MO SB338

Repeals and reenacts section 565.035, RSMo, regarding mandatory Supreme Court review of death penalty sentences in Missouri.

Circuit clerks must transmit case records and transcripts to the Missouri Supreme Court within ten days after receiving the transcript, along with notice and judge's report on a standard questionnaire.

Supreme Court must determine whether death sentences were imposed under passion, prejudice, or arbitrary factors; whether evidence supports aggravating circumstances; and whether sentences are excessive or disproportionate compared to similar cases.

Supreme Court may affirm death sentences, resentence defendants to life imprisonment without probation or parole, or remand cases for retrial of the punishment hearing with evidence of guilty verdict being admissible.

Establishes assistant to the Supreme Court position to accumulate records of all cases with death or life imprisonment sentences and provide court with extracted information, synopses, and data compilation relevant to sentencing validity review.