Bill > HB2876

This bill modifies trial procedures for first-degree murder cases in Missouri, particularly concerning the death penalty. If the death penalty is not waived, trials will proceed in two stages: first, to determine guilt, and second, to determine punishment. In the punishment phase, only a jury will assess the sentence, unless the defendant waives a jury or a jury hasn't been empaneled, in which case the judge will impose a sentence of life imprisonment without parole. The bill also clarifies that evidence in aggravation and mitigation of punishment can be presented, including victim impact statements. A jury must find at least one statutory aggravating circumstance beyond a reasonable doubt and conclude that mitigating evidence does not outweigh aggravating evidence to impose the death penalty. If a jury cannot unanimously agree on a sentence, the court will impose life imprisonment without parole. The bill also introduces provisions for defendants to be resentenced to life imprisonment without parole if their sentence was assessed by a judge after a jury was unable to reach a unanimous decision prior to August 28, 2026, and defines "intellectual disability" for legal purposes.

https://house.mo.gov/Bill.aspx?bill=HB2876&year=2026&code=R