Missouri SB 635: Repeals the death penalty

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 635
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR WIELAND.
Pre-filed December 1, 2019, and ordered printed.
ADRIANE D. CROUSE, Secretary.
3653S.01I
AN ACT
To repeal sections 546.680, 546.690, 546.700, 546.710, 546.720, 546.730, 546.740,
546.750, 546.800, 546.810, 546.820, 565.004, 565.006, 565.020, 565.030,
565.032, 565.035, and 565.040, RSMo, and to enact in lieu thereof four new
sections relating to repealing the death penalty, with existing penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 546.680, 546.690, 546.700, 546.710, 546.720, 546.730,
2 546.740, 546.750, 546.800, 546.810, 546.820, 565.004, 565.006, 565.020, 565.030,
3 565.032, 565.035, and 565.040, RSMo, are repealed and four new sections enacted
4 in lieu thereof, to be known as sections 565.004, 565.006, 565.020, and 565.040,
5 to read as follows:
565.004. 1. Each homicide offense which is lawfully joined in the same
2 indictment or information together with any homicide offense or offense other
3 than a homicide shall be charged together with such offense in separate counts.
4 A count charging any offense of homicide may only be charged and tried together
5 with one or more counts of any other homicide or offense other than a homicide
6 as provided in subsection 2 of section 545.140. Except as provided in subsections
7 2[,] and 3[, and 4] of this section, no murder in the first degree offense may be
8 tried together with any offense other than murder in the first degree. In the
9 event of a joinder of homicide offenses, all offenses charged which are supported
10 by the evidence in the case, together with all proper lesser offenses under section
11 565.029, shall, when requested by one of the parties or the court, be submitted
12 to the jury or, in a jury-waived trial, considered by the judge.
13 2. A count charging any offense of homicide of a particular individual may
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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14 be joined in an indictment or information and tried with one or more counts
15 charging alternatively any other homicide or offense other than a homicide
16 committed against that individual. The state shall not be required to make an
17 election as to the alternative count on which it will proceed. This subsection in
18 no way limits the right to try in the conjunctive, where they are properly joined
19 under subsection 1 of this section, either separate offenses other than murder in
20 the first degree or separate offenses of murder in the first degree committed
21 against different individuals.
22 3. When a defendant has been charged and proven before trial to be a
23 prior offender pursuant to chapter 558 so that the judge shall assess punishment
24 and not a jury for an offense other than murder in the first degree, that offense
25 may be tried and submitted to the trier together with any murder in the first
26 degree charge with which it is lawfully joined. In such case the judge will assess
27 punishment on any offense joined with a murder in the first degree charge
28 according to law and, when the trier is a jury, it shall be instructed upon
29 punishment on the charge of murder in the first degree in accordance with section
30 565.030.
31 [4. When the state waives the death penalty for a murder first degree
32 offense, that offense may be tried and submitted to the trier together with any
33 other charge with which it is lawfully joined.]
565.006. 1. At any time before the commencement of the trial of a
2 homicide offense, the defendant may, with the assent of the court, waive a trial
3 by jury and agree to submit all issues in the case to the court, whose finding shall
4 have the force and effect of a verdict of a jury. Such a waiver must include a
5 waiver of a trial by jury of all issues and offenses charged in the case, including
6 the punishment to be assessed and imposed if the defendant is found guilty.
7 2. No defendant who pleads guilty to a homicide offense or who is found
8 guilty of a homicide offense after trial to the court without a jury shall be
9 permitted a trial by jury on the issue of the punishment to be imposed, except by
10 agreement of the state.
11 3. [If a defendant is found guilty of murder in the first degree after a jury
12 trial in which the state has not waived the death penalty, the defendant may not
13 waive a jury trial of the issue of the punishment to be imposed, except by
14 agreement with the state and the court.
15 4.] Any waiver of a jury trial and agreement permitted by this section
16 shall be entered in the court record.

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565.020. 1. A person commits the offense of murder in the first degree if
2 he or she knowingly causes the death of another person after deliberation upon
3 the matter.
4 2. The offense of murder in the first degree is a class A felony, and, if a
5 person is