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MO HB1815
Bill
Status
1/26/2010
Primary Sponsor
Don Calloway
Click for details
AI Summary
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Prohibits state agents from seeking, imposing, affirming, or inflicting death sentences based on race, or defending death sentences previously sought or imposed on racial grounds.
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Allows defendants to establish that race was a significant factor in death sentencing decisions using statistical evidence, sworn testimony, or evidence showing racial disparities in sentencing patterns irrespective of statutory factors.
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Requires defendants to prove at pretrial or post-conviction hearings that race was a significant factor in death sentencing decisions in their county, city, judicial circuit, or the state; permits prosecution to rebut with evidence of no racial discrimination in the specific county or city where sentence was imposed.
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Mandates that if a court finds race was a significant factor in the defendant's death sentencing, the death sentence shall be vacated and the defendant resentenced to life imprisonment without probation, parole, or release eligibility except by gubernatorial act.
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Allows defendants to file motions for relief based on racial considerations in death sentencing within one year of the law's effective date or during pending post-conviction proceedings, with immediate appellability to the Missouri Supreme Court and right to constitutionally effective counsel.
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 in death penalty cases
Last Action
Referred: Crime Prevention (H)
5/14/2010