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MO HB517
Bill
Status
2/15/2011
Primary Sponsor
Michael Corcoran
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AI Summary
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Amends section 217.800 to establish detailed procedures for death row inmates seeking pardon, commutation, or reprieve, including a right to counsel and a full board hearing where the applicant can present evidence.
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Requires the board to consider at least 16 substantive factors when recommending on capital clemency applications, including strength of evidence of guilt, evidence of aggravating factors, deterrence effects, victim and applicant family impacts, and judicial review adequacy.
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Mandates the governor issue a written explanation if rejecting a board recommendation to pardon, commute, or reprieve a death sentence, and requires all board recommendations and gubernatorial orders to be public records.
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Establishes additional factors for board consideration such as mental illness, applicant age, quality of legal representation, racial bias, eyewitness identification issues, and whether execution method would cause unnecessary pain or suffering.
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Updates existing language to use gender-neutral pronouns ("he or she") for the governor in clemency proceedings and requires the Department of Corrections to notify the central repository of any clemency action.
Legislative Description
Changes the laws regarding clemency in death penalty cases
Last Action
Referred: Crime Prevention and Public Safety (H)
4/12/2011