SPONSOR: Washington
This bills specifies that a person convicted of felony murder under Section 565.021, RSMo, as it existed prior to August 28, 2020, under certain provisions of the statute may file a petition in the court in which he or she was sentenced to have the conviction vacated and to be re-sentenced when certain conditions apply. The court must review the petition and determine whether the petitioner is eligible for re-sentencing. If the person shows that, at first glance, he or she is entitled to relief, the court must issue an order to show cause and, within 60 days after the order is issued, the court must hold a hearing to determine whether to vacate the murder conviction and re-sentence the person. A person who is re- sentenced under this section will be given credit for time served.
The bill amends the second degree murder statute, specifying that a person commits the offense of murder in the second degree if he or she:
(1) With the intent to cause the death of another person, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted a person to cause the death of another person; or
(2) Was a major participant in the underlying felony that resulted in the death of another person.
The bill specifies what the court must consider when determining whether a person was a major participant in the underlying felony.
Statutes affected: