Missouri HB 463: Establishes the Missouri Innocence Inquiry Commission

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 463
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOGAN.
1122H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 546, RSMo, by adding thereto thirteen new sections relating to the Missouri
innocence inquiry commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 546, RSMo, is amended by adding thereto thirteen new sections, to
2 be known as sections 546.1000, 546.1003, 546.1006, 546.1009, 546.1012, 546.1015, 546.1018,
3 546.1021, 546.1024, 546.1027, 546.1030, 546.1033, and 546.1036, to read as follows:
546.1000. As used in sections 546.1000 to 546.1036, the following terms mean:
2 (1) "Claim of factual innocence", a claim, on behalf of a living person convicted of
3 a felony offense within the state of Missouri, asserting the innocence of any criminal
4 responsibility for the felony offense for which the person was convicted and for any other
5 reduced level of criminal responsibility relating to the offense, and for which there is some
6 credible, verifiable evidence of innocence that has not previously been presented at trial
7 or considered at a hearing granted through postconviction relief;
8 (2) "Claimant", a person asserting that he or she is innocent of any criminal
9 responsibility for a felony offense for which the person was convicted and for any other
10 reduced level of criminal responsibility relating to the offense;
11 (3) "Commission", the Missouri innocence inquiry commission established in
12 sections 546.1000 to 546.1036;
13 (4) "Director", the director of the commission;
14 (5) "Formal inquiry", the stage of an investigation in which the commission has
15 entered into a signed agreement with the original claimant and the commission has made
16 efforts to notify the victim;
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.

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17 (6) "Victim", the victim of the offense or, if the victim of the offense is deceased, the
18 next of kin of the victim.
546.1003. 1. There is hereby established the "Missouri Innocence Inquiry
2 Commission". The commission shall be an independent commission under the office of
3 state courts administrator for administrative purposes.
4 2. The office of state courts administrator shall provide administrative support to
5 the commission as needed. The office of state courts administrator shall not reduce or
6 modify the budget of the commission or use funds appropriated to the commission without
7 the approval of the commission. The office of state courts administrator shall conduct an
8 annual audit of the commission.
546.1006. 1. The commission shall consist of eight voting members as follows:
2 (1) One shall be a circuit court judge;
3 (2) One shall be a prosecuting attorney;
4 (3) One shall be a victim advocate;
5 (4) One shall be engaged in the practice of criminal defense law;
6 (5) One shall be a person who is not an attorney and who is not an officer or
7 employee of the judicial branch;
8 (6) One shall be a sheriff holding office at the time of his or her appointment; and
9 (7) The vocations of the two remaining appointed voting members shall be at the
10 discretion of the chief justice of the Missouri supreme court.
11
12 The chief justice of the Missouri supreme court shall make all initial appointments for
13 members identified in this subsection.
14 2. The appointing authority shall also appoint alternate commission members for
15 the commission members he or she has appointed to serve, in the event of scheduling
16 conflicts, conflicts of interest, disability, or other disqualification arising in a particular
17 case. The alternate members shall have the same qualifications for appointment as the
18 original members. In making the appointments, the appointing authority shall make a good
19 faith effort to appoint members with different perspectives of the justice system. The
20 appointing authority shall also consider geographical location, gender, and racial diversity
21 in making the appointments.
22 3. The circuit court judge who is appointed as a member under subsection 1 of this
23 section shall serve as chair of the commission. The commission shall have its initial meeting
24 before January 31, 2022, at the call of the chair. The commission shall meet a minimum
25 of once every six months but may meet more often at the call of the chair. The commission
26 shall meet at such time and place as designated by the chair. Notice of the meetings shall

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27 be given at such time and manner as provided by the rules of the commission. A majority
28 of the members shall constitute a quorum. All commission votes shall be by majority vote.
546.1009. 1. (1) As determined by the chief justice of the Missouri supreme court,
2 of the initial members, two appointments shall be for one-year terms, t