MO HB516

Prohibits any agent of the state of Missouri from seeking, imposing, affirming, or inflicting a death sentence based on race, or defending a death sentence that was previously sought or imposed based on race.

Allows a defendant to establish that race was a significant factor in their death sentence if statistical or other evidence shows race was a significant factor in death sentence decisions in the relevant county, city, judicial circuit, or state at large at the time of sentencing.

Permits evidence including statistical disparities in death sentencing by defendant race or victim race, evidence of racial disparities in peremptory challenges during jury selection, and sworn testimony from criminal justice system participants.

Requires defendants to raise claims in pretrial motions or post-conviction proceedings, with courts holding hearings where defendants bear the burden of proof; if race is found to be a significant factor, the court must vacate the death sentence and re-sentence to life imprisonment without parole eligibility.

Makes pretrial motion decisions immediately appealable to the Missouri Supreme Court before trial; applies retroactively with a one-year filing deadline from the effective date; declares the act an emergency measure effective upon passage and approval.