole, or release 23 except by act of the governor. 24 (2) Evidence in aggravation and mitigation of punishment, including but not limited 25 to evidence supporting any of the aggravating or mitigating circumstances listed in subsection 26 2 or 3 of section 565.032, may be presented subject to the rules of evidence at criminal trials. 27 Such evidence may include, within the discretion of the court, evidence concerning the 28 murder victim and the impact of the offense upon the family of the victim and others. 29 Rebuttal and surrebuttal evidence may be presented. The state shall be the first to proceed. If 30 the trier is a jury, it shall be instructed on the law. The attorneys may then argue the issue of 31 punishment to the jury, and the state shall have the right to open and close the argument. 32 (3) The [trier] jury shall assess and declare the punishment at life imprisonment 33 without eligibility for probation, parole, or release except by act of the governor: 34 [(1)] (a) If the [trier] jury finds by a preponderance of the evidence that the defendant 35 is intellectually disabled; or 36 [(2)] (b) If the [trier] jury does not find beyond a reasonable doubt at least one of the 37 statutory aggravating circumstances set out in subsection 2 of section 565.032; or 38 [(3)] (c) If the [trier] jury concludes that there is evidence in mitigation of 39 punishment, including but not limited to evidence supporting the statutory mitigating 40 circumstances listed in subsection 3 of section 565.032, which is sufficient to outweigh the 41 evidence in aggravation of punishment found by the trier; or 42 [(4)] (d) If the [trier] jury decides under all of the circumstances not to assess and 43 declare the punishment at death. [If the trier is a] The jury [it] shall be so instructed. 44 45 If the [trier] jury assesses and declares the punishment at death, it shall, in its findings or 46 verdict, set out in writing the aggravating circumstance or circumstances listed in subsection 2 47 of section 565.032 which it found beyond a reasonable doubt. If the trier is a jury, it shall be 48 instructed before the case is submitted that if it is unable to decide or agree upon the 49 punishment the court shall assess and declare the punishment at life imprisonment without 50 eligibility for probation, parole, or release except by act of the governor [or death. The court 51 shall follow the same procedure as set out in this section whenever it is required to determine 52 punishment for murder in the first degree]. Any defendant whose sentence was assessed 53 prior to August 28, 2026, by a judge after a jury was unable to reach a unanimous HB 2876 3
54 decision shall, on motion in the court where the original sentence was assessed or in the 55 circuit court of the county where the defendant is currently incarcerated, be resentenced 56 to life imprisonment without eligibility for probation, parole, or release except by act of 57 the governor. 58 5. Upon written agreement of the parties and with leave of the court, the issue of the 59 defendant's intellectual disability may be taken up by the court and decided prior to trial 60 without prejudicing the defendant's right to have the issue submitted to the trier of fact as 61 provided in subsection 4 of this section. 62 6. As used in this section, the terms "intellectual disability" or "intellectually 63 disabled" refer to a condition involving substantial limitations in general functioning 64 characterized by significantly subaverage intellectual functioning with continual extensive 65 related deficits and limitations in two or more adaptive behaviors such as communication, 66 self-care, home living, social skills, community use, self-direction, health and safety, 67 functional academics, leisure and work, which conditions are manifested and documented 68 before eighteen years of age. 69 7. The provisions of this section shall only govern offenses committed on or after 70 August 28, 2001. 565.032. 1. In all cases of murder in the first degree for which the death penalty is 2 authorized, the judge [in a jury-waived trial shall consider, or] shall include in his or her 3 instructions to the jury for it to consider: 4 (1) Whether a statutory aggravating circumstance or circumstances enumerated in 5 subsection 2 of this section is established by the evidence beyond a reasonable doubt; and 6 (2) If a statutory aggravating circumstance or circumstances is proven beyond a 7 reasonable doubt, whether the evidence as a whole justifies a sentence of death or a sentence 8 of life imprisonment without eligibility for probation, parole, or release except by act of the 9 governor. 10 11 In determining the issues enumerated in subdivisions (1) and (2) of this subsection, the trier 12 shall consider all evidence which it finds to be in aggravation or mitigation of punishment, 13 including evidence received during the first stage of the trial and evidence supporting any of 14 the statutory aggravating or mitigating circumstances set out in subsections 2 and 3 of this 15 section. If the trier is a jury, it shall not be instructed upon any specific evidence which may 16 be in aggravation or mitigation of punishment, but shall be instructed that each juror shall 17 consider any evidence which he or she considers to be aggravating or mitigating. 18 2. Statutory aggravating circumstances for a murder in the first degree offense shall 19 be limited to the following: HB 2876 4
20 (1) The offense was committed by a person with a prior record of conviction for 21 murder in the first degree, or the offense was committed by a person who has one or more 22 serious assaultive criminal convictions; 23 (2) The murder in the first degree offense was committed while the offender was 24 engaged in the commission or attempted commission of another unlawful homicide; 25 (3) The offender by his or her act of murder in the first degree knowingly created a 26 great risk of death to more than one person by means of a weapon or device which would 27 normally be hazardous to the lives of more than one person; 28 (4) The offender committed the offense of murder in the first degree for himself or 29 herself or another, for the purpose of receiving money or any other thing of monetary value 30 from the victim of the murder or another; 31 (5) The murder in the first degree was committed against a judicial officer, former 32 judicial officer, prosecuting attorney or former prosecuting attorney, circuit attorney or former 33 circuit attorney, assistant prosecuting attorney or former assistant prosecuting attorney, 34 assistant circuit attorney or former assistant circuit attorney, peace officer or former peace 35 officer, elected official or former elected official during or because of the exercise of his 36 official duty; 37 (6) The offender caused or directed another to commit murder in the first degree or 38 committed murder in the first degree as an agent or employee of another person; 39 (7) The murder in the first degree was outrageously or wantonly vile, horrible or 40 inhuman in that it involved torture, or depravity of mind; 41 (8) The murder in the first degree was committed against any peace officer, or 42 fireman while engaged in the performance of his or her official duty; 43 (9) The murder in the first degree was committed by a person in, or who has escaped 44 from, the lawful custody of a peace officer or place of lawful confinement; 45 (10) The murder in the first degree was committed for the purpose of avoiding, 46 interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of 47 himself or herself or another; 48 (11) The murder in the first degree was committed while the defendant was engaged 49 in the perpetration or was aiding or encouraging another person to perpetrate or attempt to 50 perpetrate a felony of any degree of rape, sodomy, burglary, robbery, kidnapping, or any 51 felony offense in chapter 195 or 579; 52 (12) The murdered individual was a witness or potential witness in any past or 53 pending investigation or past or pending prosecution, and was killed as a result of his or her 54 status as a witness or potential witness; 55 (13) The murdered individual was an employee of an institution or facility of the 56 department of corrections of this state or local correction agency and was killed in the course HB 2876 5
57 of performing his or her official duties, or the murdered individual was an inmate of such 58 institution or facility; 59 (14) The murdered individual was killed as a result of the hijacking of an airplane, 60 train, ship, bus or other public conveyance; 61 (15) The murder was committed for the purpose of concealing or attempting to 62 conceal any felony offense defined in chapter 195 or 579; 63 (16) The murder was committed for the purpose of causing or attempting to cause a 64 person to refrain from initiating or aiding in the prosecution of a felony offense defined in 65 chapter 195 or 579; 66 (17) The murder was committed during the commission of an offense which is part of 67 a pattern of criminal street gang activity as defined in section 578.421. 68 3. Statutory mitigating circumstances shall include the following: 69 (1) The defendant has no significant history of prior criminal activity; 70 (2) The murder in the first degree was committed while the defendant was under the 71 influence of extreme mental or emotional disturbance; 72 (3) The victim was a participant in the defendant's conduct or consented to the act; 73 (4) The defendant was an accomplice in the murder in the first degree committed by 74 another person and his or her participation was relatively minor; 75 (5) The defendant acted under extreme duress or under the substantial domination of 76 another person; 77 (6) The capacity of the defendant to appreciate the criminality of his or her conduct or 78 to conform his or her conduct to the requirements of law was substantially impaired; 79 (7) The age of the defendant at the time of the offense. ✔
Statutes affected: