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MO HB852

Bill

Status

Introduced

2/5/2015

Primary Sponsor

Sharon Pace

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends Section 56.110, RSMo, governing when prosecuting attorneys must be replaced due to conflicts of interest

  • Creates a new process allowing any person to file an affidavit under oath with the court clerk to request appointment of a special prosecutor to evaluate whether a prosecuting attorney should recuse

  • Recusal review may be triggered when a prosecuting attorney's impartiality might reasonably be questioned on a potential or current case

  • Retains existing law allowing courts to appoint special prosecutors when prosecutors have conflicts of interest, prior counsel relationships, or family relations to defendants

  • Special prosecutors appointed under this section cannot represent parties other than the state in criminal matters within that circuit during their appointment

Legislative Description

Allows an affidavit to be filed to appoint a special prosecutor to determine if a prosecuting attorney should recuse himself or herself if the attorney's impartiality might reasonably be questioned

Last Action

Referred: Civil and Criminal Proceedings(H)

2/11/2015

Committee Referrals

Civil and Criminal Proceedings2/11/2015

Full Bill Text

No bill text available