Missouri HB 1780: Abolishes the death penalty and specifies that any person sentenced to death must be sentenced to life imprisonment without parole

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1780
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PERKINS.
3853H.01I DANA RADEMAN MILLER, Chief Clerk
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, 557.021, 565.004, 565.005, 565.006, 565.020, 565.030,
565.032, 565.035, and 565.040, RSMo, and to enact in lieu thereof five new sections
relating to repealing the death penalty, with a penalty provision.
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, 546.740,
2 546.750, 546.800, 546.810, 546.820, 557.021, 565.004, 565.005, 565.006, 565.020, 565.030,
3 565.032, 565.035, and 565.040, RSMo, are repealed and five new sections enacted in lieu
4 thereof, to be known as sections 557.021, 565.004, 565.006, 565.020, and 565.040, to read as
5 follows:
557.021. 1. Any offense defined outside this code [which] that is declared to be a
2 misdemeanor without specification of the penalty therefor is a class A misdemeanor.
3 2. Any offense defined outside this code [which] that is declared to be a felony
4 without specification of the penalty therefor is a class E felony.
5 3. For the purpose of applying the extended term provisions of section 558.016 and
6 the minimum prison term provisions of section 558.019 and for determining the penalty for
7 attempts, offenses defined outside of this code shall be classified as follows:
8 (1) If the offense is a felony:
9 (a) It is a class A felony if the authorized penaltyincludes [death,] life imprisonment;
10 imprisonmentforlifewithouteligibilityforprobation,parole,orreleaseexceptbyactof
11 the governor; or imprisonment for a term of twenty years or more;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

12 (b) It is a class B felony if the maximum term of imprisonment authorized exceeds
13 ten years but is less than twenty years;
14 (c) It is a class C felony if the maximum term of imprisonment authorized is ten
15 years;
16 (d) ItisaclassDfelonyifthemaximumtermofimprisonmentexceedsfouryearsbut
17 is less than ten years;
18 (e) It is a class E felony if the maximum term of imprisonment is four years or less;
19 (2) If the offense is a misdemeanor:
20 (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in
21 jail;
22 (b) ItisaclassBmisdemeanoriftheauthorizedimprisonmentexceedsthirtydaysbut
23 is not more than six months;
24 (c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;
25 (d) It is a class D misdemeanor if it includes a mental state as an element of the
26 offense and there is no authorized imprisonment;
27 (e) It is an infraction if there is no authorized imprisonment.
565.004. 1. Each homicide offense [which] that is lawfully joined in the same
2 indictment or information together with any homicide offense or offense other than a
3 homicide shall be charged together with such offense in separate counts. A count charging
4 any offense of homicide may only be charged and tried together with one or more counts of
5 any other homicide or offense other than a homicide as provided in subsection 2 of section
6 545.140. Except as provided in subsections 2[,] and 3[, and 4] of this section, no murder in
7 the first degree offense may be tried together with any offense other than murder in the first
8 degree. In the event of a joinder of homicide offenses, all offenses charged which are
9 supported by the evidence in the case, together with all proper lesser offenses under section
10 565.029, shall, when requested by one of the parties or the court, be submitted to the jury or,
11 in a jury-waived trial, considered by the judge.
12 2. A count charging any offense of homicide of a particular individual may be joined
13 in an indictment or information and tried with one or more counts charging alternatively any
14 other homicide or offense other than a homicide committed against that individual. The state
15 shall not be required to make an election as to the alternative count on which it will proceed.
16 This subsection in no way limits the right to try in the conjunctive, where they are properly
17 joined under subsection 1 of this section, either separate offenses other than murder in the
18 first degree or separate offenses of murder in the first degree committed against different
19 individuals.
20 3. When a defendant has been charged and proven before trial to be a prior offender
21 pursuanttochapter558sothatthejudgeshallassesspunishmentandnotajuryforanoffense
HB 1780 2

22 other than murder in the first degree, that offense may be tried and submitted to the trier
23 together with any murder in the first degree charge with which it is lawfully joined. In such
24 case the judge will assess punishm