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MO HB692
Bill
Status
2/24/2011
Primary Sponsor
Michael Corcoran
Click for details
AI Summary
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Repeals and replaces section 565.035, RSMo, regarding mandatory Missouri Supreme Court review of death sentences.
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Requires the circuit clerk to transmit the entire record and transcript to the Missouri Supreme Court within ten days after receiving it, along with a notice and report from the trial judge.
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Directs the Supreme Court to determine whether the death sentence was imposed under passion, prejudice, or arbitrary factors; whether evidence supports the statutory aggravating circumstances; and whether the sentence is excessive or disproportionate compared to similar cases in which death was imposed.
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Authorizes the Supreme Court to affirm the death sentence, set it aside and resentence to life imprisonment without parole, or set it aside and remand for a new punishment hearing.
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Establishes an assistant attorney position appointed by the Supreme Court to compile and provide case records and extracted information on all death sentences and life imprisonment sentences imposed since May 26, 1977, to support the Court's sentencing review analysis.
Legislative Description
Requires the Missouri Supreme Court when reviewing any case in which the death penalty is imposed to determine whether the sentence is excessive or disproportionate to the penalty in similar cases
Last Action
Public Hearing Completed (H)
3/16/2011