Bill > HB1169

This bill establishes new provisions for postconviction relief in death sentence cases by updating section 547.370 of Missouri law. The bill requires courts to determine whether a defendant seeking to set aside a death sentence is indigent, and if so, to appoint two qualified attorneys to represent them. If the defendant wishes to reject appointed counsel, the court must first determine through a hearing that the defendant is competent to make such a decision and understands its legal consequences. The bill mandates that at least one appointed attorney must meet specific qualifications, including recent training in postconviction criminal law, at least three years of criminal litigation experience, participation in multiple postconviction motions and felony trials or appeals, and certification of their qualifications to the state public defender. The appointed attorneys cannot have previously represented the defendant at trial or in direct appeal, and the state public defender must provide reasonable compensation and litigation expenses. Additionally, the bill specifies that these provisions apply to motions challenging death sentences under Missouri Supreme Court rules and require compliance with specific federal regulations related to postconviction proceedings in death penalty cases.