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MO HB2596
Bill
Status
2/22/2016
Primary Sponsor
Brandon Ellington
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AI Summary
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Adds a new requirement for Missouri Supreme Court review of death sentences to determine whether race was a significant factor in the decision to seek or impose the death penalty in the county, judicial circuit, or state
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Creates new Section 565.044 prohibiting any person from being sentenced to death or executed under a judgment sought or obtained on the basis of race
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Allows defendants charged with first-degree murder to file pre-trial motions claiming racial considerations played a significant part in seeking the death penalty, and permits defendants already sentenced to death to file motions to set aside their sentences on racial grounds
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Permits use of statistical evidence, sworn testimony from attorneys, prosecutors, law enforcement, and jurors, and data showing disproportionate death penalty imposition by race or racial factors in peremptory jury challenges
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Requires courts finding race was a significant factor to either prohibit seeking the death penalty or vacate the death sentence and resentence the defendant to life imprisonment without parole
Legislative Description
Provides a method for judicial consideration of whether race played a role in decisions to impose or seek the death penalty
Last Action
Referred: Civil and Criminal Proceedings(H)
5/13/2016