Bill > SB741

This bill modifies the legal process for appointing counsel to defendants sentenced to death in Missouri, expanding and clarifying the requirements for such appointments. The bill requires that when a death sentence is imposed, the circuit court must determine whether the defendant is indigent and, if so, immediately appoint two qualified attorneys to represent the defendant in postconviction relief motions. The attorneys must meet stringent qualifications, including having at least three years of criminal litigation experience, five years of Missouri Bar membership, successful completion of specific training programs, participation in multiple felony trials or appeals, and experience with postconviction motions. The bill also stipulates that appointed counsel cannot have represented the defendant at trial or during direct appeal. The state public defender is required to provide reasonable compensation and litigation expenses for these attorneys. Importantly, the bill requires the court to ensure the defendant understands the legal consequences before allowing them to reject appointed counsel, and it mandates that the state comply with federal requirements related to death penalty cases. The changes are designed to ensure high-quality legal representation for defendants facing postconviction challenges to death sentences.

Justice

https://www.senate.mo.gov/25info/BTS_Web/Bill.aspx?SessionType=R&BillID=5768633