MO HB2142

Repeals and replaces section 565.030, RSMo regarding death penalty procedures in murder in the first degree cases

Establishes single-stage trials when murder in the first degree is not charged, not submitted to jury, or the state waives the death penalty

Requires two-stage trials when murder in the first degree is submitted without waiving the death penalty: first stage determines guilt only, second stage (if defendant convicted of first-degree murder) determines punishment

Mandates life imprisonment without parole eligibility unless trier finds by preponderance of evidence defendant is mentally retarded, fails to find at least one statutory aggravating circumstance beyond reasonable doubt, finds mitigation sufficient to outweigh aggravation, or exercises discretion not to impose death

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