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Bill > HB2254


MO HB2254

MO HB2254
Establishes provisions relating to postconviction relief to set aside a sentence of death


summary

Introduced
01/07/2026
In Committee
03/09/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishes provisions relating to postconviction relief to set aside a sentence of death

AI Summary

This bill modifies existing law in Missouri concerning postconviction relief, which is a legal process where a person convicted of a crime can ask a court to review their case after their initial conviction and sentencing. Specifically, this bill focuses on cases where the death penalty has been imposed. It mandates that when a death sentence is handed down, the circuit court must determine if the defendant is indigent, meaning they cannot afford legal representation. If the defendant is found to be indigent, the court must immediately appoint two lawyers to help them prepare and argue their postconviction relief motion, which are legal filings made under specific Missouri Supreme Court rules (24.035 or 29.15) to challenge a conviction or sentence. The bill also outlines strict qualifications for these appointed lawyers, requiring them to have specific training in death penalty cases and postconviction law, as well as significant litigation experience. These lawyers cannot have represented the defendant during their trial or direct appeal. If the defendant is not indigent, the court can deny the appointment of counsel. The bill also states that the state public defender will cover reasonable compensation and litigation expenses for these appointed attorneys and clarifies that these provisions apply to all death penalty cases and subsequent postconviction motions, and that the state must also comply with federal requirements related to death penalty cases.

Committee Categories

Justice

Sponsors (1)

Last Action

HCS Reported Do Pass (H) - AYES: 8 NOES: 5 PRESENT: 0 (on 03/09/2026)

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