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MO SB1391
Bill
Status
1/7/2026
Primary Sponsor
Nick Schroer
Click for details
AI Summary
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Requires circuit courts to appoint two counsel for indigent defendants immediately upon imposition of a death sentence, rather than waiting until a postconviction motion is filed
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Adds new qualification requirements for appointed counsel, including at least 5 years membership in the Missouri Bar and 3 years litigation experience in postconviction law
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Prohibits appointed postconviction counsel from having represented the defendant at trial or on direct appeal, expanding the existing conflict restriction
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Requires Missouri to comply with federal requirements under 28 U.S.C. Sections 2261 and 2265 and 28 CFR Section 26.22 for death penalty postconviction proceedings
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Allows courts to appoint alternative counsel upon a showing of good cause if their background and experience would enable proper representation despite not meeting standard qualifications
Legislative Description
Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death
Last Action
Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
1/27/2026