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MO HB1550
Bill
Status
1/6/2010
Primary Sponsor
Don Calloway
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AI Summary
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Prohibits state agents from seeking, imposing, affirming, or inflicting a death sentence on the basis of race, or defending a death sentence that was originally sought based on race.
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Allows courts to find that race was a significant factor in imposing a death sentence if statistical or other evidence shows racial disparities in death sentencing decisions at the county, city, judicial circuit, or state level at the time of sentencing.
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Permits evidence including statistical data, sworn testimony from criminal justice system participants, disparities in sentencing frequency by defendant or victim race, and evidence of race-based peremptory jury challenges to establish racial bias.
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Requires defendants to prove by preponderance of evidence that race was a significant factor and to raise claims through pretrial motion or post-conviction proceedings; if proven, courts must vacate the death sentence and resentence to life imprisonment without parole.
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Applies the statute retroactively and grants defendants the right to file motions within one year of the law's effective date; pretrial motions and post-conviction appeals are immediately appealable to the Missouri Supreme Court.
Legislative Description
Prohibits any state agent from seeking the death penalty on the basis of race and permits the use of statistical evidence in certain criminal and post-conviction relief proceedings
Last Action
Referred: Crime Prevention (H)
5/14/2010