Bill > HB731

This bill establishes a new legal procedure in Missouri that allows individuals in the custody or under the supervision of the Department of Corrections to file a "freestanding claim of actual innocence" in postconviction proceedings. Under this proposed law, courts would have the authority to review such claims if there is clear and convincing evidence supporting the assertion of innocence. The court must comprehensively evaluate all relevant evidence, including both new evidence not previously presented and evidence from the original trial, appeals, and other legal proceedings. If the court determines that the evidence sufficiently undermines confidence in the original judgment—meeting the "clear and convincing evidence" standard—the court can vacate or set aside the original conviction. This provision essentially provides an additional legal mechanism for individuals to challenge their convictions by presenting new or previously unconsidered evidence that suggests they were wrongfully convicted, with a high evidentiary standard to prevent frivolous claims while offering a pathway for potential judicial review of potentially wrongful convictions.

Justice

https://house.mo.gov/Bill.aspx?bill=HB731&year=2025&code=R