MO SB409

Expands DNA testing eligibility for death row inmates to include cases where testing would demonstrate innocence regarding aggravating factors, even if the inmate cannot claim innocence of the underlying murder charge.

Allows death-sentenced individuals to file postconviction motions for DNA testing if the technology was unavailable at trial or evidence was unknown to the defendant and trial counsel, removing the requirement that evidence must have been secured in relation to the crime.

Establishes that if DNA testing demonstrates innocence of aggravating circumstances in a death penalty case, the sentence is reduced from death to life imprisonment without eligibility for parole, probation, or release except by gubernatorial act.

Restricts statutory aggravating circumstances for first-degree murder from 17 factors to 6, eliminating factors such as prior serious assaultive convictions, felony murders, witness killings, gang-related murders, and crimes committed while in custody.

Modifies sentencing provisions for first-degree murder to distinguish between direct perpetrators (eligible for death or life imprisonment), accomplices under 18 years old (life with 25-year minimum), and other participants (mandatory life without parole).