Bill > SB686

This bill establishes a new legal procedure in Missouri that allows individuals currently in the custody or supervision of the Department of Corrections to file a "freestanding claim of actual innocence" challenging their conviction. Under this proposed law, a court can review and potentially vacate (cancel) a previous criminal judgment if the person can provide clear and convincing evidence that fundamentally undermines the confidence in the original conviction. The court's review will consider multiple types of evidence, including information not presented during the original trial, evidence from the original trial, materials from direct appeals, and evidence from previous postconviction proceedings such as state or federal habeas actions. This provision gives convicted individuals an additional legal pathway to challenge their conviction by presenting new evidence that might prove their innocence, even after traditional appeal methods have been exhausted. The bill adds this new provision as section 547.034 to Missouri's existing legal statutes, specifically within Chapter 547, which typically deals with criminal procedure.

Justice

https://www.senate.mo.gov/25info/BTS_Web/Bill.aspx?SessionType=R&BillID=4195174