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MO HB1599

Bill

Status

Introduced

2/1/2012

Primary Sponsor

Stephen Webber

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Establishes single-stage trial procedure for first degree murder cases where death penalty is not sought or has been waived, with guilt and punishment decided together.

  • Requires two-stage trial for first degree murder when death penalty is not waived: first stage determines guilt only, second stage addresses punishment if defendant convicted.

  • Changes punishment determination criteria in subsection 4(4) from "sufficient to outweigh" to "not outweighed by" regarding mitigating evidence versus aggravating evidence.

  • Mandates life imprisonment without parole eligibility instead of death penalty if trier finds by preponderance that defendant is mentally retarded, or fails to find beyond reasonable doubt at least one statutory aggravating circumstance, or determines mitigating evidence is not outweighed by aggravating evidence.

  • Applies only to offenses committed on or after August 28, 2001.

Legislative Description

Changes the criteria for determining that the sentence for first degree murder will be life imprisonment without eligibility for parole instead of the death penalty

Last Action

Referred: Judiciary (H)

4/18/2012

Committee Referrals

Judiciary4/18/2012

Full Bill Text

No bill text available