Missouri 2022 Regular Session

Missouri Senate Bill SB1201

Introduced
2/28/22  

Caption

Creates provisions relating to postconviction relief

Impact

The impact of SB 1201 on state law is profound as it provides a more structured avenue for those declaring their innocent status. By formally establishing clear criteria for claims of actual innocence, the bill aims to enhance the integrity of the judicial process and potentially exonerate wrongfully convicted individuals. This aligns with ongoing efforts within the legal system to promote justice and safeguard against miscarriages of justice. This amendment to Chapter 547 of RSMo is expected to change the landscape of post-conviction procedures significantly.

Summary

Senate Bill 1201 aims to create new provisions within Missouri law regarding post-conviction relief. Specifically, it establishes a framework for individuals who assert claims of actual innocence after their convictions. To successfully claim factual innocence, a petitioner must present newly discovered and admissible evidence that was unavailable during the initial trial and demonstrate that no reasonable factfinder would have convicted them based on this evidence. This legislative change is significant as it outlines the criteria and process through which wrongfully convicted individuals may seek relief and potentially overturn their convictions.

Sentiment

General sentiment around SB 1201 has been supportive, particularly among advocates for criminal justice reform and innocent individuals who have been falsely convicted. Supporters argue that the bill gives necessary tools to rectify wrongful convictions and uphold justice in the legal system. Concerns, however, have been raised regarding the potential burden on courts and the challenges related to defining what constitutes newly discovered evidence, indicating a nuanced debate about its practical implementation.

Contention

Notable points of contention regarding SB 1201 revolve around how the judicial system will manage the influx of claims that could arise if the bill is passed. While the intent of enhancing legal recourse for the wrongfully convicted is widely supported, detractors point out that this could lead to an increased caseload in the courts, challenging the efficiency of judicial proceedings. The ramifications of how 'newly discovered evidence' is defined and assessed may also stir debate, as this definition will heavily influence the bill's effectiveness in achieving its intended goals.

Companion Bills

No companion bills found.

Previously Filed As

MO HB490

Expand postconviction relief re:DNA test showing actual innocence

MO HB2254

Establishes provisions relating to postconviction relief to set aside a sentence of death

MO HB1314

Postconviction proceedings.

MO SB1391

Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

MO SB741

Modifies provisions relating to the appointment of counsel for postconviction relief of sentences of death

MO LB448

Provide for postconviction relief for a claim of actual innocence, change provisions relating to time limitations, required disclosures, and procedural defaults, and name the Postconviction Relief Act

MO SB1211

An act to add Chapter 6 (commencing with Section 1566) to Title 12 of Part 2 of the Penal Code, relating to criminal procedure.

MO SB57

An Act To Amend Title 11 Of The Delaware Code Relating To Postconviction Remedy.

MO HB1169

Establishes provisions relating to postconviction relief to set aside a sentence of death

MO SB854

Creates provisions relating to expungement

Similar Bills

No similar bills found.