Bill > SB1391

This bill modifies the procedures for appointing legal counsel for defendants who have been sentenced to death in Missouri. The bill requires that when a death sentence is imposed, the circuit court must determine whether the defendant is indigent (unable to afford a lawyer). If the defendant is indigent, the court must immediately appoint two attorneys to represent the defendant in postconviction relief motions. The bill establishes specific qualifications for these attorneys, including at least five years of Missouri Bar membership, 12 hours of recent training in postconviction cases, three years of criminal litigation experience, participation in multiple felony trials or appeals, and experience with postconviction motions. The appointed counsel cannot be the same attorney who represented the defendant at trial or during the direct appeal. The state public defender is required to provide reasonable compensation and litigation expenses for these attorneys. The bill also requires that if a defendant seeks to reject the appointed counsel, the court must ensure the defendant fully understands the legal consequences of such a decision. Additionally, the bill mandates compliance with federal requirements related to death penalty cases and postconviction proceedings.

Justice

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=556