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MO HB2254
Bill
Status
1/7/2026
Primary Sponsor
Barry Hovis
Click for details
AI Summary
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Circuit courts must determine indigency status at the time of imposing a death sentence, rather than waiting until a postconviction motion is filed, and must appoint two counsel "without delay" for indigent defendants
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Appointed counsel must meet specific qualifications including at least 12 hours of recent death penalty training, 3 years of criminal law experience, 3 years of postconviction experience, participation in at least 5 Class A felony postconviction cases, and 5 years of Missouri Bar membership
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Courts may appoint alternative counsel upon a showing of good cause if their background enables proper representation given the seriousness of the penalty and complexity of litigation
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Counsel appointed for postconviction proceedings cannot have represented the defendant at trial and cannot represent the defendant on direct appeal
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Missouri must comply with additional federal requirements under 28 U.S.C. Sections 2261, 2265, and 28 CFR Section 26.22 regarding postconviction procedures in death penalty cases
Legislative Description
Establishes provisions relating to postconviction relief to set aside a sentence of death
Last Action
HCS Reported Do Pass (H) - AYES: 8 NOES: 5 PRESENT: 0
3/9/2026